Immigration Litigation Update

Submitted by Kathleen O'Donovan on August 28, 2015 - 3:08pm

1st Circuit

Wang v. Lynch (July 31, 2015)

LYNCH, Torruella, Howard

Summary: “Rei Feng Wang, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (BIA) denying as untimely, by approximately fifteen years, his motion to reopen his earlier removal proceedings on the purported basis of...

Submitted by Kathleen O'Donovan on August 28, 2015 - 3:06pm

1st Circuit

Paiz-Morales v. Lynch (July 29, 2015)

THOMPSON, Barron, Howard

Summary: Elmer Humberto Paiz-Morales (“Paiz-Morales”), a native of Guatemala, applied for asylum, and withholding of removal in 1998. Later that year he was served with a notice to appear, he did not go to his court date and was removed in absentia. ...

Submitted by Kathleen O'Donovan on August 28, 2015 - 3:04pm

1st Circuit

Mboowa v. Lynch (July 21, 2015) 

HOWARD, Lynch, Thompson

Summary: Petition Henry Mboowa (“Moowba”) seeks review of the denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). During Mwoob’s testimony the Immigration Judge found inconsistencies between his...

Submitted by Kathleen O'Donovan on August 28, 2015 - 3:03pm

8th Circuit

Nanic v. Lynch (July 20, 2015)

COLLOTON, Wollman, Benton

Summary: Petitioners Hazret and his wife, Jasminka Nanic appeal the denial of Hazret Nanic’s (“Nanic”) petition for asylum, and withholding of removal. Jasminka was a derivative on Nanic’s application. Nanic is a native of the former Yogosalvia, and is a citizen of both...

Submitted by Kathleen O'Donovan on August 28, 2015 - 3:02pm

3rd Circuit

Paek v. Attorney General (July 20, 2015) (CV quick mention)

RENDELL, Hardiman, Vanaskie

Summary: Petition Ka A. Paek (“Paek”) argues that someone who has been admitted to the United States as a conditional lawful permanent resident (“LPR”) is not admitted as an LPR for purposes of a 212(h) waiver. After being admitted as a...

Submitted by Kathleen O'Donovan on August 28, 2015 - 2:59pm

7th Circuit

Giri v. Lynch (July 17, 2015)

WILLIAMS, Wood, Tinder

Summary: Petitioner Parashu Giri (“Giri”) appeals to the Seventh Circuit because the Immigration Judge denied him a continuance during his removal proceedings. After filing an I-751 to remove the conditions on his green card for the second time (Giri and his wife did not...

Submitted by Kathleen O'Donovan on August 28, 2015 - 2:58pm

1st Circuit

Vang v. Lynch (July 17, 2015) 

TORRUELLA, Thompson, Barron

Summary: Petitioner Yao Pao Vang (“Vang”) is a native of Laos and seeks review of the denial of his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Ten years after the petitioner entered the United States as a...

Submitted by Kathleen O'Donovan on August 28, 2015 - 2:53pm

7th Circuit

Joseph v. Lynch (July 14, 2015)

HAMILTON, Bauer, Manion

Petitioner, Eugene Joseph (Joseph”) appeals the denial of VAWA petition by USCIS and the BIA. The Seventh Circuit dismissed Joseph’s claim for lack of jurisdiction. He did not raise all issues at the BIA and therefore the issues are not exhausted. In addition, what Joseph is contesting as...

Submitted by Kathleen O'Donovan on August 28, 2015 - 2:51pm

1st Circuit

Manguriu v. Lynch (July 14, 2015) (Monica McCarthy)

SELYA, Howard, Lipez

Petitioner Joel Njoroge Manguriu (“Manguriu”) entered the United States in 1999 and overstayed his visa. He then married a U.S. citizen and shortly after his I-130 petition was filed he applied for adjustment of status as the immediate relative of a United States citizen....

Submitted by Kathleen O'Donovan on August 28, 2015 - 2:49pm

2d Circuit

Morales Santana v. Lynch (July 8, 2015) 

LOHIER, Carney, and district judge Rakoff

Summary: “Petitioner Luis Ramon Morales‐Santana seeks review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen his removal proceedings to evaluate his claim of derivative citizenship.  Under  the...

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