Immigration Litigation Update

Submitted by Catherine Matthews on September 29, 2014 - 12:00am

9th Circuit

Mendia v. Garcia, et al (9th Circuit, September 29, 2014)

WATFORD, Noonan, Nguyen

Summary:“The panel reversed the district court’s dismissal, for lack of standing, and remanded in an action brought against two agents of the United States Immigration and Customs Enforcement seeking damages for the time plaintiff spent in pre-...

Submitted by Catherine Matthews on September 25, 2014 - 12:00am

2d Circuit

Vanegas-Ramirez v. Holder (2d Cir., Sept. 25, 2014)

CHEN, Livingston, Droney

Summary:Luis Estuardo Vanegas-Ramirez petitions for review of a February 4, 2013 decision by the Board of Immigration Appeals substantially affirming the Immigration Judge’s decisions denying Vanegas-...

Submitted by Hena Mansori on September 24, 2014 - 12:00am

6th Circuit       

Stanovsek v. Holder (6th Circuit, September 24, 2014)

ROGERS, Steeh, Boggs (dissent)

Summary:In this opinion, the Sixth Circuit joined the Third, Fourth, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that the text of 8 USC § 1182(h), INA § 212(h), is unambiguous in precluding only LPRs who...

Submitted by Catherine Matthews on September 23, 2014 - 12:00am

1st Circuit

Taveras-Duran v. Holder (1st Circuit, September 23, 2014)

LYNCH, Lipez, Howard

Summary: “Aridio Taveras-Duran, a native and citizen of the Dominican Republic, petitions for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings in which the BIA had affirmed the Immigration...

Submitted by Hena Mansori on September 22, 2014 - 12:00am

9th Circuit

Sandoval-Gomez v. Holder (9th Circuit, September 22, 2014)

ENGLAND, Gould, Smith

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s procedural arguments and concluding that Petitioner’s California attempted arson offense constituted an aggravated felony under INA § 101(a)(43)(E)(i), as an offense...

Submitted by Catherine Matthews on September 22, 2014 - 12:00am

11th Circuit

Kurapati, et al, v. U.S. Bureau of Citizenship and Immigration Services, et al (11th Circuit, September 22, 2014)

Wilson, Pryor, Rosenbaum (Per Curiam)

Summary: Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, filed an appeal from the district court’s dismissal for lack of jurisdiction of their...

Submitted by Catherine Matthews on September 18, 2014 - 12:00am

11th Circuit

Gaksakuman v. Holder (11th Circuit, September 18, 2014)

PRYOR, Wilson, Rosenbaum

Summary: Gaksakuman v. Holder is a petition for review regarding “…whether silence in a report of the Department of State about torture of asylum seekers on return to an alien’s home country may rebut affirmative evidence of that torture presented...

Submitted by Hena Mansori on September 17, 2014 - 12:00am

3d Circuit         

Mahn v. Holder (3d Circuit, September 17, 2014)

FUENTES, McKee, Greenaway, Jr.

Summary:The Third Circuit granted this petition for review, concluding that Petitioner’s reckless endangerment statute is not categorically a crime involving moral turpitude.  Under 18 Pa. Cons. Stat. Ann. § 2705...

Submitted by Catherine Matthews on September 16, 2014 - 12:00am

6th Circuit

Rais v. Holder (6th Circuit, September 16, 2014)

DONALD, Boggs, Hood (by designation)

Summary:Rais v. Holder involves the recurring issue of mixed authority in the removal context, together with federal court appellate authority over sua sponte reopening denials.

Dr Rais applied for adjustment of status through a former...

Submitted by Hena Mansori on September 15, 2014 - 12:00am

7th Circuit        

Jeudy v. Holder (7th Circuit, September 15, 2014)

HAMILTON, Bauer, Rovner

Summary:The Seventh Circuit granted this petition for review litigated by NIJC and pro bono attorneys at Jenner & Block.  Mr. Jeudy argued that the stop-time rule for LPR cancellation of removal, which was created...

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