Immigration Litigation Update

Submitted by Hena Mansori on June 30, 2014 - 12:00am

5th Circuit

Garcia v. Holder (5th Cir. June 30, 2014)

Davis, Garza, Dennis (per curiam)

Summary:Petitioner, an LPR from Mexico, appealed the BIA’s determination that his New Mexico auto-burglary conviction constituted an aggravated felony rendering him ineligible for cancellation of removal. The Fifth Circuit rejected his argument,...

Submitted by Catherine Matthews on June 30, 2014 - 12:00am

5th Circuit

Hernandez, et al, v. U.S., et al (5th Cir., June 30, 2014)

PRADO, Dennis, DeMoss

Summary:“On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was gathered with a group of friends on the Mexican side of a cement culvert that separates the United States...

Submitted by Catherine Matthews on June 27, 2014 - 12:00am

1st Circuit

Aldana-Ramos v. Holder (1st Cir., June 27, 2014)

LYNCH, Torruella, Thompson

Summary: The brother petitioners sought asylum on account of a particular social group consisting of their immediate family after their father, owner of a car dealership, was kidnapped and murdered after the brothers paid a $125,000 ransom to the “Z”...

Submitted by Hena Mansori on June 25, 2014 - 12:00am

1st Circuit

Mejia v. Holder (1st Cir. June 25, 2014)

LYNCH, Lipez, Lisi

Summary: In this petition for review, the First Circuit criticized the BIA for failing to do adequately consider whether the petitioner’s Massachusetts shoplifting offense was a crime involving moral turpitude.  Instead of actually considering this issue, the BIA...

Submitted by Hena Mansori on June 23, 2014 - 12:00am

11th Circuit

United States v. Ramirez-Gonzalez (11th Circuit, June 23, 2014)

Tjoflat, Hull, Marcus (per curiam)

Summary: In this appeal of a district court’s sentence for a non-citizen convicted of illegal reentry under 8 U.S.C. § 1326, the Eleventh Circuit affirmed the district court’s decision, concluding that the appellant’s offense was...

Submitted by Hena Mansori on June 19, 2014 - 12:00am

5th Circuit

Munoz v. Holder (5th Circuit, June 19, 2014)

ELROD, Davis, Barksdale

Summary: In this petition for review, the Fifth Circuit held that a returning LPR – who had committed a crime of involving moral turpitude prior to her departure and return to the U.S. but who was not convicted of the crime until subsequent to her return – was...

Submitted by Catherine Matthews on June 19, 2014 - 12:00am

5th Circuit

Milat v. Holder (5th Cir. June 19, 2014)

PRADO, Reavley, Elrod

Summary:Milat petitioned for review of the Board of Immigration Appeals’ (BIA) order affirming an immigration judge’s (IJ) denial of his applications for asylum and withholding of removal on the grounds that Milat did not establish past persecution and failed to...

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

6th Circuit

Mandebvu, et al, v. Holder (6th Cir. June 18, 2014)

MOORE, Merritt (concurrence), McKeague (dissent)

Summary: Sheya and Mtandazo Mandebvu and their two derivative children, all natives of Zimbabwe, sought asylum and withholding of removal based on their fear of persecution for their opposition to Zimbabwe’s head of state...

Submitted by Catherine Matthews on June 17, 2014 - 12:00am

7th Circuit

Halim v. Holder (7th Cir. June 17, 2014)

BAUER, Easterbrook, St. Eve (by designation)

Summary: Halim petitions for review of the denial of his application for withholding of removal. “Halim contends that he has a well-founded fear of future persecution based on the “pattern and...

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

9th Circuit

United States v. Aguilera-Rios (9th Cir. June 17, 2014)

BERZON, Pregerson, Murphy

Summary: Appellant Aguilera-Rios appealed his illegal re-entry conviction, arguing that his prior removal order was invalid because the offense leading to his prior removal proceedings was not...

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