Immigration Litigation Update

Submitted by Chuck Roth on May 13, 2013 - 12:00am

9th Circuit

Tapia Madrigal v. Holder (May 15, 2013)
FISHER Fletcher Dearie (dct)
 
Summary:
 
1.  Govt did not defend BIA's holding that attempted murder doesn't rise to level of past persecution, which CtApp rejects.  No dispute about cognizability of PSC of “former Mexican...
Submitted by Mark Fleming on May 3, 2013 - 12:00am

9th Circuit

Mendoza-Alvarez v. Holder (9th Circuit, May 3, 2013)
Tallman, Smith Jr., Rosenthal (distct) (per curiam)

Summary:“The panel denied a petition for review of a decision of the Board of Immigration Appeals denying withholding of removal to a citizen of Mexico because petitioner failed to establish that he was a...

Submitted by Mark Fleming on May 3, 2013 - 12:00am

7th Circuit

Munoz-Avila v. Holder (7th Circuit, May 3, 2013)
ROVNER, Hamilton, Lefkow (distct)

Summary: “Fidel Munoz Avila came to the attention of the Department of Homeland Security (DHS) when he filed an application for adjustment of status based on his marriage to a United States citizen. Avila and his wife have...

Submitted by Mark Fleming on May 3, 2013 - 12:00am

5th Circuit

Dhuka v. Holder (5th Circuit, May 3, 2013)
SOUTHWICK, Barksdale, Jones

Summary: Petitioners sought review from the BIA’s determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” Petitioners entered the United States on L-1A and L-2...

Submitted by Mark Fleming on May 3, 2013 - 12:00am

2nd Circuit

Reyes v. Holder (2nd Circuit, May 3, 2013)
Cabranes, Livingston, Furman (distct) (per curiam)

Summary: “This appeal requires us to interpret a rule, promulgated pursuant to the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”), Pub. L. No. 105-100, 111 Stat. 2193, that permits the...

Submitted by Mark Fleming on April 30, 2013 - 12:00am

2nd Circuit

Richmond v. Holder (2nd Circuit, April 30, 2013)
CALABRESI, Pooler, Raggi

Summary: “Petitioner Keon Richmond, a native and citizen of Trinidad and Tobago, remained in the United States beyond the term of the tourist visa which allowed his initial entry here in May 2001. When removal proceedings were brought...

Submitted by Mark Fleming on April 30, 2013 - 12:00am

9th Circuit

Friend v. Holder (9th Circuit, April 30, 2013)
WATFORD, Berzon, Carr (distct)

Summary: “The panel affirmed the district court’s summary judgment dismissal of Horace Gozon Friend’s action brought under 8 U.S.C. § 1503(a) seeking a declaratory judgment that he is a United States citizen, although he was born...

Submitted by Mark Fleming on April 30, 2013 - 12:00am

10th Circuit

Karki v. Holder (10th Circuit, April 30, 2013)
McKAY, Kelly, O’Brien

Summary: The Tenth Circuit vacated the agency’s denial of asylum, withholding and CAT relief for Nepalese petitioner. Petitioner suffered persecution at the hands of Maoist rebels, while he served as a United Nation’s Development Program...

Submitted by Mark Fleming on April 26, 2013 - 12:00am

7th Circuit

Ni v. Holder (7th circuit, April 26, 2013)
WOOD, Hamilton, Darrow (distct)

Summary: “Ji Cheng Ni came to the United States in 2001 from his home in Fujian Province, China. An Immigration Judge ordered him removed in 2003, and his subsequent appeals were unsuccessful. See Ni v. Gonzales, 134...

Submitted by Mark Fleming on April 25, 2013 - 12:00am

2nd Circuit

Shabaj v. Holder (2nd Circuit, April 25, 2013) (Amended opinion)
Kearse, Katzmann, Gleeson (distct) (per curiam)

Summary: The Court issued an...

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