National Immigrant Justice Center
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Immigration Litigation Update
United States v. Salgado Martinez (May 28, 2015)
RAWLINSON, Fletcher, Ebel
Summary: Salgado Martinez, a former LPR who was deported following a conviction for third degree child molestation under Wash. Rev. Code. § 9A44.089 and then re-entered without permission, filed a motion to dismiss § 1326 illegal re-entry...
Habib v. Lynch (May 29, 2015)
WILLIAMS, Flaum, Kanne
State of Texas v. USA (May 26, 2015)
SMITH, Elrod, Higginson
A group of states and state governors sued the Secretary of Homeland Security seeking to enjoin two new programs (DAPA and DACA II) which sought to channel the government’s prosecutorial discretion authority into granting deferred action, which makes people authorized for work...
Sesay v. Attorney General (May 26, 2015)
KRAUSE, Rendell, Smith
Summary: The Third Circuit concluded that there is no duress exemption for those seeking asylum who provided material support under duress to a terrorist group.
As a child, petitioner Sesay was forced to provide support to the Revolutionary...
Mtoched v. Lynch (May 26, 2015)
Summary: The Northern Marianas Islands entered into a compact with the United States which makes people born in the CNMIcitizens, and for the future, applies U.S. immigration law. The Petitioner isn’t a native of CNMI, but rather, of Palau. He moved to CNMI, before it became part of...
Camacho Garcia v. Lynch (May 20, 2015)
Hawkins, Paez, Berzon (per curiam)
Summary: The Ninth Circuit granted this petition for review by a an LPR from the Philippines...
Salas-Caballero v. Lynch (May 20, 2015)
Loken, Smith, Colloton (per curiam)
Summary: Petitioner applied for cancellation of removal under 8 U.S.C. §1229b(b)(1). Jurisdiction to review cancellation denials is limited to constitutional claims and questions of law. See 8 U.S.C. §§ 1252(a)(2)(B)(i); 1252(a)(2)(D). ...
Guaman-Yuqui v. Lynch (May 19, 2015)
Leval, Lynch, Lohier (per curiam)
Summary: Guaman-Yuqui entered the U.S. without inspection in January 2001. He was served a notice to appear (“NTA”) on March 15, 2010; that NTA did not specify a time or date for his hearing. The Immigration Court mailed Guaman-Yuqui a notice of...
Kamara v. Lynch (May 18, 2015)
JONES, Barksdale, Prado
Summary: Petitioner claims derivative United States citizenship under former 8 U.S.C. § 1432(a)(3). The Fifth Circuit clarified its decision in Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. 2006), which requires “sole legal custody”...
Gustavo Martinez v. Lynch (May 12, 2015)
KELLY, Beam, Colloton
Summary: Petitioner sought to reopen his removal proceedings and obtain asylum under 8 U.S.C. § 1158(a)(1), and then sought reconsideration on the denial of the motion.
The Eighth Circuit denied the petition, finding...
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