National Immigrant Justice Center
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Immigration Litigation Update
Karroumeh v. Lynch (7th Cir. April 29, 2016)
ROVNER, Wood, Manion
Summary: Mohsen Karroumeh (“Karroumeh”) was found to be removable based on marriage fraud and he appeals this finding. Shortly after entering the United States on the tourist visa he obtained a proxy dirvorced from his wife who was still living in Jordan. Four months after that...
Andrade Garcia v. Lynch (9th Cir. April 29, 2016)
IKUTA, Clifton, Block
Summary: “The panel denied a petition for review of an immigration judge’s decision affirming an asylum officer’s negative reasonable fear determination in reinstated removal proceedings. The panel held that this court reviews an IJ’s negative reasonable fear determination...
Lira Saldana et al v. Lynch (8th Cir. April 28, 2016)
COLLOTON, Loken, dissent by Murphy
Summary: Petitioners Israel Lira Saldana, Elizabeth Pino Peralta, and their three children contest the denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The family fears return based...
Mena v. Lynch (4th Cir. April 27, 2016)
SHEDD, Wilkinson, Agee
Summary: The Fourth Circuit granted this petition for review, finding that Petitioner Francisco Alberto Pena’s conviction under 18 USC § 659 was not an aggravated felony under 8 USC 1101(a)(43)(G) and that the agency below had erred in determining otherwise and pretermitting...
Hernandez De La Cruz v. Lynch (5th Cir. April 26, 2016)
HIGGINSON, Wiener, Costa
Summary: Petitioner, Joel Hernandez De La Cruz (“Hernandez”) fears returning to his native Mexico because he has previously been kidnapped by the Zetas. He was released from captivity after paying $15,000. Member of the Zetas told him not to repot...
Acosta v. Lynch (1st Cir. April 22, 2016)
TORRUELLA, Thompson, Barron
Summary: At age 13, petitioner Jhonatan Acosta (“Acosta”), a native of Colombia, first entered the United States, on what he thought was a valid tourist visa. Acosta remained in the United States and at age 27, Acosta applied for adjustment of status through his US citizen wife...
Peralta Sauceda v. Lynch (1st Cir. April 22, 2016)
LYNCH, Torruella, Kayatta
Summary: The First Circuit granted rehearing after previously denying Petitioner Peralta Sauceda’s petition for review, and on rehearing granted the petition and remanded Peralta Sauceda’s case for further proceedings.
Peralta entered the United States without...
Perez Alonzo v. Lynch (8th Cir. April 22, 2016)
SMITH, Bye, Benton
Summary: The Eighth Circuit granted this petition for review, agreeing with Petitioner Perez Alonzo (“Perez”) that his convictions for Assault Domestic Abuse Causing Bodily Injury in violation of Iowa Code § 708.2A(4) are not categorically crimes involving moral turpitude...
Ashraf v. Lynch (8th Cir. April 22, 2016)
SHEPHERD, Colloton, Gruender
Summary: The Eighth Circuit denied this petition for review, concluding that Petitioner Chaudhry Ashraf’s conviction for conspiracy to commit marriage fraud in violation of 18 USC § 371 was a crime involving moral turpitude rendering him removable.
United States v. Argueta-Rosales (9th Cir. April 12, 2016)
FISHER, Bybee, Foote
Summary: The Ninth Circuit vacated Appellant Argueta-Rosales’s § 1326 illegal re-entry conviction, finding that under its precedent attempted illegal reentry is a specific intent crime that requires proof of intent to enter the country free from official restraint....
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