Immigration Litigation Update

Submitted by Kathleen O'Donovan on April 29, 2016 - 1:00am

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...

Submitted by Kathleen O'Donovan on April 29, 2016 - 1:00am

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...

Submitted by Kathleen O'Donovan on April 28, 2016 - 1:00am

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...

Submitted by Hena Mansori on April 27, 2016 - 1:00am

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...

Submitted by Kathleen O'Donovan on April 26, 2016 - 1:00am

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...

Submitted by Kathleen O'Donovan on April 22, 2016 - 1:00am

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...

Submitted by Hena Mansori on April 22, 2016 - 1:00am

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...

Submitted by Hena Mansori on April 22, 2016 - 1:00am

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...

Submitted by Hena Mansori on April 22, 2016 - 1:00am

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. 

Petitioner...

Submitted by Hena Mansori on April 12, 2016 - 1:00am

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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