Immigration Litigation Update

Submitted by Kathleen O'Donovan on May 27, 2016 - 5:00am

Ponce Osorio v. Lynch (5th Cir. May 27, 2016)

Higgginbotham, Smith, Owen (per curiam)

Summary:“Katherine Ponce-Osorio filed a petition challenging a decision of the Department of Homeland Security (“DHS”) to reinstate an expedited order of removal. In response, the Secretary of DHS moved to dismiss for want of jurisdiction. Although Ponce-Osorio...

Submitted by Kathleen O'Donovan on May 27, 2016 - 5:00am

Wang v. Lynch (6 Cir. May 27, 2016)

ROGERS, Suhrheinrich, Daughtrey

http://www.ca6.uscourts.gov/opinions.pdf/16a0130p-06.pdf

Summary: “An applicant for a government benefit such as asylum may understandably pattern the facts of his application on those asserted by other...

Submitted by Kathleen O'Donovan on May 26, 2016 - 5:00am

Pandit v. Lynch (1st Cir. May 26, 2016)

BARRON, Lynch, Thompson

Summary: Husband and wife, Kamina and Shaileshkumar Pandit, (“the Pandits”) were denied cancellation of removal for non–Lawful Permanent Residents because they could not meet the requisite “exceptional an extremely unusual hardship” standard and as a matter of discretion. The...

Submitted by Kathleen O'Donovan on May 24, 2016 - 5:00am

Ramos Lopez v. Lynch (5th Cir. May 24, 2016)

HAYNES, Reavley, Smith

Summary:Petitioner Sonia Ramos Lopez (“Ramos Lopez”) seeks review of the denial of her motion to reopen and her motion to reconsider. The denial of motion to reopen is reviewed for abuse of discretion. Although her motion to reopen was filed well outside the 90 day deadline the...

Submitted by Kathleen O'Donovan on May 23, 2016 - 12:00am

Guerra Carranza v. Lynch (1st Cir. May 23, 3016)

BARRON, Lynch, Stahl

Summary: Petitioner, Karla Guerra Carranza (“Guerra Carranza”), was initially granted asylum before the Immigration Judge. The Immigration Judge found that she had faced persecution in her native El Salvador and that she had a viable fear of future persecution...

Submitted by Kathleen O'Donovan on May 20, 2016 - 5:00am

Yang v. Lynch (9th Cir. May 20, 2016)

CHHABRIA, Friedland, dissent by Schroeder

Summary: “In a superseding opinion, the panel granted a petition for review of the Board of Immigration Appeals’ denial of a motion to reopen removal proceedings, concluding that the Board erred when it applied the maxim falsus in uno, falsus in omnibus—“false in one...

Submitted by Kathleen O'Donovan on May 19, 2016 - 5:00am

Ndibu v. Lynch (4th Cir. May 19, 2016)

TRAXLER, Thacker, Harris

Summary: Petitioner Henri Ndibu (“Ndibu”), a native of the Democratic Republic of Congo, petitions the review of his fraud wavier. Ndibu originally arrived to the United States in 2001 using a fake Canadian passport. In 2002, he married a United States Citizen. In 2003, he...

Submitted by Kathleen O'Donovan on May 18, 2016 - 5:00am

Del Cid Marroquin v. Lynch (9th Cir. May 18, 2016)

Clifton, Ikuta, Block (per curiam)

Summary: “The panel denied a petition for review of the Board of Immigration Appeals’ denial of protection under the Convention Against Torture to a citizen of El Salvador who fears torture due to his former gang affiliation and gang related tattoos.

The...

Submitted by Kathleen O'Donovan on May 12, 2016 - 5:00am

Perez Arceo v. Lynch (9th Cir. May 12, 2016)

GOULD, Noonan, Friedland

Summary: “The panel granted Antonio Perez-Arceo’s petition for review of the Board of Immigration Appeals’ decision finding him removable for participating in an attempt to smuggle his wife’s mother and sister-in-law into the United States. The panel held that the BIA erred in...

Submitted by Kathleen O'Donovan on May 11, 2016 - 5:00am

Monroy v. Lynch (9th Cir. May 11, 2016)

IKUTA, Canby, Leavy

Summary: “The panel granted the Attorney General’s motion to dismiss Fermin Leonardo Monroy’s petition for review of the Board of Immigration Appeals’ order denying, as a matter of discretion, his application for special rule cancellation of removal under the Nicaraguan Adjustment and...

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