Immigration Litigation Update

Submitted by Catherine Matthews on August 29, 2014 - 12:00am

6th Circuit

Ruiz-del-Cid v. Holder (6th Circuit, August 29, 2014)

STRANCH, Daughtrey, Clay (dissent)

Summary:The Sixth Circuit granted and remanded a petition for review of the denial of an application for cancellation of removal due to a finding that the applicant was barred from demonstrating the requisite “good moral character” for...

Submitted by Catherine Matthews on August 28, 2014 - 12:00am

8th Circuit

Lee v. Holder (8th Circuit, August 28, 2014)

SHEPHERD, Colloton, Kelly

Summary:Lee filed petitions for review of the Board of Immigration Appeals’ (BIA) denials of her motion to remand and subsequent motion to reopen her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT)....

Submitted by Catherine Matthews on August 26, 2014 - 12:00am

9th Circuit

Singh v. Holder (9th Circuit, August 26, 2014)

REINHARDT, Thomas, George (by designation, partial concurrence, partial dissent)

Summary: Singh petitioned for review of the denial of his application for asylum and withholding of removal based on an imputed political opinion. While found to be credible, the Immigration Judge (IJ...

Submitted by Catherine Matthews on August 25, 2014 - 12:00am

9th Circuit

Lai v. Holder (9th Circuit, August 25, 2014)

FISHER, Wardlaw, Dawson (by designation)

Summary:This petition for review follows the Board of Immigration Appeals’ denial of Lai’s appeal of the denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) based on his...

Submitted by Catherine Matthews on August 25, 2014 - 12:00am

8th Circuit

Hernandez-Garcia v. Holder (8th Circuit, August 25, 2014)

LOKEN, Murphy, Perry (by designation)

Summary:Hernandez-Garcia petitioned for review of the denial of his application for cancellation of removal for certain nonpermanent residents, under 8 U.S.C. § 1229b(b). His application was denied by the Immigration Judge (IJ) on...

Submitted by Hena Mansori on August 22, 2014 - 12:00am

9th Circuit        

Rendon v. Holder (9th Circuit, August 22, 2014)

REINHARDT, Fisher, Murguia

Summary: The Ninth Circuit granted this petition for review, holding that second-degree burglary under California Penal Code § 459 is not a categorical match to the federal generic attempted theft offense and moreover that CPC...

Submitted by Catherine Matthews on August 22, 2014 - 12:00am

8th Circuit

Antonio-Fuentes v. Holder (8th Circuit, August 22, 2014)

COLLOTON, Smith, Gruender

Summary:Fuentes filed a petition for review of the denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied Fuentes’ asylum application as untimely...

Submitted by Catherine Matthews on August 22, 2014 - 12:00am

8th Circuit

Limbeya v. Holder (8th Circuit, August 22, 2014)

KELLY, Riley, Benton

Summary: Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), filed a petition for review of the denial of his application for asylum based on a finding of a frivolous filing. The Court agreed with the Board of Immigration Appeals (BIA) that...

Submitted by Hena Mansori on August 20, 2014 - 12:00am

2d Circuit

Torres v. Holder (2d Circuit, August 20, 2014)

SACK, Raggi, Chin

Summary:The Second Circuit rejected Petitioner’s argument that his New York conviction for attempted arson in the third degree was not an aggravated felony as an “offense described in” 18 USC § 844(i) because it did not have the federal jurisdictional element...

Submitted by Catherine Matthews on August 19, 2014 - 12:00am

2d Circuit

Lin v. Holder (2d Circuit, August 19, 2014)

CALABRESI, Jacobs, Pooler

Summary: Weinong Lin’s petition for review “concerns whether political activity first undertaken in the United States amounts to “changed circumstances” for purposes of the asylum provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1158.” Lin...

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