National Immigrant Justice Center
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Immigration Litigation Update
Barrios-Cantarero v. Holder (5th Circuit, November 25, 2014)
Stewart, Jones, Higginson (Per Curiam)
Summary: The Fifth Circuit held that the BIA abused it discretion in denying Petitioner’s Motion to reopen his in absentia removal order due to a lack of proper notice. The Court...
Dakura v. Holder (4th Circuit, November 24, 2014)
KING, Motz, Keenan
Summary: “Raymond Dakura, a native of Ghana in West Africa, petitions for review of the September 13, 2013 decision of the Board of Immigration Appeals affirming the denial...
Vargas Cervantes v. Holder (9th Circuit, November 19, 2014)
BYBEE, Schroeder, Graber
Summary:The Ninth Circuit granted this petition for review for an LPR charged with two CIMTs, concluding that the BIA had erred in looking to evidence outside the record of conviction to find that Petitioner’s conviction under California Penal...
Jaghoori v. Holder (4th Circuit, November 18, 2014)
THACKER, Duncan, Niemeyer (dissent)
Summary: “An alien who wishes to apply for cancellation of removal must show, among other things, that he has continuously resided in the United States for...
Chavez-Castillo v. Holder (8th Circuit, November 17, 2014)
MURPHY, Smith, Gruender
Summary: The Eighth Circuit affirmed the agency denial of Petitioner’s motion to suppress. The Court agreed that Petitioner’s traffic stop for speeding and driving without a license, as demonstrated by the arresting officers affidavit...
Mulyani v. Holder (4th Circuit, November 14, 2014)
THACKER, Niemeyer, Duncan
Summary: The Fourth Circuit denied Yani Mulyani’s petition for review of the denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Court held that it lacked jurisdiction to review...
Lin v. Holder (4th Circuit, November 14, 2014)
DUNCAN, Agee, Diaz
Summary: “Petitioner Wanrong Lin seeks judicial review of an order of the Board of Immigration Appeals (“BIA” or “Board”) denying his second motion to reopen removal proceedings. Lin contends that the BIA abused its discretion in evaluating the evidence he...
Singh v. Holder (9th Circuit, November 13, 2014)
FISHER, Berzon, Christen
Summary:“Declining to afford deference to the Board of Immigration Appeals’ published decision in Matter of Yauri, 25 I. & N. Dec. 103 (BIA 2009), the panel granted a petition for review of the denial of a motion to reopen, and held that the...
Suarez-Diaz v. Holder (6th Circuit, April 30, 2014* previously not selected for publication)
DONALD, Daughtrey, McKeague
Summary:The Sixth Circuit denied Suarez-Diaz’s petition for review of the Board of Immigration Appeals’ (BIA) dismissal of his appeal of the Immigration Judge’s (IJ) order of removal. In its review, the Court...
Almanza-Arenas v. Holder (9th Circuit, November 10, 2014)
PREGERSON, Fisher, Gwin
Summary:The Ninth Circuit granted this petition for review, holding that Petitioner’s conviction was not categorically a crime involving moral turpitude and that the BIA had erred in applying the modified categorical approach. The court also...
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