Immigration Litigation Update

Submitted by Catherine Matthews on November 12, 2014 - 2:30pm

6th Circuit

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...

Submitted by Hena Mansori on October 28, 2014 - 11:00pm

9th Circuit

Espino-Castillo v. Holder (9th Circuit, October 29, 2014)

SCHROEDER, Wallace, Fletcher

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s argument that his state fraud conviction was not a crime involving moral turpitude because Congress has exempted state fraud convictions from characterization...

Submitted by Catherine Matthews on October 26, 2014 - 11:00pm

9th Circuit

Padilla-Martinez v. Holder (9th Circuit, October 27, 2014)

GOULD, Smith, Duffy

Summary: The Ninth Circuit denied this petition for review, finding that Petitioner’s due process rights were not violated by BIA decisions that allowed the government multiple opportunities to prove his deportability under the modified categorical...

Submitted by Hena Mansori on October 23, 2014 - 11:00pm

9th Circuit

Hernandez de Martinez v. Holder (9th Circuit, October 24, 2014)

Nelson, Silverman, Smith (Per Curiam)

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s argument that her conviction for criminal impersonation in violation of Arizona Revised Statutes § 13-2006(A)(1) is not categorically a crime...

Submitted by Catherine Matthews on October 23, 2014 - 11:00pm

6th Circuit

Gonzalez-Garcia v. Holder (6th Cir. Oct. 24, 2014)

SUTTON, Stranch, Boggs

Summary: “The Immigration and Nationality Act makes some forms of relief available only to applicants who have been physically present in the United States for at least ten years. This ten-year clock stops ticking when the government serves the applicant...

Submitted by Hena Mansori on October 22, 2014 - 11:00pm

5th Circuit

Franco-Casasola v. Holder (5th Circuit, October 23, 2014)

SOUTHWICK, Owen, Graves (dissent)

Summary: The Fifth Circuit denied this petition for panel rehearing of a prior decision denying the petition for review, finding that Petitioner’s federal conviction under 18 U.S.C. § 554(a) qualified as an illicit firearm trafficking...

Submitted by Catherine Matthews on October 22, 2014 - 11:00pm

7th Circuit

Lopez-Esparza v. Holder (7th Cir. Oct. 23, 2014)

POSNER, Flaum, Sykes

Summary: The Seventh Circuit reversed the agency’s determination that the Petitioner had not demonstrated that he had been continuously present in the United States for 10 years in order to qualify for Non-LPR cancellation.  The Court observed that the...

Submitted by Catherine Matthews on October 21, 2014 - 11:00pm

1st Circuit

Panoto v. Holder (1st Cir., Oct. 22, 2014)

STAHL, Lynch, Barron

Summary:  The First Circuit reversed the BIA’s denial of Christian Indonesian petitioner’s request for asylum, holding that the Board had insufficiently explained why Petitioned failed to demonstrated past persecution...

Submitted by Hena Mansori on October 19, 2014 - 11:00pm

9th Circuit

United States v. Hernandez (9th Circuit, Oct. 20, 2014)

Pregerson, Tallman, Bea (Per Curiam)

Summary: The Ninth Circuit granted the appellant’s appeal of his § 1326(b)(2) sentence enhancement, holding that its recent decision in United States v. Aguilera-Rios, ---F.3d ----, No.  12-50597, holding in the...

Submitted by Hena Mansori on October 16, 2014 - 11:00pm

4th Circuit

Mohamed v. Holder (4th Circuit, October 17, 2014)

NIEMEYER, Traxler, Davis

Summary: The Fourth Circuit granted this petition for review, holding that the petitioner’s Virginia conviction is not a crime involving moral turpitude and that petitioner, an LPR from Sudan, was therefore not removable on CIMT grounds.   The...

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