Immigration Litigation Update

Submitted by Kathleen O'Donovan on December 31, 2015 - 11:00pm

Estrada Martinez v. Lynch (7th Cir. December 31, 2015)

HAMILTON, Rovner, concurrence by Manion

Summary: “Petitioner Rufino Antonio Estrada-Martinez faces removal to Honduras, a country that he fled in 1994 after police there detained and tortured him. An immigration judge granted Estrada relief from removal, finding that he will more likely than...

Submitted by Kathleen O'Donovan on December 30, 2015 - 11:00pm

Correo Ruiz v. Lynch (9th Cir. December 30, 2015)

WATFORD, Berzon, Kozinski

Summary: “The panel granted David and Miguel Correo-Ruiz’s petition for review of the Board of Immigration Appeals’ decision finding the brothers ineligible for adjustment of status because they were inadmissible pursuant to 8 U.S.C. § 1182(a)(9)(C) under a retroactive...

Submitted by Kathleen O'Donovan on December 29, 2015 - 11:00pm

Thompson v. Lynch (1st Cir. December 29, 2015)

TORRUELLA, Howard, Lipez

Summary: “Petitioner Richard Marvin Thompson ("Thompson") is a lawful permanent resident who was convicted of a deportable offense. Thompson contends that he has derivative citizenship from his father's naturalization and therefore cannot be deported. Former section 321(a) of...

Submitted by Kathleen O'Donovan on December 23, 2015 - 11:00pm

Rodriguez Mercado v. Lynch (8th Cir. December 23, 2015)

LOKEN, Benton, Shepherd

Summary: Petitioner Sintia Rodriguez Mercado “Rodriguez Mercado”) seeks review of the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture. After being the victim of domestic violence at the...

Submitted by Kathleen O'Donovan on December 23, 2015 - 11:00pm

Mendoza Sanchez v. Lynch (7th Cir. December 23, 2015)

POSNER, Wood, Hamilton

Summary: Petition Martin Mendoza Sanchez (“Mendoza Sanchez”) petitions review of the denial of protection under the Convention Against Torture (“CAT”). Mendoza Sanchez fears that if he were to be removed to Mexico that the cartel La Linea would kill him and that the...

Submitted by Kathleen O'Donovan on December 22, 2015 - 11:00pm

Jang v. Lynch (9th Cir. December 22, 2015)

GRABER, Gould, Daniel

Summary: “The panel denied a petition for review of the Board of Immigration Appeals’ denial of asylum, under the firm resettlement doctrine, to a native of North Korea, who relocated to South Korea. The panel held that section 302 of the North Korean Human Rights Act of 2004, 22 U....

Submitted by Kathleen O'Donovan on December 21, 2015 - 11:00pm

Viloria v. Lynch (9th Cir. December 21, 2015)

BERZON, McLane, Owens

Summary: “The panel dismissed Sunny Calaogan Viloria’s petition for review of the Board of Immigration Appeals’ decision finding that he failed to establish derivative United States citizenship. The panel held that this court lacks jurisdiction to resolve Viloria’s citizenship...

Submitted by Kathleen O'Donovan on December 17, 2015 - 11:00pm

Rodriguez Molinero v. Lynch (7th Cir. December 17, 2015)

POSNER, Manion, Sykes

Summary: Petitioner Hair Rodriguez Molinero (“Rodriguez Molinero”), a native of Mexico, seeks review of the denial of his application for protection under the Convention Against Torture (“CAT”). Rodriguez Molinero was convicted of trafficking...

Submitted by Kathleen O'Donovan on December 17, 2015 - 11:00pm

Sanchez Robles v. Lynch (6th Cir.December 17, 2015)

GIBBONS, Siler, Rogers

Summary: Petitioner Fransicsa Sanchez Robles (“Sanchez Robles”) applied for withholding of removal before the Immigration Judge. She was also convicted of misdemeanor theft of property under $500. This crime falls within the petty offense exemption and her counsel did not...

Submitted by Kathleen O'Donovan on December 15, 2015 - 11:00pm

Mondaca Vega v. Holder (9th Cir. December 15, 2015)

En Banc

Summary: “The en banc court denied petitioner’s petition for review from the Board of Immigration Appeals’ decision finding him deportable, based on the en banc court’s affirmance of the district court’s determination following a bench trial pursuant to this court’s transfer under 8 U.S....

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