Immigration Litigation Update

Submitted by on April 20, 2015 - 11:51am

9th Circuit

Marquez Carrillo v. Holder (9th Cir. March 31, 2015)

FERNANDEZ, Pregerson, Nguyen

Summary: “The panel denied Jose Luis Marquez Carrillo’s petition for review from the Board of Immigration Appeals’ order removing him due to his conviction for a crime of domestic violence.

The panel held that the BIA correctly found that a...

Submitted by on April 20, 2015 - 11:50am

9th Circuit

United States v. Jimenez Arzate (9th Cir. Amended March 30, 2015)

Kleinfeld, McLane Wardlaw, Kennelly (Per Curiam)

Summary: “The panel amended an opinion, filed January 12, 2015, affirming a sentence for illegal reentry after deportation; denied a petition for panel rehearing; and denied on behalf of the court a petition for...

Submitted by on April 20, 2015 - 11:49am

9th Circuit

Maldonado v. Holder (9th Cir. March 27, 2015)

En Banc (7-4)

Summary: “The en banc court overruled Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004), Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008), Singh v. Gonzales, 439 F.3d 1100 (9th Cir. 2006), and Perez-Ramirez v. Holder, 648 F.3d...

Submitted by on April 20, 2015 - 11:48am

7th Circuit

He v. Holder (7th Cir. March 27, 2015)

HAMILTON, Posner, Sykes

Summary: “Shaohua He, a citizen of China, petitions for review from the denial of his motion to recon-sider the denial of his application for asylum and withholding of removal based on his fear of future persecution because he is a practicing Christian. His petition...

Submitted by on April 20, 2015 - 11:47am

3d Circuit 

Gonzalez Posadas v. Attorney General (3d Cir. March 26, 2015)

JORDAN, Chagares, Vanaskie

Summary: “Hernan Gonzalez-Posadas petitions for review of an order of the Board of Immigration Appeals (“the Board”). Specifically, he argues that the Board erred in affirming an Immigration Judge’s conclusions that he did not suffer...

Submitted by Hena Mansori on April 20, 2015 - 11:46am

10th Circuit

Olmos v. Holder (10th Cir. Mar. 24, 2015)

BACHARACH, Briscoe, Holmes

Summary: “Mr. Manuel Olmos (a citizen of Mexico) was convicted in state court on charges involving identity theft, providing false information to a pawnbroker, and forgery of a government document. Mr. Olmos obtained probation, but was taken into federal...

Submitted by on April 20, 2015 - 11:44am

6th Circuit

Uwineza v. Holder (6th Cir. Jan 21, 2015) (originally unpublished)

Gibbons, Stranch, Reeves (PER CURIAM)

Summary: “Angelique Uwineza, a citizen of Rwanda, petitions through counsel for review of an order of the Board of Immigration Appeals (BIA) denying her motion to reopen her removal proceeding.”

After her original...

Submitted by on April 20, 2015 - 11:43am

9th Circuit

United States v. Marcia-Acosta (9th Circuit, March 23, 2015)

BERZON, Fisher, Christen

Summary:The Court granted this petition for review, agreeing with appellant Marcia-Acosta that the district court had erred in enhancing his § 1326 sentence after concluding that his prior Arizona aggravated assault conviction was a...

Submitted by on April 20, 2015 - 11:41am

7th Circuit

Bouras v. Holder (7th Cir. March 13, 2015)

HAMILTON, Sykes, Posner (dissent)

Summary:  “Petitioner Mohamed Bouras, a citizen of Algeria, was granted status as a conditional permanent resident based on his marriage to a U.S. citizen. That marriage ended by divorce before Bouras had obtained un-conditional permanent...

Submitted by on April 20, 2015 - 11:40am

DC Circuit 

Xie v. Kerry (DC Cir. March 10, 2015)

WILLIAMS, Henderson, Millett

Summary: “Meina Xie alleges that the Department of State is illegally delaying review of visa applications filed by persons in certain immigration categories. The district court dismissed the complaint, finding that Xie had failed “to identify any ...

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