Immigration Litigation Update

Submitted by Mark Fleming on May 10, 2012 - 12:00am

6th Circuit

Guzman v. DHS (6th Circuit, May 10, 2012)

MARTIN, Sutton, Kethledge

Summary: “’Plaintiff was born on December 13, 1946 in Mexico. His mother, Florez Guadalupe Sequeda, was a United States citizen born on February 22, 1930; his father was a Mexican national. His mother came from a migrant family that...

Submitted by Mark Fleming on May 9, 2012 - 12:00am

5th Circuit

United States v. Naji Amer (5th Circuit, May 9, 2012)

HIGGINSON, Jones, Owen

Summary:  The Fifth Circuit joined the Seventh and Tenth circuits in holding that Padilla v. Kentucky, 130 S. Ct. 1473 (2010) does not apply retroactively to convictions that became final before Padilla was...

Submitted by Mark Fleming on May 8, 2012 - 12:00am

10th Circuit

Shepherd v. Holder (10th Circuit, May 8, 2012)

MATHESON, Hartz, O’Brien

Summary: “This case is about the government’s repeated efforts to remove Kairi Abha Shepherd from the United States on the ground she is a criminal alien. In the initial removal proceeding, the government did not effectively contest...

Submitted by Mark Fleming on May 7, 2012 - 12:00am

8th Circuit

Camarillo-Jose v. Holder (8th Circuit, May 7, 2012)

SMITH, Riley, Wollman

Summary:  The Eighth Circuit affirmed the BIA’s denial of a motion to reopen.  The agency had denied petitioner’s claim to Non-LPR cancellation holding that he had not demonstrated “exceptional and extremely unusual...

Submitted by Mark Fleming on May 7, 2012 - 12:00am

6th Circuit

Zundel v. Holder (6th Circuit, May 7, 2012)

ROGERS, Siler, Clay

Summary: “Ernst Zundel, a German citizen, and his wife, Ingrid Zundel, a United States citizen, appeal the district court’s dismissal of their claims stemming from Mr. Zundel’s deportation in 2003. Mr. Zundel entered the United States in March...

Submitted by Mark Fleming on May 3, 2012 - 12:00am

9th Circuit

Oyeniran v. Holder (9th Circuit, May 3, 2012)

BREWSTER, McKeown, Smith Jr.

Summary:  The Ninth Circuit granted Respondent’s motion to slightly amend the panel’s decision and stated it would not accept...

Submitted by Mark Fleming on May 3, 2012 - 12:00am

9th Circuit

Oshodi v. Holder (9th Circuit, May 3, 2012)

Kozinski (en banc rehearing order)

Summary: Rehearing en banc granted.  Read the summary of the panel’s decision...

Submitted by Mark Fleming on May 2, 2012 - 12:00am

1st Circuit

Cheung v. Holder (1st Circuit, May 2, 2012)

THOMPSON, Souter (justice), Boudin

Summary:  The First Circuit affirms the agency’s determination that petitioner had not established 10-years continuous physical presence to be eligible for Non-LPR Cancellation.  Petitioner lawfully entered the United...

Submitted by Mark Fleming on May 2, 2012 - 12:00am

8th Circuit

Popescu-Mateffy v. Holder (8th Circuit, May 2, 2012)

Wollman, Arnold, Smith (per curiam)

Summary: Petitioner entered the United States in 2005 and married a U.S. citizen in February 2007. In April 2007, petitioner was arrested for diving under the influence, in which the officer found a marijuana pipe and...

Submitted by Mark Fleming on May 2, 2012 - 12:00am

6th Circuit

Tatiana Johns v. Holder (6th Circuit, May 2, 2012)

SUTTON, Martin, Kethledge

Summary:  The Court held that it lacked jurisdiction to review the agency’s discretionary determination that petitioner did not merit a “hardship waiver” under 8 U.S.C. § 1186a because she did not enter into her marriage to a...

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