National Immigrant Justice Center
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Immigration Litigation Update
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...
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...
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...
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...
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...
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...
Uwineza v. Holder (6th Cir. Jan 21, 2015) (originally unpublished)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...
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...
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...
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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