Immigration Litigation Update

Submitted by Catherine Matthews on January 13, 2015 - 12:00am

8th Circuit

Cyprian Mayemba v. Holder (8th Cir. Jan. 13, 2015)

BYE, Shepherd, Kelly

Summary:“Cyprian Mayemba petitions for review of the decision of the Board ofImmigration Appeals ("BIA") finding him removable and inadmissible based on hisrepresentation of United States citizenship in a Form I-9 employment verificationform and the BIA's...

Submitted by Catherine Matthews on January 12, 2015 - 12:00am

4th Circuit

Kamleshwar Prasad v. Holder (4th Cir. Jan. 12, 2015)

HARRIS, Duncan, Agee

Summary:“Petitioner Kamleshwar Prasad (“Prasad”), a native and citizen of India who is unlawfully present in the United States, seeks to adjust his status to that of lawful permanent resident. Though persons unlawfully present in this country generally...

Submitted by Hena Mansori on January 12, 2015 - 12:00am

9th Circuit

United States v. Jimenez-Arzate (9th Cir., Jan. 12, 2015)

Kleinfeld, Wardlaw, Kenelly (by designation) (PER CURIAM)

Summary: The Ninth Circuit affirmed defendant Jimenez’s sentence for illegal reentry under 8 USC §1326, concluding that the defendant’s prior conviction for...

Submitted by Catherine Matthews on January 8, 2015 - 12:00am

2nd Circuit

Hasim Husic v. Holder (2nd Cir. Jan 8, 2015)

KATZMANN, Winter, Marrero

Summary: “Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under §212(h) of the Immigration and Nationality Act, 8 U.S.C. §1182(h), and denying his...

Submitted by Catherine Matthews on January 8, 2015 - 12:00am

8th Circuit

Liban N. Ali v. Holder  (8th Cir. Jan. 8, 2015)

SMITH, Murphy, Gruender

Summary: “Petitioner Liban Nor Ali applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).  The Immigration Judge (IJ) denied Ali’s applications.  Ali appealed to the Board of Immigration Appeals...

Submitted by Hena Mansori on January 2, 2015 - 12:00am

5th Circuit

United States v. Rodriguez-Rodriguez (5th Cir., Jan. 2, 2015)

PRADO, Elrod, Graves

Summary: Defendant Rodriguez-Rodriguez was convicted of illegal re-entry under 8 USC § 1326 and appealed his sentence, arguing (1) that the district court had erred in finding that he was subject to a sixteen-level enhancement for a “crime of...

Submitted by Catherine Matthews on December 30, 2014 - 12:00am

8th Circuit

United States v. Lorenzo-Lucas (8th Circuit, December 30, 2014)

BRIGHT, Loken, Kelly

Summary: “Appellant Lorenzo Pedro Lorenzo-Lucas (“Lorenzo-Lucas”) was convicted by jury of one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326(a). Over Lorenzo-Lucas’s...

Submitted by Hena Mansori on December 29, 2014 - 12:00am

5th Circuit

Cisneros-Guerrerro v. Holder (5th Cir. Dec. 29, 2014)

HIGGINSON, King, Graves

Summary: The Fifth Circuit granted this pro se petition for review, concluding that the petitioner’s Texas conviction for public lewdness was not categorically a crime involving...

Submitted by Catherine Matthews on December 24, 2014 - 12:00am

11th Circuit

Huang v. Holder (11th Circuit, Dec. 24, 2014)

ROSENBAUM, Wilson, Huck

Summary: “In this petition, the Board of Immigration Appeals affirmed the Immigration judge’s denial of Petitioner Min Yong Huang’s petition for asylum, withholding of removal, and relief under the United Nations Convention Against Torture, stating that it...

Submitted by Hena Mansori on December 23, 2014 - 12:00am

4th Circuit

Omargharib v. Holder (4th Cir. Dec. 23, 2014)

FLOYD, Niemeyer, Wynn

Summary: The Fourth Circuit granted this petition for review, concluding that the petitioner’s grand larceny conviction (resulting from his taking two pool cues following an argument with his opponent...

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