Immigration Litigation Update

Submitted by Chuck Roth on June 19, 2015 - 3:45pm

7th Circuit

Palma-Martinez v. Lynch (May 11, 2015)

MANION, Posner, Tinder

Summary: The Petitioner is an LPR who committed a turpitude offense too soon after obtaining LPR status to be eligible for LPR Cancellation of Removal.  Moreover, it appears that he didn’t have someone who could file a visa petition for him to allow him...

Submitted by Kathleen O'Donovan on June 19, 2015 - 3:43pm

9th Circuit

Torres-Valdivias v. Holder (May 08, 2015)

CLIFTON, Silverman, Watson (dist)

Summary: On rehearing,the panel amended its original opinion, but still denied the petition. The Board (thanks to the Attorney General decision in Matter of Jean, 23 I. & N. Dec. 373 (A.G. 2002), applies a heightened standard that...

Submitted by on May 8, 2015 - 10:51am

7th Circuit

Nadmid v. Holder (April 21, 2015)

WILLIAMS, Bauer, Manion

Summary: “Gonchigsharav Nadmid, a Mongolian businessman, petitions for review of the denial of his application for asylum and withholding from removal based on (1) his political opinion denouncing two prominent and corrupt politicians by name at a public rally and...

Submitted by on May 8, 2015 - 10:49am

4th Circuit

LeBlanc v. Holder ( April 21, 2014)

SHEDD, Duncan, Agree

Summary: “Ashton LeBlanc petitions for review of the denial of his motion to reopen the denial of an I-130 petition filed on behalf of his son, Robert. Because we lack jurisdiction over Ashton’s petition, and because transfer to an appropriate district court is not...

Submitted by on May 8, 2015 - 10:48am

9th Circuit

Melendarez v. Apario (April 15, 2015)

WALLACE, Graber, Berzon

Summary: “The panel affirmed in part and vacated in part the district court’s permanent injunction and remanded in an action against Sheriff Joseph M. Arpaio and the Maricopa County Sheriff’s Office alleging that defendants have a custom, policy and practice...

Submitted by on May 8, 2015 - 10:45am

8th Circuit

Chavero Linares v. Timothy Smith et al (April 13, 2015)

BENTON, Beam, Bye

Summary: “Vanessa Chavero-Linares, an immigration detainee, sued county and federal officials after another inmate hit her with a plastic chair. The district court dismissed the federal defendants under Federal Rule of Civil Procedure 12(b)(6),...

Submitted by on May 8, 2015 - 10:44am

3d Circuit

Shalom Pentecostal Church v. Secretary United States Department (April 07, 2015)

KRAUSE, Rendell, Greenway Jr.

Summary: “The Immigration and Nationality Act (INA) enables an immigrant to obtain a visa as a “special immigrant religious worker” if the immigrant meets certain statutory criteria, including that he has been “...

Submitted by on May 8, 2015 - 10:43am

9th Circuit

USA v. Sahagun-Gallego (April 10, 2015)

CHRISTEN, Noonan, Fletcher

Summary: “The panel vacated a sentence and remanded for resentencing in a case in which the defendant pleaded guilty to illegal re-entry in violation of 8 U.S.C. § 1326.

As agreed by the parties, the panel held that remand is required because, in...

Submitted by on May 8, 2015 - 10:36am

8th Circuit

Martinez Galarza v. Holder (April 09, 2015)

BEAM, Bye, Benton

Summary: “Santiago Martinez-Galarza, a citizen and native of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Martinez-Galarza's application for asylum, withholding of removal,...

Submitted by on May 8, 2015 - 10:35am

2d Circuit

Lugo v. Holder (April 09, 2015)

CALABRESI, Parker, Livingston

Summary: “Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction for...

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