Immigration Litigation Update

Submitted by on August 13, 2015 - 2:40pm

11th Circuit

Malu v. U.S. Att’y Gen. (11 Circuit, August 19, 2014)

PRYOR, Tjoflat, Scola (District Judge)


“This petition for review presents an issue about exhaustion of remedies that has divided our sister circuits: whether an alien must contest her status as an aggravated felon in an expedited removal proceeding before raising that...

Submitted by Hena Mansori on June 19, 2015 - 4:31pm

9th Circuit

United States v. Salgado Martinez (May 28, 2015)

RAWLINSON, Fletcher, Ebel

Summary: Salgado Martinez, a former LPR who was deported following a conviction for third degree child molestation under Wash. Rev. Code. § 9A44.089 and then re-entered without permission, filed a motion to dismiss § 1326 illegal re-entry...

Submitted by Kathleen O'Donovan on June 19, 2015 - 4:29pm
Submitted by Chuck Roth on June 19, 2015 - 4:28pm

5th Circuit

State of Texas v. USA (May 26, 2015)

SMITH, Elrod, Higginson

A group of states and state governors sued the Secretary of Homeland Security seeking to enjoin two new programs (DAPA and DACA II) which sought to channel the government’s prosecutorial discretion authority into granting deferred action, which makes people authorized for work...

Submitted by Kathleen O'Donovan on June 19, 2015 - 4:26pm

3d Circuit

Sesay v. Attorney General (May 26, 2015)

KRAUSE, Rendell, Smith

Summary: The Third Circuit concluded that there is no duress exemption for those seeking asylum who provided material support under duress to a terrorist group. 

As a child, petitioner Sesay was forced to provide support to the Revolutionary...

Submitted by Hena Mansori on June 19, 2015 - 4:22pm

9th Circuit

Mtoched v. Lynch (May 26, 2015)

Summary: The Northern Marianas Islands entered into a compact with the United States which makes people born in the CNMIcitizens, and for the future, applies U.S. immigration law.  The Petitioner isn’t a native of CNMI, but rather, of Palau.  He moved to CNMI, before it became part of...

Submitted by Hena Mansori on June 19, 2015 - 3:58pm

9th Circuit

Camacho Garcia v. Lynch (May 20, 2015)

Hawkins, Paez, Berzon (per curiam)

Summary: The Ninth Circuit granted this petition for review by a an LPR from the Philippines...

Submitted by Kathleen O'Donovan on June 19, 2015 - 3:57pm

8th Circuit

Salas-Caballero v. Lynch (May 20, 2015)

Loken, Smith, Colloton (per curiam)

Summary: Petitioner applied for cancellation of removal under 8 U.S.C. §1229b(b)(1). Jurisdiction to review cancellation denials is limited to constitutional claims and questions of law.  See 8 U.S.C. §§ 1252(a)(2)(B)(i); 1252(a)(2)(D). ...

Submitted by Kathleen O'Donovan on June 19, 2015 - 3:55pm

2d Circuit

Guaman-Yuqui v. Lynch (May 19, 2015)

Leval, Lynch, Lohier (per curiam)

Summary: Guaman-Yuqui entered the U.S. without inspection in January 2001.  He was served a notice to appear (“NTA”) on March 15, 2010; that NTA did not specify a time or date for his hearing. The Immigration Court mailed Guaman-Yuqui a notice of...

Submitted by Kathleen O'Donovan on June 19, 2015 - 3:52pm

5th Circuit

Kamara v. Lynch (May 18, 2015)

JONES, Barksdale, Prado

Summary: Petitioner claims derivative United States citizenship under former 8 U.S.C. § 1432(a)(3). The Fifth Circuit clarified its decision in Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. 2006), which requires “sole legal custody”...

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