Immigration Litigation Update

Submitted by Catherine Matthews on August 19, 2014 - 12:00am

2d Circuit

Doe v. Holder (2d Circuit, August 19, 2014)

PARKER, Livingston, Droney

Summary: Petitioner John Doe, a native and citizen of Ghana, sought review of the Board of Immigration Appeals’ denial of his claim to protection from removal under the Convention Against Transnational Organized Crime (CATOC). Doe argued he was entitled to...

Submitted by Catherine Matthews on August 19, 2014 - 12:00am

10th Circuit

Molina, et al, v. Holder (10th Circuit, August 19, 2014)

BACHARACH, Hartz, McKay

Summary:“A husband and wife, Mr. Alberto Martinez Molina and Ms. Cristina Ramirez Rivera, are Mexican citizens subject to final orders of removal from the United States. After an immigration judge declined to cancel their removal orders, Mr....

Submitted by Catherine Matthews on August 18, 2014 - 12:00am

9th Circuit

Brown v. Holder (9th Cir. August 18, 2014)

CLIFTON, Benavides (by designation), Tallman (concurrence)

Summary: “The panel denied for lack of jurisdiction Mark Brown’s challenge to the Board of Immigration Appeals’ removal order, but transferred his claim that he is a United States citizen to the district court for evidentiary...

Submitted by Hena Mansori on August 18, 2014 - 12:00am

3d Circuit         

Syblis v. Holder (3d Circuit, August 18, 2014)

FISHER, Jordan, Scirica

Summary:The Third Circuit rejected Petitioner’s argument that he was eligible for adjustment of status with a § 212(h) waiver despite one conviction for drug paraphernalia and one for possession of marijuana.  It...

Submitted by Catherine Matthews on August 15, 2014 - 12:00am

8th Circuit

Nunez-Portillo v. Holder (8th Cir. August 15, 2014)

KELLY, Riley, Benton

Summary: Nunez-Portillo petitioned for review of the denial of his application for non-LPR cancellation of removal. Nunez-Portillo argued that the BIA “erred as a matter of law in evaluating his claim and, in doing so, violated his right to due process...

Submitted by Hena Mansori on August 14, 2014 - 12:00am

9th Circuit        

Nguyen v. Holder (9th Circuit, August 14, 2014)

PREGERSON, McLane Wardlaw, Tallman (partial concurrence, partial dissent)

Summary:The court denied in part and granted in part Nguyen’s petition for review.  It affirmed the BIA’s conclusion that Petitioner’s conviction for misuse of a passport to...

Submitted by Catherine Matthews on August 13, 2014 - 12:00am

2d Circuit

Niang v. Holder (2d Cir. Aug. 13, 2014)

Sack, Hall, Livingston (per curiam)

Summary: It was undisputed that the Petitioner knowingly filed a fraudulent asylum application, claiming to be from the Ivory Coast when he was in fact from Senegal. He eventually admitted the lies. He contended that the IJ never gave him oral warnings...

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

2d Circuit        

Dawkins v. Holder (2d Circuit, August 12, 2014)

Parker, Hall, Livingston (per curiam)

Summary:The court rejected Petitioner’s argument that her Connecticut larceny offense, for which she received a suspended sentence of three years’ imprisonment, increased due to recidivist enhancements, was not an...

Submitted by Catherine Matthews on August 11, 2014 - 12:00am

1st Circuit

Shul-Navarro v. Holder (1st Cir. August 11, 2014)

BARRON, Howard, Thompson

Summary:“Petitioner Juan Carlos Shul-Navarro, a native and citizen of El Salvador, seeks review of a Board of Immigration Appeals decision that dismissed his appeal from an Immigration Judge's order that would remove him from the United States. The key...

Submitted by Catherine Matthews on August 8, 2014 - 12:00am

1st Circuit

Aldana-Ramos, et al, v. Holder (1st Circuit, August 8, 2014) (amended from June 27, 2014)

LYNCH, Torruella, Thompson

Summary:“Petitioners Elvis Leonel Aldana Ramos ("Elvis") and Robin Obdulio Aldana Ramos ("Robin") seek review of an order of the Board of Immigration Appeals ("BIA") denying their applications for asylum,...

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