Immigration Litigation Update

Submitted by on March 9, 2016 - 1:00am

Escobar Telles v. Lynch (1st Cir. March 9, 2016)

LYNCH, Lipez, Thompson

Summary: Petitioner, Victor Manolo Escobar Telles, seeks a review of his denied petition under the Convention Against Torture (“CAT”). Petitioner is a native and citizen of Guatemala who entered the United States in 1994 or 1995. He was convicted of several offenses, was ordered...

Submitted by on March 5, 2016 - 1:00am

Santos Quiroa v. Lynch (1st Cir. March 5, 2016)

THOMPSON, Lynch, Lipez

Summary: Petitioner Gilberto Santos-Quiroa, a native of Guatemala, entered the United States on July 9th, 1994. He was apprehended - and deportation proceedings began the following day he was served his Order to Show Cause (“OSC”) in person. Petitioner was released...

Submitted by Kathleen O'Donovan on February 26, 2016 - 1:00am

Yang v. Lynch (9 Cir. February 26, 2016)

CHHABRIA, Friedland, dissent by Schroeder

Summary: “The panel granted a petition for review of the denial of a motion to reopen removal proceedings, concluding that the Board of Immigration Appeals erred when it applied the maxim falsus in uno, falsus in omnibus—“false in one thing, false in...

Submitted by on February 25, 2016 - 1:00am

Ali v. Lynch (5th Cir. February, 25, 2016)

HIGGINSON, King, Stewart

Summary: Petitioner, Nadeem Ali a native and citizen of Pakistan, seeks review of his denied asylum application. Ali filed for asylum on the basis of political persecution for being a member of the People’s Party of Pakistan (“PPP”) and that he had been kidnapped and tortured by...

Submitted by on February 25, 2016 - 1:00am

Omar v. Lynch (1st Cir. February 25, 2016)

BARRON, Lynch, Stahl

Summary: Petitioner Sohiel Omar, a native and citizen of Pakistan, seeks the review of the Board of Immigration Appeal’s (“BIA”) denial of his second motion to reconsider his removal order. Omar was ordered removed more than a decade ago for a set of convictions that rendered him an...

Submitted by on February 24, 2016 - 1:00am

Chen v. Lynch (1st Cir. February 24, 2016)

THOMPSON, Lynch, Lipez

Summary: Petitioner, Jinan Chen a native and citizen of China, seeks judicial review of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Chen entered the United States without inspection, was detained...

Submitted by on February 23, 2016 - 1:00am

Aguinada Lopez v. Lynch (8th Cir. February 23, 2016)

BENTON, Murphy, Kelly

Summary: Petitioner, Remberto Aguinada-Lopez a citizen of El Salvador, is seeking relief from removal by asserting claims for asylum, withholding of removal, and withholding under the Convention Against Torture (“CAT”). Although Aguinada-Lopez’s cousin, Oscar, was a member...

Submitted by on February 22, 2016 - 1:00am

Oxygene v. Lynch (4th Cir. February 22, 2016)

MOTZ, King, Keenan

Summary: Petitioner, Wilmers Oxygene a native of Haiti, seeks for review of orders denying his application for deferral of removal under the Convention Against Torture (“CAT”) and subsequent motion to reopen his removal proceedings. Oxygene fled political violence in Haiti. He...

Submitted by on February 19, 2016 - 1:00am

Mervil v. Lynch (8th Cir. February 19, 2016)

Shepherd, Beam, Kelly (per curiam)

Summary: Petitioner Eliannaise Mervil, a citizen of Haiti and lawful permanent resident of the United States, was convicted of conspiracy to possess with intent to distribute and distribution of cocaine. Mervil conceded the charges and applied for relief under the...

Submitted by Kathleen O'Donovan on February 19, 2016 - 1:00am

Musa v. Lynch (7th Cir. February 19, 2016)

HAMILTON, Bauer, Posner

Summary: “Bathusi Musa, a citizen of Botswana, petitions for review of the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture, all based on her fear that her family will force her to undergo female genital mutilation (...

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