National Immigrant Justice Center
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Immigration Litigation Update
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...
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...
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...
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...
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...
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),...
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 “...
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...
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,...
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...