Immigration Litigation Update

Submitted by on February 5, 2015 - 1:00am

9th Circuit

United States v. Alejandro Burgos-Ortega (9th Cir. Feb 5, 2015)

CALLAHAN, Graber, Gould

Summary: “The panel affirmed a sentence for illegal re-entry in a case in which the district court applied a 12-level increase...

Submitted by on February 4, 2015 - 1:00am

9th Circuit

Javier Martinez-Hernandez v. Holder (9th Cir. Feb. 4, 2015)

Melloy, Bybee, Ikuta (Per Curiam)

Summary:  “The panel denied Javier Martinez-Hernandez’s petition for review from the Board of Immigration Appeals’...

Submitted by on January 29, 2015 - 1:00am

8th Circuit

Jose F. Guerrero Tejado v. Holder (8th Cir. Jan 29, 2015)

Murphy, Smith, Gruender (Per Curiam)

Summary:“Jose Guerrero Tejado ("Guerrero") seeks review of a final order from the Board of Immigration Appeals (BIA) affirming an Immigration Judge's (IJ) denial of his applications for cancellation of removal and asylum. We find that...

Submitted by on January 27, 2015 - 1:00am

4th Circuit

Faustin Mukadi Ilunga v. Holder (4th Cir. Jan 27, 2015)

GREGORY, Floyd, Thacker

Summary: “Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum...

Submitted by on January 26, 2015 - 1:00am

2nd Circuit

Aleksandr Pan v. Holder (2nd Cir. Jan 26, 2015)

WALKER, Wesley, Livingston

Summary: “Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant...

Submitted by on January 23, 2015 - 1:00am

10th Circuit

Gustavo Mena-Flores v. Holder (10th Cir. Jan 23, 2015)

BACHARACH, Holmes, McHugh

Summary: “The Department of Homeland Security initiated proceedings to remove Mr. Gustavo Mena Flores from the United States on the ground that he was in the country illegally. Mr. Mena Flores conceded removability, but applied to adjust his...

Submitted by Hena Mansori on January 22, 2015 - 1:00am

4th Circuit

Espinal-Andrades v. Holder (4th Cir., Jan. 22, 2015)

WYNN, Shedd, Agee

Summary:The Second Circuit denied this petition for review, concluding that petitioner’s Maryland conviction for first degree arson is an aggravated felony under INA § 101(a)(43)(E), as “an offense described in” 18 USC §844(i), the federal arson statute....

Submitted by on January 20, 2015 - 1:00am

1st Circuit

Meng Hua Wang v. Holder (1st Cir. Jan 20, 2015)

SELYA, Torruella, Howard

Summary:  “Petitioner Meng Hua Wan, a Chinese national, seeks judicial review of an order of the Board of Immigration Appeals (BIA) affirming a decision of an immigration judge (IJ) refusing to reopen removal proceedings after the petitioner was...

Submitted by on January 15, 2015 - 1:00am

8th Circuit

Bin Jing Chen v. Holder (8th Cir. Jan 15, 2015)

MURPHY, Melloy, Benton

Summary: “Petitioner Bin Jing Chen, a native and citizen of China, applied for asylum in this country, withholding of removal, protection under the Convention Against Torture (CAT), and cancellation of removal. The Immigration Judge (IJ) denied the requested...

Submitted by Diana Tafur on January 14, 2015 - 10:42pm

7th Circuit

Sebastian Duarte-Salagosa v. Holder (7th Circuit, December 30, 2014)

MANION, Easterbook, Manion, and Sykes

Summary:

Sebastian Duarte-Salagosa sought review of the Board of Immigration Appeals (BIA) affirmation of the Immigration Judge’s (IJ) denial of his asylum, withholding of removal, and protection...

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