National Immigrant Justice Center
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Immigration Litigation Update
Darinchuluun v. Lynch (7th Cir. October 8, 2015)
RIPPLE, Williams, Sykes
Summary: Petitioner Bayanmunkh Darinchuluun (“Darinchuluun”), a native of Mongolia, seeks review the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and the denial of his motion to reopen and remand. Darinchuluun entered...
Chavez-Solis v. Lynch (9th Cir. October 6, 2015)
BYBEE, Bea, Fisher
Summary: The Ninth Circuit granted this petition for review, concluding that petitioner Oscar Chavez-Solis’s conviction for possessing child pornography under California Penal Code §311.11(a) is categorically overbroad and thus not an aggravated felony...
5th Circuit (DR)
Flores Esquivel v. Lynch (5th Cir. October 1, 2015)
JOLLY, Higginbotham, Owen
Summary: The Fifth Circuit granted this petition for review, concluding that the “personal use” exception for marijuana under 30 grams in 8 U.S.C. § 1227(a)(2)(B)(i) does not include an additional requirement that the offense also be...
Wang v. Lynch (July 31, 2015)
LYNCH, Torruella, Howard
Summary: “Rei Feng Wang, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (BIA) denying as untimely, by approximately fifteen years, his motion to reopen his earlier removal proceedings on the purported basis of...
Paiz-Morales v. Lynch (July 29, 2015)
THOMPSON, Barron, Howard
Summary: Elmer Humberto Paiz-Morales (“Paiz-Morales”), a native of Guatemala, applied for asylum, and withholding of removal in 1998. Later that year he was served with a notice to appear, he did not go to his court date and was removed in absentia. ...
Mboowa v. Lynch (July 21, 2015)
HOWARD, Lynch, Thompson
Summary: Petition Henry Mboowa (“Moowba”) seeks review of the denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). During Mwoob’s testimony the Immigration Judge found inconsistencies between his...
Nanic v. Lynch (July 20, 2015)
COLLOTON, Wollman, Benton
Summary: Petitioners Hazret and his wife, Jasminka Nanic appeal the denial of Hazret Nanic’s (“Nanic”) petition for asylum, and withholding of removal. Jasminka was a derivative on Nanic’s application. Nanic is a native of the former Yogosalvia, and is a citizen of both...
Paek v. Attorney General (July 20, 2015) (CV quick mention)
RENDELL, Hardiman, Vanaskie
Summary: Petition Ka A. Paek (“Paek”) argues that someone who has been admitted to the United States as a conditional lawful permanent resident (“LPR”) is not admitted as an LPR for purposes of a 212(h) waiver. After being admitted as a...
Giri v. Lynch (July 17, 2015)
WILLIAMS, Wood, Tinder
Summary: Petitioner Parashu Giri (“Giri”) appeals to the Seventh Circuit because the Immigration Judge denied him a continuance during his removal proceedings. After filing an I-751 to remove the conditions on his green card for the second time (Giri and his wife did not...
Vang v. Lynch (July 17, 2015)
TORRUELLA, Thompson, Barron
Summary: Petitioner Yao Pao Vang (“Vang”) is a native of Laos and seeks review of the denial of his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Ten years after the petitioner entered the United States as a...