Immigration Litigation Update

Submitted by Kathleen O'Donovan on December 11, 2015 - 11:00pm

Nije v. Lynch (8 Cir. December 11, 2015)

WOLLMAN, Colloton, Kelly

Summary: Petitioner Marereh Njie (“Njie”) and her husband, Alieu Sireh Jallow (“Jallow”), seek review of the denial of their motion to remand and the denial of their inadmissibility waiver. Njie, a native of the Gambia, entered the United States and married a U.S. citizen and then...

Submitted by Kathleen O'Donovan on December 8, 2015 - 11:00pm

Torres Balderas v. Lynch (8th Cir. December 8, 2015)

MELLOY, Murphy, Smith

Summary: Petitioner Ivan Torres Balderas (“Torres Balderas”) seeks review of the denial of his application for cancellation of removal. By relying on Torres Balderas’s application and testimony the Immigration Judge determined that he has be absent from the United States...

Submitted by Kathleen O'Donovan on December 2, 2015 - 11:00pm

Diop v. Lynch (4th Cir. December 2, 2015)

WILKINSON, Keenan, Thacker

Summary: Petitioner Madiagne Diop (“Diop”) seeks review of the denial of a continuance in order to receive a mental health evaluation. Diop came to the United States from Senegal on a visitor’s visa in 1997 and overstayed. After a violent episode at his workplace in 2012 Diop...

Submitted by Kathleen O'Donovan on December 1, 2015 - 11:00pm

Flores Rios v. Lynch (9th Cir. December 1, 2015)

McKEOWN, Thomas, Hawkins

Summary: “Concluding that the Board of Immigration Appeals erred by failing to consider petitioner’s claim for withholding of removal based on his family’s opposition to a Guatemalan gang, the panel denied in part and granted in part the petition for review, and remanded...

Submitted by Kathleen O'Donovan on November 25, 2015 - 11:00pm

Garcia Aguilar v. Lynch (1st Cir. November 25, 2015)

HOWARD, Lipez, Souter

Summary: Petitioner Maria Garcia Aguilar (“Garcia Aguilar”) seeks review of the denial of her Motion to Suppress her Mexican birth certificate which was obtained by Immigration Customs Enforcement (“ICE”). After a workplace raid in 2007, Garcia Aguilar was detained by ICE...

Submitted by Kathleen O'Donovan on November 25, 2015 - 11:00pm

Ortega Oliva v. Lynch (4th Cir. November 25, 2015)

WYNN, Diaz, Davis

Summary: “Vladimir Ernesto Ortega Oliva, a native and citizen of El Salvador, sought asylum and withholding of removal under the Immigration and Nationality Act (“INA”). The Board of Immigration Appeals (“BIA”) denied his petition, affirming the immigration...

Submitted by Hena Mansori on November 20, 2015 - 11:00pm

Hernandez Zavala v. Lynch (4th Cir. November 20, 2015)

DUNCAN, Floyd, Hamilton

Summary: The Fourth Circuit denied this petition for review, agreeing with the agency below that petitioner Hernan Hernandez-Zavala’s misdemeanor  conviction for assault with a deadly weapon in violation of N.C. Gen. Stat. § 14-33(c)(1) was a crime of domestic...

Submitted by Kathleen O'Donovan on November 20, 2015 - 11:00pm

Mejia Ramirez v. Lynch (1st Cir. November 20, 2015)

SELYA, Torruella, Lynch

Summary: Petitioner JoseMejia Ramirez (“Mejia Ramirez”), a native of Guatemala, seeks review of the denial of his motion to reopen before the Board of Immigration Appeals. After his application for withholding of removal and protection under the Convention Against Torture...

Submitted by Hena Mansori on November 19, 2015 - 11:00pm

Cespedes v. Lynch (10th Cir. November 19, 2015)

HARTZ, O’Brien, Phillips

Summary:The Tenth Circuit denied his petition for review, finding that Petitioner Jose Ramon Cespedes’s violation of an order prohibiting contact with a potential victim satisfied 8 U.S.C. § 1227(a)(2)(E)(ii).  After he was charged in Utah state court with domestic...

Submitted by Hena Mansori on November 19, 2015 - 11:00pm

United States v. Garcia-Jimenez (9th Cir. November 19, 2015)

BERZON, Fletcher, Bea

Summary:The panel vacated defendant-appellant Alberto Garcia-Jimenez’s § 1326 illegal re-entry sentencing, agreeing with Garcia-Jimenez that the district court had erred in finding that his New Jersey aggravated assault conviction was a crime of violence and...

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