National Immigrant Justice Center
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Immigration Litigation Update
Omargharib v. Holder (4th Cir. Dec. 23, 2014)
FLOYD, Niemeyer, Wynn
Summary: The Fourth Circuit granted this petition for review, concluding that the petitioner’s grand larceny conviction (resulting from his taking two pool cues following an argument with his opponent...
Kurapati v. USCIS (11th Circuit, Dec. 22, 2014)
Wilson, William Pryor, Rosenbaum (per curiam)
Summary: Panel rehearing granted for the Government but the Court affirmed its previous holding in amending its Sept. 22, 2014 decision.
Cano-Oyarzabal v. Holder (7th Cir. Dec. 22, 2014)
WILLIAMS, Easterbrook, Tinder
Summary: The court denied this petition for review, finding reasonable the Board’s conclusion that fleeing/eluding an officer under Wisconsin Statute § 346.04(3) is a crime involving...
Camacho Perez v. USCIS (11th Circuit, Dec. 19, 2014)
Marcus, William Pryor, Fay (per curiam)
Summary: “Aaron Camacho Perez appeals the dismissal of his complaint, challenging a determination of the United States Citizenship and Immigration Services (“USCIS”) that he was statutorily ineligible to adjust status under the Cuban...
Abdisalan v. Holder (9th Cir. Dec. 15, 2014)
WARDLAW (11-0) (en banc)
Summary: Overruling Li v. Holder, 656 F.3d 898 (9th Cir. 2011), as well as Annachamy v. Holder, 733 F.3d 254 (9th Cir. 2013), to the extent it relied on...
Comite de Apoyo a los Trabajadores v. Perez (3rd Cir., Dec. 5, 2014)
GREENBERG, Fuentes, Cowen
Summary: “This appeal is concerned with the ripeness doctrine, a constitutional mandate derived from Article III’s requirement that federal courts hear only cases or controversies. U.S. Const...
Chen v. Holder (2d Cir., Dec. 5, 2014)
RAGGI, Chin, Carney
Summary: “Petition for review of a Board of Immigration Appeals decision upholding denial of asylum and withholding of removal. The Board held that the imposition of a fine equal to...
Fernandez Cruz v. Maypa, et al (4th Cir. Dec. 1, 2014)
GREGORY, Agee, Keenan
Summary: “Cristina Fernandez Cruz appeals the dismissal of her claims against defendants-appellees Nilda J. Maypa, Michelle Barba (“Mrs. Barba”), and Ferdinand Barba (“Mr. Barba”) under the Victims of Trafficking and Violence Protection Act (“TVPA”),...
Barrios-Cantarero v. Holder (5th Circuit, November 25, 2014)
Stewart, Jones, Higginson (Per Curiam)
Summary: The Fifth Circuit held that the BIA abused it discretion in denying Petitioner’s Motion to reopen his in absentia removal order due to a lack of proper notice. The Court...
Dakura v. Holder (4th Circuit, November 24, 2014)
KING, Motz, Keenan
Summary: “Raymond Dakura, a native of Ghana in West Africa, petitions for review of the September 13, 2013 decision of the Board of Immigration Appeals affirming the denial...