Immigration Litigation Update

Submitted by Mark Fleming on April 25, 2013 - 12:00am

9th Circuit

Mondaca-Vega v. Holder (9th Circuit, April 25, 2013)
Graber, Callahan, Pregerson (dissent)

Summary: “The panel denied Salvador Mondaca-Vega’s petition for review of the district court’s findings, following a bench trial pursuant to 8 U.S.C. § 1105a(a)(5) (now 8 U.S.C. § 1252(b)(5)), that he is not a United...

Submitted by Mark Fleming on April 23, 2013 - 12:00am

10th Circuit

Salgado-Torbio v. Holder (10th Circuit, April 23, 2013)
BALDOCK, O’Brien, McKay

Summary: “Petitioner Lucio Salgado-Toribio, acting pro se, seeks review of a Board of Immigration Appeals (BIA) order denying his motion to reopen removal proceedings. But this is not his first lap around the track....

Submitted by Mark Fleming on April 23, 2013 - 12:00am

11th Circuit

Ortiz-Bouchet v. Attorney General (11th Circuit, April 23, 2013)
Dubina, Barkett, Kleinfeld (per curiam)

Summary:“Kelvin Ortiz-Bouchet (“Ortiz”) and his wife, Edith Malpica-Zapata (“Malpica”), petition for review of an order by the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ...

Submitted by Mark Fleming on April 22, 2013 - 12:00am

1st Circuit

Liu v. Holder (1st Circuit, April 22, 2013)
LYNCH, Thompson, Lipez

Summary:  The First Circuit affirmed the agency’s denial of Chinese husband’s claim for asylum, finding that after Matter of J–S–, 24 I.& N. Dec. 520(A.G. 2008) the petitioner did not qualify for a presumption of asylum based on his...

Submitted by Mark Fleming on April 22, 2013 - 12:00am

8th Circuit

Castro-Gutierrez v. Holder (8th Circuit, April 22, 2013)
GRUENDER, Murphy, Smith

Summary:  The Eighth Circuit affirmed the agency’s denial of Colombian petitioner’s application for withholding of removal and CAT relief.  Petitioner was ineligible for asylum based on the one-year filing deadline....

Submitted by Mark Fleming on April 22, 2013 - 12:00am

3rd Circuit

Sylvain v. Attorney General (3rd Circuit, April 22, 2013)
SMITH, Greenaway, Jr., Van Antwerpen

Summary:“Statutory language is important. It takes on added significance when a person‘s freedom is at stake. Under the Immigration and Nationality Act, immigration officials ―shall take into custody anydeportable...

Submitted by Mark Fleming on April 22, 2013 - 12:00am

2nd Circuit

Gomez Santana v. Holder (2nd Circuit, April 22, 2013)
CHIN, Droney, Restani

Summary: The Second Circuit affirmed the agency’s determination that petitioner was ineligible for LPR Cancellation of Removal because his conviction under New York Penal Law ("NYPL") §§ 150.15 and 110.00 for Attempted Arson in the...

Submitted by Mark Fleming on April 19, 2013 - 12:00am

11th Circuit

Ruiz-Turcios v. Attorney General (11th Circuit, April 19, 2013)
BARKETT, Fay, Martin

Summary: Applying its recent en banc decision in Avila-Santoyo v. Attorney General, the panel vacated its prior decision that the 90 day time limit to file a motion to reopen was jurisdictional and remanded to the...

Submitted by Mark Fleming on April 19, 2013 - 12:00am

8th Circuit

Carcamo v. Holder (8th Circuit, April 19, 2013)
RILEY, Colloton, Gruender

Summary: The Eighth Circuit affirmed the IJ and BIA’s denial of petitioners motion to suppress, holding that a deliberate, unreasonable search of a home allegedly based on an unsupported claim of racial-profiling did not rise to the...

Submitted by Mark Fleming on April 19, 2013 - 12:00am

6th Circuit

Sejdini v. Holder (6th Circuit, April 19, 2013)
MARTIN, Gilman, Fowlkes

Summary:“This immigration case requires us to answer a pure question of statutory interpretation: is cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (the Nicaraguan Act) the same as cancellation of...

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