Immigration Litigation Update

Submitted by Kathleen O'Donovan on May 11, 2016 - 5:00am

Tillery v. Lynch (1st Cir. May 11, 2016)

HOWARD, Selya, Lipez

Summary: “Petitioner Sonia Peters Tillery overstayed her visa and was later subjected to removal proceedings. In response Tillery applied, unsuccessfully, for special rule cancellation of removal for battered spouses, a relief provision enacted pursuant to the Violence Against Women...

Submitted by Kathleen O'Donovan on May 9, 2016 - 5:00am

Garcia v. Lynch (1st Cir. May 9, 2016)

SEYLA, Torruella, Thomspon

Summary: Petitioner Jose Garcia (“Garcia”) seeks review of the Board of Immigration Appeal’s denial of his motion to reconsider his second motion to reopen. Garcia did not timely appeal the denial of his second motion to reopen and only appealed the subsequent denial of the motion...

Submitted by Kathleen O'Donovan on May 5, 2016 - 5:00am

Dominguez Pulido v. Lynch (7th Cir. May 5, 2016)

FLAUM, Easterbrook, Sykes

Summary: Petitioner Gustavo Dominguez Pulido (“Dominguez Pulido”) seeks consolidated review of the denial of his appeal to the Board of Immigration (“BIA”) and the BIA’s denial of his two motions to reopen. While in removal proceedings Dominguez Pulido applied for asylum,...

Submitted by Kathleen O'Donovan on May 4, 2016 - 5:00am

Romero Arrazabal v. Lynch (7th Cir. May 4, 2016)

WOOD, Posner, Rovner

Summary: Petitioner, Francisco Romero Arrazabal (“Romero Arrazabal”), was denied withholding of removal and protection under the Convention Against Torture (“CAT”). Romero Arrazabal is a native of El Salvador and a former MS-13 gang member. Due to his criminal record his Lawful...

Submitted by Kathleen O'Donovan on May 3, 2016 - 12:00am

Hernandez Rosales v. Lynch (5th Cir. May 3, 2016)

OWEN, King, Davis

Summary: Petitioner Ulises Hernandez Rosales (“Hernandez Rosales”) claims that he derived citizenship from his mother at the time of his brith in Nuevo Leon, Mexico. In order to derive citizenship Hernandez Roalses needs to prove that his mother was “unwed” at the time of his...

Submitted by Kathleen O'Donovan on May 2, 2016 - 12:00am

Jimenez Morales v. Lynch (11th Cir. May 2, 2016)

JORDAN, Marcus, Walker

Summary: After being deported to his native Colombia in 2011, petitioner Dino Jimenez Morales (“Jimenez Morales”) reentered the United States in 2014. His prior removal order was reinstated and he expressed a fear of return he was placed in reasonable fear...

Submitted by Kathleen O'Donovan on April 29, 2016 - 1:00am

Karroumeh v. Lynch (7th Cir. April 29, 2016)

ROVNER, Wood, Manion

Summary: Mohsen Karroumeh (“Karroumeh”) was found to be removable based on marriage fraud and he appeals this finding. Shortly after entering the United States on the tourist visa he obtained a proxy dirvorced from his wife who was still living in Jordan. Four months after that...

Submitted by Kathleen O'Donovan on April 29, 2016 - 1:00am

Andrade Garcia v. Lynch (9th Cir. April 29, 2016)

IKUTA, Clifton, Block

Summary: “The panel denied a petition for review of an immigration judge’s decision affirming an asylum officer’s negative reasonable fear determination in reinstated removal proceedings. The panel held that this court reviews an IJ’s negative reasonable fear determination...

Submitted by Kathleen O'Donovan on April 28, 2016 - 1:00am

Lira Saldana et al v. Lynch (8th Cir. April 28, 2016)

COLLOTON, Loken, dissent by Murphy

Summary: Petitioners Israel Lira Saldana, Elizabeth Pino Peralta, and their three children contest the denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The family fears return based...

Submitted by Hena Mansori on April 27, 2016 - 1:00am

Mena v. Lynch (4th Cir. April 27, 2016)

SHEDD, Wilkinson, Agee

Summary: The Fourth Circuit granted this petition for review, finding that Petitioner Francisco Alberto Pena’s conviction under 18 USC § 659 was not an aggravated felony under 8 USC  1101(a)(43)(G) and that the agency below had erred in determining otherwise and pretermitting...

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