National Immigrant Justice Center
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Immigration Litigation Update
Lenjinac v. Holder (7thCir. March 17, 2015)
BAUER, Manion, Rovner
Summary: Emir Lenjinac was born in Bosnia-Herzegovina and was a victim of violence during the Boznian civil war due to his ethnicity as a Bosnian Muslim. His family home was burned and several male family members were captured by Serbian forces and...
Montanez-Gonzales v. Holder (6th Cir. Mar. 12, 2015)
STRANCH, Gibbons, Reeves
Summary: “Alfredo Montanez-Gonzalez, a native and citizen of Mexico, seeks review of a decision of the Board of Immigration Appeals (BIA), affirming the decision of the Immigration Judge (IJ) denying his application for cancellation of removal. The IJ...
Prabhudial v. Holder (2d Circuit, March 12, 2015)
Jacobs, Wesley, Carney (per curiam)
Summary: The Second Circuit dismissed this petition for review, concluding that it lacked jurisdiction to consider the question of law raised by Petitioner, which the BIA had deemed waived below since Petitioner did not raise it...
Souley v. Holder (7th Cir. Mar. 11, 2015)
Posner, Kanne, Tinder (PER CURIAM)
Summary:“Saley Souley, a citizen of Niger, petitions for review from the denial of his request to continue his removal proceedings to give his U.S. citizen wife time to file a second I-130 visa petition on his behalf (the government had already denied...
Juarez Chilel v. Holder (8th Cir. Mar. 10, 2015)
KELLY, Bye, Smith
Summary:“Carlos Juarez Chilel, a native and citizen of Guatemala, petitioned for asylum under 8 U.S.C. § 1158(a)(1), withholding of removal under 8 U.S.C. § 1231(b)(3)(A), and relief under the Convention Against Torture (CAT) pursuant to 8 C.F.R. § 1208.16...
Florez v. Holder (2d Circuit, March 4, 2015)
JACOBS, Livingston, Lohier
Summary: The Second Circuit denied this Petition for Review, concluding that the BIA’s broad definition of “crime of child abuse” to include offenses without proof of injury is entitled to Chevron deference and is reasonable. In...
Rafael Tiscareno-Garcia v. Holder (4th Cir. Mar. 3, 2015)
TRAXLER, King, Thacker
Summary: Petitioner entered the country in 2000 and has three U.S. citizen children, including one who has been diagnosed with autism. In 2010, Petitioner was apprehended in a worksite raid and ultimately charged and convicted of illegal...
Hernandez v. United States (11th Circuit, March 2, 2015)
PRYOR, Jordan, Rosenthal
Summary:Hernandez, a national of Cuba, sought post-conviction relief to vacate his plea of guilty to drug trafficking offenses in federal district court, based on his attorney having advised him that, in her experience there was a...
Putu Indrawati v. U.S. Attorney General (11th Cir. March 2, 2015)
TJOFLAT, Carnes, Gilman
Summary: “Putu Indrawati petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision that she is barred from adjustment of status because she knowingly filed a frivolous asylum...
United States v. Mendez-Sosa (9th Circuit, March 2, 2015)
Clifford Wallace, Smith, Friedland (per curiam)
Summary: "The Ninth Circuit affirmed the district court’s imposition of a sentencing enhancement in this § 1326 illlegal reentry case, rejecting the appellant’s arguments that his New Jersey criminal sexual...