Immigration Litigation Update

Submitted by Catherine Matthews on September 16, 2014 - 12:00am

6th Circuit

Rais v. Holder (6th Circuit, September 16, 2014)

DONALD, Boggs, Hood (by designation)

Summary:Rais v. Holder involves the recurring issue of mixed authority in the removal context, together with federal court appellate authority over sua sponte reopening denials.

Dr Rais applied for adjustment of status through a former...

Submitted by Hena Mansori on September 15, 2014 - 12:00am

7th Circuit        

Jeudy v. Holder (7th Circuit, September 15, 2014)

HAMILTON, Bauer, Rovner

Summary:The Seventh Circuit granted this petition for review litigated by NIJC and pro bono attorneys at Jenner & Block.  Mr. Jeudy argued that the stop-time rule for LPR cancellation of removal, which was created...

Submitted by Hena Mansori on September 5, 2014 - 12:00am

9th Circuit

Torres-Valdivias v. Holder (9th Circuit, September 5, 2014)

CLIFTON, Silverman, Watson

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s argument that the agency below erroneously applied the heightened standard under Matter of Jean, 23 I&N Dec. 37 (AG 2002) to his case.  Here,...

Submitted by Hena Mansori on September 4, 2014 - 12:00am

9th Circuit

Roman-Suaste v. Holder (9th Circuit, September 4, 2014)

CLIFTON, Benavides, McLane Wardlaw

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s argument that his conviction for possession of marijuana for sale under California Health & Safety Code § 11359 was not an aggravated felony. ...

Submitted by Catherine Matthews on September 4, 2014 - 12:00am

7th Circuit

Khan v. Holder (7th Circuit, September 4, 2014)

SYKES, Bauer, Manion

Summary:“Sami Ullah Khan seeks review of a decision of the Board of Immigration Appeals (“BIA”) applying the “terrorism bar,” 8 U.S.C. § 1182(a)(3)(B)(i)(I), a broad barrier to admissibility into the United States. Underneath the surface is an important legal...

Submitted by Hena Mansori on September 4, 2014 - 12:00am

3d Circuit        

Hernandez-Cruz v. Holder (3d Circuit, September 4, 2014)

FUENTES, Greenaway, Jr., Nygaard

Summary:The Third Circuit granted this petition for review, concluding that Petitioner’s Pennsylvania conviction for child endangerment is not categorically a crime involving moral turpitude.  The court...

Submitted by Catherine Matthews on September 3, 2014 - 12:00am

11th Circuit

Rivas v. Holder (11th Circuit, September 3, 2014)

PRYOR, Wilson, Rosenbaum

Summary:Petitioner Rivas was twice convicted of petit larceny, which rendered him removable, but exited and re-entered the United States three times before removal proceedings were initiated. Rivas then sought a waiver of inadmissibility which was...

Submitted by Catherine Matthews on September 2, 2014 - 12:00am

1st Circuit

Ahmed v. Holder (1st Circuit, September 2, 2014)

SELYA, Thompson, Lipez

Summary:Petitioner Ahmed filed a petition for review of the agency’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied Ahmed’s applications on an...

Submitted by Catherine Matthews on August 29, 2014 - 12:00am

6th Circuit

Ruiz-del-Cid v. Holder (6th Circuit, August 29, 2014)

STRANCH, Daughtrey, Clay (dissent)

Summary:The Sixth Circuit granted and remanded a petition for review of the denial of an application for cancellation of removal due to a finding that the applicant was barred from demonstrating the requisite “good moral character” for...

Submitted by Catherine Matthews on August 28, 2014 - 12:00am

8th Circuit

Lee v. Holder (8th Circuit, August 28, 2014)

SHEPHERD, Colloton, Kelly

Summary:Lee filed petitions for review of the Board of Immigration Appeals’ (BIA) denials of her motion to remand and subsequent motion to reopen her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT)....

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