Immigration Litigation Update

Submitted by on April 20, 2015 - 11:38am

7th Circuit 

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...

Submitted by on April 20, 2015 - 11:37am

6th Circuit

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...

Submitted by Hena Mansori on April 20, 2015 - 11:36am

2nd Circuit

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...

Submitted by on April 20, 2015 - 11:35am

7th Circuit

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...

Submitted by on April 20, 2015 - 11:28am

8th Circuit 

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...

Submitted by Hena Mansori on April 20, 2015 - 11:20am

2nd Circuit

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...

Submitted by on April 20, 2015 - 11:19am

4th Circuit

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...

Submitted by Hena Mansori on April 20, 2015 - 11:12am

11th Circuit

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...

Submitted by on April 20, 2015 - 11:10am

11th Circuit

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...

Submitted by on April 20, 2015 - 11:08am

9th Circuit

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...

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