Immigration Litigation Update

Submitted by on May 8, 2015 - 10:31am

1st Circuit

Dimova v. Holder (April 03, 2015)

THOMPSON, Torruella, Kayatta

Summary: “Sometimes one ill-considered decision is all it takes. Unfortunately, this is so for our petitioner, Milena Dimova ("Dimova"). Dimova seeks review of a decision from the Board of Immigration Appeals ("BIA") finding her removable under the alien...

Submitted by on May 8, 2015 - 10:29am

9th Circuit

Rendon v. Holder (April 02, 2015)

Order Denying Rehearing En Banc (Dissents from Judge Graber and Judge Kozinski)

Summary: “The panel filed an order denying a petition for panel rehearing and, on behalf of the court, rejecting a sua sponte en banc call.

In its opinion filed August 22, 2014, the panel granted...

Submitted by on May 8, 2015 - 10:28am

7th Circuit

Chen v. Holder (April 01, 2015)

Posner, Kanne, Tinder (Per Curiam)

Summary: “Tie Xia Chen, a Chinese citizen, seeks relief from removal on the ground that he will be persecuted for violating his country’s one‐child policy. He petitions for review of the Board’s denial of his motion to reopen. In that motion, Chen argued...

Submitted by on May 8, 2015 - 10:26am

2d Circuit

Ortiz Franco v. Holder (April 01, 2015)

JACOBS, Lohier, Droney (Concurrence by Lohier)

Summary: “Elenilson J. Ortiz‐Franco petitions for review of an order of the Bureau (sic) of Immigration Appeals, entered August 30, 2013, which affirmed the decision of Immigration Judge Noel A. Ferris denying Ortiz‐Franco deferral of...

Submitted by on April 20, 2015 - 11:51am

9th Circuit

Marquez Carrillo v. Holder (9th Cir. March 31, 2015)

FERNANDEZ, Pregerson, Nguyen

Summary: “The panel denied Jose Luis Marquez Carrillo’s petition for review from the Board of Immigration Appeals’ order removing him due to his conviction for a crime of domestic violence.

The panel held that the BIA correctly found that a...

Submitted by on April 20, 2015 - 11:50am

9th Circuit

United States v. Jimenez Arzate (9th Cir. Amended March 30, 2015)

Kleinfeld, McLane Wardlaw, Kennelly (Per Curiam)

Summary: “The panel amended an opinion, filed January 12, 2015, affirming a sentence for illegal reentry after deportation; denied a petition for panel rehearing; and denied on behalf of the court a petition for...

Submitted by on April 20, 2015 - 11:49am

9th Circuit

Maldonado v. Holder (9th Cir. March 27, 2015)

En Banc (7-4)

Summary: “The en banc court overruled Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004), Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008), Singh v. Gonzales, 439 F.3d 1100 (9th Cir. 2006), and Perez-Ramirez v. Holder, 648 F.3d...

Submitted by on April 20, 2015 - 11:48am

7th Circuit

He v. Holder (7th Cir. March 27, 2015)

HAMILTON, Posner, Sykes

Summary: “Shaohua He, a citizen of China, petitions for review from the denial of his motion to recon-sider the denial of his application for asylum and withholding of removal based on his fear of future persecution because he is a practicing Christian. His petition...

Submitted by on April 20, 2015 - 11:47am

3d Circuit 

Gonzalez Posadas v. Attorney General (3d Cir. March 26, 2015)

JORDAN, Chagares, Vanaskie

Summary: “Hernan Gonzalez-Posadas petitions for review of an order of the Board of Immigration Appeals (“the Board”). Specifically, he argues that the Board erred in affirming an Immigration Judge’s conclusions that he did not suffer...

Submitted by Hena Mansori on April 20, 2015 - 11:46am

10th Circuit

Olmos v. Holder (10th Cir. Mar. 24, 2015)

BACHARACH, Briscoe, Holmes

Summary: “Mr. Manuel Olmos (a citizen of Mexico) was convicted in state court on charges involving identity theft, providing false information to a pawnbroker, and forgery of a government document. Mr. Olmos obtained probation, but was taken into federal...

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