Immigration Litigation Update

Submitted by Catherine Matthews on July 17, 2014 - 12:00am

7th Circuit

United States v. Baptist (7th Cir, July 17, 2014)

BAUER, Manion, Sykes

Summary: “Mansa N. Baptist (“Baptist”) was first removed from the United States to Belize in 1998 after he signed a stipulated removal order. Afterwards, he illegally...

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

7th Circuit

Wang v. Holder (7th Cir, July 16, 2014)

WOOD, Bauer, Hamilton

Summary: “In order to be eligible for cancellation of removal, a nonpermanent resident alien must have accrued 10 years of continuous physical presence in the United States. That...

Submitted by Catherine Matthews on July 15, 2014 - 12:00am

1st Circuit

Jaquez v. Holder (1st Cir., July 15, 2014)

LYNCH, Lipez, Howard

Summary: “Jose Manuel Jaquez seeks review of a decision denying his application for adjustment of immigration status and ordering him removed to the Dominican Republic. The...

Submitted by Catherine Matthews on July 14, 2014 - 12:00am

8th Circuit

Downs v. Holder (8th Cir. July 14, 2014)

BYE, Loken, Riley

Summary: The Eighth Circuit affirmed the agency’s denial of petitioner’s motion to suppress, finding that the agency’s reliance on petitioner’s false claims to U.S. citizenship on her...

Submitted by Catherine Matthews on July 14, 2014 - 12:00am

4th Circuit

Quintanilla v. Holder (4th Cir., July 14, 2014)

KING, Duncan, Motz

Summary: “Petitioner Tobia Romero Quitanilla, a native of El Salvador, sought discretionary relief from removal by way of a special rule cancellation under the Nicaraguan...

Submitted by Catherine Matthews on July 10, 2014 - 12:00am

6th Circuit

Harmon v. Holder (6th Circuit, July 10, 2014)

STRANCH, Cook, Carr (by designation)

Summary:The Sixth Circuit held “that the TVPRA does not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to the USCIS.” Harmon, a native and citizen of Nigeria, had entered the United States as...

Submitted by Catherine Matthews on July 9, 2014 - 12:00am

1st Circuit

Constanza de Abarca v. Holder (1st Cir., July 9, 2014)

LIPEZ, Lynch, Stahl

Summary: The First Circuit affirmed the agency’s denial of petitioner’s claim to asylum and withholding of removal.  The Court affirmed that petitioner, as the...

Submitted by Catherine Matthews on July 8, 2014 - 12:00am

1st Circuit

Lima v. Holder (1st Circuit, July 8, 2014)

THOMPSON, Lynch, Smith (by designation)

Summary:“Lima petitions for review of the BIA’s finding that he is removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(i). That statute provides, in pertinent part, that any noncitizen who “(I) is convicted of a crime involving moral turpitude...

Submitted by Catherine Matthews on July 7, 2014 - 12:00am

9th Circuit

Arizona Dream Act Coalition, et al, v. Brewer, et al (9th Cir. July 7, 2014)

PREGERSON, Christen (concurrence), Campbell (by designation)

Summary: “The panel reversed the district court’s denial of a motion for a preliminary injunction and remanded in an action challenging an Arizona policy which prohibits recipients of the...

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

7th Circuit

Ortiz-Estrada v. Holder (7th Cir, July 3, 2014)

POSNER, Woods, Sykes

Summary: The Seventh Circuit held that the agency did not abuse its discretion in denying petitioner further continuance of his removal proceedings after months of...

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