Immigration Litigation Update

Submitted by Hena Mansori on November 7, 2014 - 12:00am

9th Circuit

United States v. de la Torre-Jimenez (9th Circuit, November 7, 2014)

GRABER, Ebel, Kleinfeld

Summary:The Ninth Circuit affirmed defendant’s illegal re-entry sentence under 8 USC § 1326, rejecting his argument that the district court had improperly found that his prior conviction under CHSC § 11351 was a “drug trafficking...

Submitted by Hena Mansori on November 7, 2014 - 12:00am

9th Circuit

United States v. Huitron-Rocha (9th Circuit, November 7, 2014)

GRABER, Ebel, Kleinfeld

Summary: The Ninth Circuit affirmed defendant’s illegal re-entry sentence under 8 USC § 1326, rejecting his argument that the district court had erred by using the modified categorical approach to find that his prior conviction for possession...

Submitted by Hena Mansori on November 6, 2014 - 12:00am

9th Circuit

Leal v. Holder (9th Circuit, November 6, 2014)

NELSON, Silverman, Smith

Summary: The Ninth Circuit denied this petition for review, in which Petitioner argued that his felony conviction under Arizona Revised Statute § 13-1201 for felony endangerment is not a crime involving moral turpitude.  In doing so, the court upheld...

Submitted by Catherine Matthews on November 5, 2014 - 12:00am

9th Circuit

Ibarra-Hernandez v. Holder (9th Circuit, November 5, 2014)

Nelson, Silverman, Smith (Per Curiam)

Summary: Petitioner was found ineligible for Cancellation because she had been convicted of a crime involving turpitude.  The crime of "taking the identity of another person or entity" criminalizes the knowing taking,...

Submitted by Catherine Matthews on November 5, 2014 - 12:00am

4th Circuit

Yang v. Holder (4th Circuit, October 29, 2014) (amended November 5, 2014)

KING, Motz, Davis

Summary:The Court granted a petition for review of the Board of Immigration Appeals’ (BIA) affirmation of the Immigration Judge’s (IJ) denial of Petitioner Yang’s applications for asylum, withholding of removal, protection under the...

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

9th Circuit

Owino v. Holder (9th Circuit, November 4, 2014)

Farris, Hurwitz, Friedman (by designation) (Per Curiam)

Summary:“Sylvester Otieno Owino, a native and citizen of Kenya, petitions for review of a decision of the Board of Immigration Appeals. He argues that the agency’s adverse credibility finding and denial of relief under the...

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

2d Circuit

Meng v. Holder (2d Circuit, November 3, 2014)

RAGGI, Winter, Carney

Summary: Suzhen Meng filed a petition for review of a Board of Immigration Appeals decision upholding an order of removal and the denial of (1) asylum and withholding of removal on the ground that the statutory “persecutor bar” precluded such relief given...

Submitted by Hena Mansori on October 28, 2014 - 11:00pm

9th Circuit

Espino-Castillo v. Holder (9th Circuit, October 29, 2014)

SCHROEDER, Wallace, Fletcher

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s argument that his state fraud conviction was not a crime involving moral turpitude because Congress has exempted state fraud convictions from characterization...

Submitted by Catherine Matthews on October 26, 2014 - 11:00pm

9th Circuit

Padilla-Martinez v. Holder (9th Circuit, October 27, 2014)

GOULD, Smith, Duffy

Summary: The Ninth Circuit denied this petition for review, finding that Petitioner’s due process rights were not violated by BIA decisions that allowed the government multiple opportunities to prove his deportability under the modified categorical...

Submitted by Hena Mansori on October 23, 2014 - 11:00pm

9th Circuit

Hernandez de Martinez v. Holder (9th Circuit, October 24, 2014)

Nelson, Silverman, Smith (Per Curiam)

Summary: The Ninth Circuit denied this petition for review, rejecting Petitioner’s argument that her conviction for criminal impersonation in violation of Arizona Revised Statutes § 13-2006(A)(1) is not categorically a crime...

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