Immigration Litigation Update

Submitted by Catherine Matthews on October 15, 2014 - 11:00pm

4th Circuit

Regis v. Holder (4th Cir. Oct. 16, 2014)

AGEE, Duncan, Diaz

Summary: “Petitioner Noel Joseph Menor Regis entered the United States in 2007 on a K-2 visa as the minor child of his mother, a nonimmigrant fiancée K-1 visa holder. After his mother married the U.S. citizen who had...

Submitted by Hena Mansori on October 14, 2014 - 11:00pm

9th Circuit

Lopez-Valenzuela v. Arpaio, et al (9th Cir. Oct. 15, 2014)

Fisher for the majority (en banc)

Summary: “The en banc court reversed the district court’s summary judgment in a class action challenging Proposition 100, a ballot measure passed by Arizona voters that amended the state...

Submitted by Catherine Matthews on October 14, 2014 - 11:00pm

5th Circuit

Martinez-Martinez v. Holder (5th Cir. Oct. 15, 2014)

Davis, Smith, Clement (per curiam)

Summary: The Fifth Circuit affirmed the Board’s conclusion that Petitioner had knowingly and intelligently waived his right to appeal after the Immigration Judge had explained to Petitioner his right to appeal and the Petitioner stated in...

Submitted by Catherine Matthews on October 13, 2014 - 11:00pm

8th Circuit

Ming Li Hui v. Holder (8th Cir. Oct. 14, 2014)

MURPHY, Wollman, Loken

Summary: The Petitioner sought asylum and withholding based on membership in a particular social group: "Chinese daughters [who are] viewed as property by virtue of their position within a domestic relationship."...

Submitted by Hena Mansori on October 9, 2014 - 11:00pm

9th Circuit

Medina-Lara v. Holder (9th Circuit, October 10, 2014)

HAWKINS, Noonan, Christen

Summary: The Ninth Circuit granted this petition for review, finding (1) Petitioner’s conviction under California Health & Safety Code § 11351 was neither an aggravated felony nor a controlled substance offense under the INA, (2) the enhancement...

Submitted by Hena Mansori on October 7, 2014 - 11:00pm

2d Circuit

Oppesidano v. Holder (2d Circuit, October 8, 2014)

LYNCH, Parker, Carney

Summary: The Second Circuit denied this petition for review, upholding the BIA’s decision that Petitioner’s conviction for unlawful possession of ammunition under 18 USC § 922(g)(1) qualifies as an aggravated felony under INA § 101(a)(43)(E)(ii).  The...

Submitted by Hena Mansori on October 7, 2014 - 11:00pm

2d Circuit

Sutherland v. Holder (2d Circuit, October 8, 2014)

Cabranes, Wesley, Livingston (Per Curiam)

Summary: The Second Circuit denied this petition for review, agreeing with the agency that Sutherland’s conviction remained valid for immigration purposes even though it was vacated under Arizona Revised States §13-907, because she...

Submitted by Catherine Matthews on October 6, 2014 - 11:00pm

11th Circuit

Butalova v. Holder (11th Circuit, October 7, 2014)

Hull, Marcus, Fay (Per Curiam)

Summary: The Eleventh Circuit dismissed for lack of jurisdiction Miloslava Butalova’s petitions for review of the Board of Immigration Appeals’ (BIA) denials of her motions to reopen and/or reconsider removal proceedings based on a VAWA self-...

Submitted by Hena Mansori on October 5, 2014 - 11:00pm

1st Circuit

Castaneda v. Souza (1st Circuit, October 6, 2014)

DYK, Torruella, Thompson

Summary: In this habeas appeal, on which NIJC joined as amicus curiae, the First Circuit held that petitioners, who committed crimes listed in INA § 236(c) but were not taken into ICE custody until years after being released from state custody, were not...

Submitted by Catherine Matthews on October 1, 2014 - 11:00pm

9th Circuit

Aragon-Salazar v. Holder (9th Circuit, October 2, 2014)

SMITH, JR., Korman (by designation), Callahan (dissent)

Summary:“Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for reiew of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his...

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