Immigration Litigation Update

Submitted by Hena Mansori on December 23, 2014 - 12:00am

4th Circuit

Omargharib v. Holder (4th Cir. Dec. 23, 2014)

FLOYD, Niemeyer, Wynn

Summary: The Fourth Circuit granted this petition for review, concluding that the petitioner’s grand larceny conviction (resulting from his taking two pool cues following an argument with his opponent...

Submitted by Catherine Matthews on December 22, 2014 - 12:00am

11th Circuit

Kurapati v. USCIS (11th Circuit, Dec. 22, 2014)

Wilson, William Pryor, Rosenbaum (per curiam)

Summary: Panel rehearing granted for the Government but the Court affirmed its previous holding in amending its Sept. 22, 2014 decision.

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Submitted by Hena Mansori on December 22, 2014 - 12:00am

7th Circuit

Cano-Oyarzabal v. Holder (7th Cir. Dec. 22, 2014)

WILLIAMS, Easterbrook, Tinder

Summary:  The court denied this petition for review, finding reasonable the Board’s conclusion that fleeing/eluding an officer under Wisconsin Statute § 346.04(3) is a crime involving...

Submitted by Catherine Matthews on December 19, 2014 - 12:00am

11th Circuit

Camacho Perez v. USCIS (11th Circuit, Dec. 19, 2014)

Marcus, William Pryor, Fay (per curiam)

Summary: “Aaron Camacho Perez appeals the dismissal of his complaint, challenging a determination of the United States Citizenship and Immigration Services (“USCIS”) that he was statutorily ineligible to adjust status under the Cuban...

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

9th Circuit

Abdisalan v. Holder (9th Cir. Dec. 15, 2014)

WARDLAW (11-0) (en banc)

Summary: Overruling Li v. Holder, 656 F.3d 898 (9th Cir. 2011), as well as Annachamy v. Holder, 733 F.3d 254 (9th Cir. 2013), to the extent it relied on...

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

3d Circuit

Comite de Apoyo a los Trabajadores v. Perez (3rd Cir., Dec. 5, 2014)

GREENBERG, Fuentes, Cowen

Summary: “This appeal is concerned with the ripeness doctrine, a constitutional mandate derived from Article III’s requirement that federal courts hear only cases or controversies. U.S. Const...

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

2d Circuit

Chen v. Holder (2d Cir., Dec. 5, 2014)

RAGGI, Chin, Carney

Summary: “Petition for review of a Board of Immigration Appeals decision upholding denial of asylum and withholding of removal. The Board held that the imposition of a fine equal to...

Submitted by Catherine Matthews on December 1, 2014 - 12:00am

4th Circuit

Fernandez Cruz v. Maypa, et al (4th Cir. Dec. 1, 2014)

GREGORY, Agee, Keenan

Summary: “Cristina Fernandez Cruz appeals the dismissal of her claims against defendants-appellees Nilda J. Maypa, Michelle Barba (“Mrs. Barba”), and Ferdinand Barba (“Mr. Barba”) under the Victims of Trafficking and Violence Protection Act (“TVPA”),...

Submitted by Catherine Matthews on November 25, 2014 - 12:00am

5th Circuit

Barrios-Cantarero v. Holder (5th Circuit, November 25, 2014)

Stewart, Jones, Higginson (Per Curiam)

Summary: The Fifth Circuit held that the BIA abused it discretion in denying Petitioner’s Motion to reopen his in absentia removal order due to a lack of proper notice.  The Court...

Submitted by Catherine Matthews on November 24, 2014 - 12:00am

4th Circuit

Dakura v. Holder (4th Circuit, November 24, 2014)

KING, Motz, Keenan

Summary: “Raymond Dakura, a native of Ghana in West Africa, petitions for review of the September 13, 2013 decision of the Board of Immigration Appeals affirming the denial...

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