403 results for 'cat:"Immigration"'.
J. Harris finds the board properly denied the Honduran immigrant's application for cancellation of removal. The immigrant, who sought to stay to care for his elderly father, failed to file an appeal within 30 days of the Board’s December 2020 order. Petition dismissed.
Court: 4th Circuit, Judge: Harris, Filed On: May 31, 2023, Case #: 21-1864, Categories: immigration
J. Joseph grants the government agencies' and officials' motion to dismiss a lawsuit from a Mexican citizen challenging the denial of her application for employment authorization subsequent to the denial of her application for adjustment of status and her widow petition after the death of her husband, a U.S. citizen, in 2014. The Mexican citizen's complaint must be dismissed because no subject matter jurisdiction is conferred to review or decide her claim under the Administrative Procedures Act or the Declaratory Judgment Act.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: May 31, 2023, Case #: 2:22cv1535, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, immigration, Attorney Fees
J. Brennan finds that the immigration board properly denied the El Salvador citizen's application for asylum. The immigrant failed to present compelling evidence to show that gangs in El Salvador specifically target small business owners or women for extortion as opposed to indiscriminately targeting anyone with perceived wealth. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: May 31, 2023, Case #: 22-2148, Categories: immigration
J. Graves denies the Cambodian citizen’s petition for review of the Board of Immigration Appeals affirming of an immigration judge’s finding of removability for an aggravated felony conviction. A guiding case does not constitute a change in the law that triggers retroactivity analysis of the relevant law governing the receiving of stolen property. The conviction constitutes receipt of stolen property, and thus is an aggravated felony for purposes of the Immigration and Nationality Act.
Court: 5th Circuit, Judge: Graves, Filed On: May 30, 2023, Case #: 21-60146, Categories: Evidence, immigration, Due Process
Per curiam, the Ninth Circuit denied a petition for panel rehearing in a case in which the panel held that federal courts lack jurisdiction to review the discretionary determination that a particular noncitizen in immigration detention posed a danger to the community and was not entitled to release on bond.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 30, 2023, Case #: 21-35023, Categories: immigration, Jurisdiction
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J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: immigration, Class Action
J. Barrett finds the trial court improperly dismissed the wife’s divorce, paternity and child custody complaint for lack of subject matter jurisdiction. The parents are legal, seasonal migrant workers and Mexican citizens. The circuit court had entered an order for emergency custody on allegations that the husband had left the children alone in a hot car while he worked, intending to abscond with them. Arkansas is not the family’s legal home, though it is uncontroverted that the children have not lived in Mexico for six consecutive months for the past two years and were not living in Mexico when this case was initiated. The circuit court failed to determine if Mexico or any other state was a home state for the children. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: May 24, 2023, Case #: CV-22-641, Categories: Family Law, immigration, International Law
J. Goodwin dismisses the appeal of the lawful permanent resident who was found removable as charged for having been convicted of an aggravated felony. The immigration judge found that the conviction was for an aggravated felony burglary offense but did not decide whether the respondent had been convicted of a crime of violence. The Board of Immigration Appeals concludes that the respondent has been convicted of an aggravated felony crime of violence as defined according to relevant immigration criminal law, for displaying a firearm during the robbery, and is thus removable. There is a concurring and dissenting opinion.
Court: Board of Immigration Appeals, Judge: Goodwin, Filed On: May 23, 2023, Case #: 4063, Categories: Firearms, immigration, Robbery
J. Ikuta finds that the district court improperly granted an illegal immigrant's motion to dismiss an indictment for illegally reentering the United States. The illegal immigrant's Fifth Amendment claim was facially invalid. Reversed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 22, 2023, Case #: 21-10233, Categories: Constitution, immigration
J. D’Agostino adopts a magistrate judge’s order and enters judgment in favor of the Cohoes Police Department and three of its officers on a self-represented litigant’s claims alleging Fourth and Fourteenth Amendment violations in connection with a traffic stop. The officers pulled him over for allegedly failing to turn on his turn signal within 100 feet of a stop sign and then arrested him after discovering there was a warrant out for his arrest from immigration services. He fails to allege the officers lacked probable cause to initiate the traffic stop or to arrest him.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 22, 2023, Case #: 1:22cv984, NOS: Other Civil Rights - Civil Rights, Categories: immigration, Police Misconduct
J. Ikuta finds that the district court properly entered conviction for attempted illegal reentry after deportation. The illegal immigrant's motion to dismiss for violating the Speedy Trial Act was denied. The lower court was correct in assessing periods of delay as a result of the Covid-19 pandemic. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 22, 2023, Case #: 21-50298, Categories: Constitution, immigration, Covid-19
Per curiam, the Fifth Circuit finds the Board of Immigration Appeals improperly dismissed the appeal of an immigration judge’s denial of the petitioner’s motion to rescind an in-absentia removal order. After entering the United States without a valid visa, permit’ or border crossing card, the Mexican citizen was sent a Notice To Appear (NTA) at a removal hearing. The notice stated that the date and time were “to be calendared and notice provided by … the immigration judge.” The NTA was defective as it did not contain the date and time of the proceedings. Under relevant case law, an immigration judge may not issue an in-absentia order of removal when the NTA did not contain all the required information. Vacated and remanded. Petition for review granted.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 19, 2023, Case #: 21-60195, Categories: immigration, Due Process
J. Newsom partially grants the immigrant's petition for review of the Board of Immigration Appeals' decision denying her request for cancellation of removal. The board applied an incorrect standard in finding that the immigrant is ineligible for relief under a battered spouse provision of a statute whose language was originally adopted as part of the Violence Against Women Act. The board interpreted the phrase "extreme cruelty" in the provision to require proof of physical abuse, but the phrase is instead best understood to include mental and emotional abuse. Therefore, proof of mental or emotional abuse is sufficient to satisfy the provision.
Court: 11th Circuit, Judge: Newsom, Filed On: May 18, 2023, Case #: 22-10445, Categories: immigration