22 results for 'cat:"Immigration" AND cat:"Due Process"'.
J. Moore grants an Iraq citizen’s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board’s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: Civil Rights, immigration, due Process
J. Greer finds the immigration judge properly denied the El Salvadoran citizen's application for withholding of removal and protection. The immigrant was ordered removed for not having proper documentation after entry. He is properly found not to be included in the category of individuals covered by a cited regulation because he was not initially placed in expedited removal proceedings and immigration services did not adjudicate his asylum application. The immigrant did also not establish a nexus to his family-based particular social group, though the judge should consider additional evidence on remand. Affirmed in part.
Court: Board of Immigration Appeals, Judge: Greer , Filed On: March 14, 2024, Case #: 4074, Categories: Evidence, immigration, due Process
J. Petty denies the Sudanese citizen's motion to reopen and terminate his removal proceedings. Found to be removable based on his convictions for two theft offenses and denied all relief from removal, the immigrant has not established the state court, as he claims, vacated his original convictions because of a procedural or substantive defect in the underlying criminal proceedings.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: February 23, 2024, Case #: 4073, Categories: immigration, Theft, due Process
J. Wetmore sustains the Mexican citizen's interlocutory appeal challenging the immigration judge’s denial of his motion to cancel removal. The immigrant says the notice was defective in not including the time and place to appear. The Department of Homeland Security filed the improper form as remedy, contrary to the Supreme Court’s decision in a relevant case that the time and place of the initial hearing could not be remedied by issuance of a notice of hearing, which does not trigger the stop-time rule for cancellation of removal.
Court: Board of Immigration Appeals, Judge: Wetmore , Filed On: January 31, 2024, Case #: 4071, Categories: immigration, due Process
J. Bybee finds that the district court properly entered conviction against an immigrant for illegal reentry. The government did not violate the immigrant's due process rights when it removed him via expedited proceedings in 2013, and he was properly convicted of illegal reentry. Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: January 24, 2024, Case #: 21-50303, Categories: immigration, due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Graves finds the Board of Immigration Appeals improperly denied the Honduran citizen's motion to reopen his removal proceedings, and both parties agree the circuit should vacate and remand. The board erroneously denied the motion without resolving the issue of statutory provisions relating to an unaccompanied minor's sexual orientation and his experiences with threats of violence in Honduras. The board failed to determine whether the immigrant's sexual orientation was new and previously unavailable evidence in support of asylum eligibility. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: January 17, 2024, Case #: 21-60681, Categories: immigration, due Process, Lgbtq
J. Petty finds the immigration judge improperly granted the Department of Homeland Security’s motion to terminate the conditional permanent resident's removal proceedings. After his divorce from a U.S. citizen, he filed a petition to remove conditions on his permanent residence. Immigration services concluded he had married in order to evade immigration laws and terminated his resident status. The immigration judge granted his petition for review but did not thoroughly consider the resident's petition to remove conditions or his objection to termination. Without this review, the resident is left in “legal limbo," no longer being a lawful permanent resident, while not having been found deportable. Vacated.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: December 19, 2023, Case #: 4069, Categories: immigration, due Process
J. Merchant denies a motion to stay the court’s decision to remand a laborer’s personal injury complaint back to New York state court. The construction companies named in the suit had removed the complaint to federal court after the state court judge denied their motion to dismiss, which argued they are unable to mount a competent defense after discovering the litigant was an undocumented immigrant and went by several aliases. However, the court saw through the defendants’ attempt to circumvent the prior ruling and remanded the action back to state court. The court finds no compelling reason to override the state court’s ruling.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 29, 2023, Case #: 1:23cv7864, NOS: Other Personal Injury - Torts - Personal Injury, Categories: immigration, Tort, due Process
Per curiam, the Fifth Circuit declines to remove the Board of Immigration Appeals’ affirmation of an immigration judge’s order to remove a Tanzanian citizen for committing domestic assault and battery by strangulation. The petitioner was properly found removable because he was convicted for a violent offense. He did not challenge the judge’s conclusion that he failed to meet the deadline to apply for asylum on appeal to the board, and that challenge is unexhausted. Immigration judges are not required to provide advance notice of necessary corroborating evidence or to grant a continuance to obtain the evidence.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-60573, Categories: immigration, Assault, due Process
J. Garaufis preserves, in part, a Federal Tort Claims Act complaint with claims arising out of former President Donald Trump’s zero-tolerance immigration policy. The litigants, a mother and her son, were separated from each other for more than two years after seeking asylum from Guatemala. The court finds their claims are not barred under the Act’s discretionary function exception on the basis that the federal immigration agents’ actions violated the U.S. Constitution and their due process rights and did not serve a compelling interest in securing the nation’s borders or enforcing the nation’s criminal and immigration laws.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 27, 2023, Case #: 1:22cv7527, NOS: Other Personal Injury - Torts - Personal Injury, Categories: immigration, Tort, due Process
J. Greer grants the Trinidadian citizen’s motion to terminate removal proceedings initiated after he was convicted for identity theft, larceny and possession of stolen property. He timely exercised his right to file a motion for leave to file a late notice of appeal, which was accepted. An accepted appeal is classified as a direct appeal, and with this pending appeal, there is no final conviction for immigration purposes.
Court: Board of Immigration Appeals, Judge: Greer , Filed On: October 23, 2023, Case #: 4067, Categories: immigration, due Process
Per curiam, the circuit denies the Honduran illegal immigrant's petition for review of a decision of the Board of Immigration Appeals upholding an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The BIA applied the correct legal standards to the immigrant's withholding of removal and CAT claims, and substantial evidence supports the factual conclusions regarding his ineligibility for CAT protection.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 20, 2023, Case #: 20-60974, Categories: immigration, due Process
J. Greer finds the Immigration Judge improperly granted the respondents’ application for adjustment of status. Respondents were encountered near the southern border, having entered without inspection, admission, on parole. The Cuban Adjustment Act, under which the IJ found them to be eligible for adjustment of status, requires respondents to have been inspected, admitted or paroled. Their release by the DHS on conditional parole is legally distinct from release on humanitarian parole. Vacated and remanded.
Court: Board of Immigration Appeals, Judge: Greer, Filed On: September 11, 2023, Case #: 4066, Categories: immigration, due Process
J. Malphrus grants the respondent’s motion to remand the record of his removal proceedings and the denial of his application for protection under the Convention Against Torture to the immigration judge. The respondent claims two men wearing police uniforms detained him in the Dominican Republic, stabbed him with a screwdriver and ordered him to repay money. He says the men shot him and that he was hospitalized, then released into the custody of the same men, who again stabbed him. Review of the claim should include a determination as to whether the men were actual police officers and, if so, whether their conduct was undertaken “in an official capacity.”
Court: Board of Immigration Appeals, Judge: Malphrus, Filed On: August 11, 2023, Case #: 4064, Categories: Evidence, immigration, due Process
Per curiam, the Fifth Circuit finds the district court properly made an upward departure from sentencing guidelines on the Mexican citizen’s guilty plea conviction for illegally reentry after prior deportation. Defendant has been deported repeatedly, as well as having been convicted for felony burglary, multiple thefts, domestic violence, false claim of U.S. citizenship, tampering with a government record, evading arrest and more. Misstatements made by the prosecution as to defendant’s previous charges and sentences did not affect his substantial rights. Defendant cites no authority for other challenges and the Fifth Circuit has previously affirmed the reasonableness of a 72-month sentence for illegal reentry. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 10, 2023, Case #: 22-40720, Categories: immigration, Sentencing, due Process
Per curiam, the Fifth Circuit finds the Board of Immigration Appeals improperly entered a final order removing a Tanzanian native who did not possess valid entry documents. The immigration board did not address the dispositive issue of his request for a continuance to file an application for cancellation of removal. His application was turned away after having been filed after the deadline due to a government shutdown, and he was not fingerprinted between the preliminary hearing and merits hearing and was told that failure to provide biometrics constitutes abandonment of the application. This was an abuse of discretion. The petition for review is granted in part. The board’s decision is vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-60336, Categories: immigration, due Process
Per curiam, the circuit grants the Democratic Republic of the Congo native's petition for review of his denial of asylum and protection under the Convention Against Torture. The Board of Immigration Appeals relied exclusively on the petitioner's adverse credibility finding in order to deny his application. Under precedent of the Fifth Circuit, “CAT claims are ‘distinct from asylum and withholding-of-removal claims and should receive separate analytical attention.’”
Court: 5th Circuit, Judge: Per curiam, Filed On: July 27, 2023, Case #: 21-60416, Categories: immigration, due Process
J. Wilson finds the Board of Immigration Appeals properly denied a Mexican citizen’s application for cancellation of removal. The immigrant entered the U.S. without admission. While serving a sentence for his attendance of an illegal cockfight, he was given notice of removal proceedings. He filed for cancellation, testifying that he did not know cockfighting was illegal. The board properly found him removable as lacking good moral character. The immigrant’s argument as to a five-year period to consider his convictions was not raised before the board and the Fifth Circuit declines to reach it. Dismissed in part. Denied in part.
Court: 5th Circuit, Judge: Wilson, Filed On: June 15, 2023, Case #: 21-60391, Categories: immigration, due Process, Animal Cruelty
J. Wilson denies a Brazilian citizen’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from the immigration judge’s denial of his motion to reopen and rescind the in-absentia removal order. The immigrant argues that the board lacked jurisdiction since the record doesn’t show that his notice to appear was filed with the immigration court. The cited rule is not jurisdictional, but a claim-processing rule. Also, a form relied on by the board as part of the reconstituted record gave interpreter information as well as the immigrant’s U.S. address. It was not incorrect or obtained by coercion or duress.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 21-60798, Categories: immigration, due Process, Jurisdiction
J. Southwick affirms the Board of Immigration Appeals’ denial of the Ecuadoran native’s motion to reopen removal proceedings and rescind his in-absentia removal order. After entering the country without inspection, petitioner was detained, signing a form giving the address at which future notices could be sent upon his release. The address had one incorrect letter in the city, otherwise being correct. The eventual notice of hearing was returned: “ATTEMPTED, NOT KNOWN.” Not attending the hearing because of this, petitioner was ordered removed in-absentia. The board had jurisdiction to enter the order and petitioner forfeited his right to notice by failing to keep the immigration court apprised of his correct mailing address or to correct an erroneous address. Petition for review is denied.
Court: 5th Circuit, Judge: Southwick, Filed On: June 2, 2023, Case #: 20-60778, Categories: immigration, due Process
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