403 results for 'cat:"Immigration"'.
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: Fraud, Government, immigration
J. Stevens reverses and remands a trial court's order denying a non-citizen's claim of selective prosecution under the Texas Equal Rights Amendment. The defendant was arrested for criminal trespass on a railroad, a misdemeanor, pursuant to Governor Greg Abbott’s disaster proclamation in 34 counties to prevent the “ongoing surge” of illegal migrants from Mexico. The court of appeals is constrained to rule under another district's precedent, which found the state failed to show its prosecution of male, but not female, immigrants served a governmental interest in border protection. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-24-39-CR, Categories: Constitution, immigration, Trespass
J. Graber dismisses in part an immigrant's appeal from the 41-month prison sentence imposed following his guilty plea for attempted reentry by a removed noncitizen. The immigrant challenged the validity of his waiver of a grand jury indictment, but he waived the right to appeal that issue by pleading guilty unconditionally. The lower court correctly decided all other issues stemming from the matter. Affirmed in part.
Court: 9th Circuit, Judge: Graber, Filed On: April 12, 2024, Case #: 23-705, Categories: immigration
J. Papillion denies a request by the U.S. Citizenship and Immigration Services to dismiss for lack of jurisdiction a Chinese citizen's claims concerning the delay in adjudication of her request for asylum. She alleges the agency has failed to comply with a non-discretionary requirement of federal agencies that requires adjudication of asylum applications “within a reasonable time.” The provision means jurisdiction exists as a federal question under a statute governing the administration of federal agencies.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 12, 2024, Case #: 2:23cv2, NOS: Other Statutory Actions - Other Suits, Categories: immigration, Agency, Jurisdiction
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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
[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, Fraud, immigration
J. Ramirez vacates the district court's denial of a motion for a preliminary injunction filed by Indian nationals who challenge the Secretary of State's distribution of visas. Because visa demand was high, the nationals' applications were held in abeyance until visa numbers were available - a delay they challenge. However, U.S. code governing discretionary relief prevents federal courts from hearing a challenge to the department's hold policies, as the actions are left to the discretion of the Attorney General. Vacated.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 9, 2024, Case #: 23-40398, Categories: Government, immigration, Agency
[Modified.] J. Franson modifies the wording of a previously published opinion and denies a rehearing with no change in judgment. The trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: April 8, 2024, Case #: F084751, Categories: Criminal Procedure, immigration, Assault
J. Harris finds the lower court properly denied the group of immigrant's motion to dismiss. The six non-citizens indicted for illegally reentering the U.S. following their prior removal moved to dismiss their indictments on the ground that the relevant provision is unconstitutional because it was enacted with a racially discriminatory purpose. The applicable provision includes the national-origin quota system, which initially gave preference to individuals from certain European countries. The revised provision eliminates racial discrimination by adjusting its formulas and adding preferences for family reunification and non-citizens with specified skills. It also sought to ensure that the new immigration system would be free of racial discrimination, in part by eliminating bars to naturalization based on race. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: April 4, 2024, Case #: 22-4072, Categories: immigration
J. Floyd finds the Fourth Circuit lacks jurisdiction over the immigration appeal. The Yemen native was a member of the Yemeni Socialist Party, actively fought in Yemen’s civil war in 1994 where he was imprisoned. The U.S. Citizenship and Immigration Services denied his application for asylum status on terrorism grounds. Congress provides that court have no jurisdiction over decisions the authority for which is specified to be in the discretion of the Attorney General.
Court: 4th Circuit, Judge: Floyd, Filed On: April 3, 2024, Case #: 21-2010, Categories: immigration, Agency, Jurisdiction
J. Gould vacates defendant's convictions on two counts of encouraging or inducing an alien to come to, enter or reside unlawfully in the United States for private financial gain following remand from the Supreme Court. The matter is vacated because the jury instructions for the two counts omitted certain elements, making the instructions erroneous. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: April 3, 2024, Case #: 17-10548, Categories: immigration, Jury
J. Dillon grants the agency's requested remedies. The agency successfully argued that the loan company, which sells immigration bonds for indigent consumers facing deportation, misled consumers to believe they had paid cash bonds, that they owed the company a debt in the amount of cash bonds, and that the consumer's monthly payments paid down that debt.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: April 2, 2024, Case #: 5:21cv16, Categories: immigration, Consumer Law, Banking / Lending
J. Kirsch finds that the immigration board properly found the Mexican immigrant ineligible for withholding of removal. The evidence supports the board's finding that the immigrant is not being persecuted by individuals whom the Mexican government is unable or unwilling to control, as police helped him a number of times and he was permitted to transfer government jobs on multiple occasions. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 29, 2024, Case #: 21-3253, Categories: immigration
J. Biggs grants the federal government’s motion to dismiss tort allegations brought by an immigrant man who had temporary protected status when ICE arrested him. ICE agents pulled the man and his son over, citing issues with the man’s license plate. The details that followed are contested between the parties, but the man alleges he was falsely arrested and imprisoned in shackles for six or seven hours, then inexplicably let go a 25-minute drive from his vehicle. Thanks to an exception to the Federal Tort Claims Act, the ICE agents are immune from the suit.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:22cv1008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, immigration, Immunity
J. Schroeder grants U.S. Citizens and Immigration Services’ motion to dismiss federal tort claims brought by a doctor whose fiancee was denied entry to the U.S. The doctor, a U.S. citizen, met his fiancee online, then met her in person once in Australia. However, the two have not physically seen each other within two years of the date of the doctor’s petition for his fiancee’s visa application. The Department of Homeland Security created this stipulation. Because only DHS has discretion to waive it, the court lacks subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: March 26, 2024, Case #: 1:23cv657, NOS: Other Immigration Actions - Immigration, Categories: immigration, Jurisdiction
J. Vratil grants in part an immigrant's review of a decision of the Board of Immigration Appeals affirming the denial of asylum. The record supported that the immigrant experienced past harm rising to the level of persecution, that the BIA was incorrect in its internal relocation analysis for purposes of asylum and withholding of removal, and substantial evidence supported the denial of protection under the Convention Against Torture. However, substantial evidence supported the BIA’s findings that the immigrant did not suffer past torture and is not likely to suffer future torture.
Court: 9th Circuit, Judge: Vratil, Filed On: March 22, 2024, Case #: 22-211, Categories: immigration
J. Lohier finds that the district court improperly held on remand that immigration officials had detained defendant in bad faith after he was ordered released under the Bail Reform Act pending criminal trial. A general rule established in the interim permits detention of criminal defendants ordered released under the Act, and the record did not indicate defendant's detention had been pretextual or geared toward prosecution rather than deportation. Reversed.
Court: 2nd Circuit, Judge: Lohier, Filed On: March 22, 2024, Case #: 17-3904-cr, Categories: immigration, Bail
J. Wood finds that the immigration board properly denied the Honduran immigrants' application for asylum on the basis that they had been persecuted by extortionists in Honduras. The board found no evidence that the extortionists targeted the immigrant because she is a female business owner, and determined that she could avoid future harm by relocating within Honduras. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: March 21, 2024, Case #: 22-3035, Categories: immigration
J. Totenberg denies the officials' motion to dismiss the couple's mandamus action alleging that the officials unreasonably delayed adjudicating the immigrant husband's I-601A provisional unlawful presence waiver application. The couple seeks to compel the officials to adjudicate the application, which has been pending for more than two years. The waiver provision of the Immigration and Nationality Act does not strip the instant court of jurisdiction to review the couple's unreasonable delay claim because the provision precludes judicial review of actions, not inaction.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: March 21, 2024, Case #: 1:23cv1478, NOS: Other Immigration Actions - Immigration, Categories: immigration
J. Wilkinson finds the Board properly denied the Venezuelan's petition for relief from deportation. The Venezuelan argued his attempts to meet a 14-year-old for sex, which led to attempted sexual battery and electronic solicitation of minor convictions, are not crimes involving moral turpitude. He argued that attempted sexual battery was not a crime involving moral turpitude as the minimum conduct to sustain a conviction was insufficiently reprehensible. And he claimed that the electronic solicitation statute lacked the requisite culpable mens rea to be a crime involving moral turpitude. Statutes that limit convictions to defendants who knew or had reason to believe that their intentional sexual acts were directed at children categorically involve moral turpitude. Denied.
Court: 4th Circuit, Judge: Wilkinson, Filed On: March 20, 2024, Case #: 23-1238, Categories: immigration, Sex Offender, Child Victims
J. Lewis finds a lower court properly denied a group of Afghan citizens' motion to remain in the U.K. The Afghan citizens argued that they are entitled to relocation. However, the government sufficiently showed in court that they failed to establish a relationship with a relevant government department and have not made a positive contribution to the U.K. military. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: March 20, 2024, Case #: CA-2023-1534, Categories: Government, immigration
J. Bloomekatz finds the Guatemalan immigrant is not entitled to review of the immigration board's denial of her request for asylum. Although she was threatened with rape and assault if she refused to be the wife of a gang member, the threats had nothing to do with her status as a Mayan indigenous woman, while she also failed to report the threats to police and, therefore, cannot prove the government "turned a blind eye" to her harassment. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: March 20, 2024, Case #: 23-3606, Categories: Evidence, immigration
J. Bress dismisses a petition for review of the Board of Immigration Appeals after it denied an immigrant's motions for remand and administrative closure. The matter was dismissed for lack of jurisdiction.
Court: 9th Circuit, Judge: Bress, Filed On: March 19, 2024, Case #: 22-970, Categories: immigration, Jurisdiction
J. Sotomayor finds that the court of appeal improperly dismissed this immigration dispute. The court erred in its determination it did not have jurisdiction to review a hardship decision by an immigration judge. Reversed in part.
Court: US Supreme Court, Judge: Sotomayor , Filed On: March 19, 2024, Case #: 22-666, Categories: immigration, Jurisdiction
J. Thapar finds defendant's guilty plea on a charge of using a fraudulent passport did not violate his due process rights. The trial court gave the required warning regarding immigration consequences and defendant confirmed he understood his citizenship could be revoked as a result of the plea. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 16, 2024, Case #: 23-1474, Categories: Fraud, immigration, Plea
J. Franson finds that the trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: March 15, 2024, Case #: F084751, Categories: Criminal Procedure, immigration, Assault