403 results for 'cat:"Immigration"'.
J. Motz finds the lower court improperly denied the Ghanaian's withholding of removal application. The Ghanaian faces deportation after being convicted of participating in a romance fraud scheme — in which members of the conspiracy made false romantic advances online to induce victims, many of whom were isolated or elderly, to send the conspirators money, who in turn sent the money to a militia in Africa. The lower court found that the amount of loss, the length of the scheme, and its effects on multiple vulnerable victims demonstrated that his crime was particularly serious. Because he was only a middleman between the fraudsters and their Ghanaian allies, he did not present a danger to the community and did not commit a serious enough crime to be barred from relief. Reversed.
Court: 4th Circuit, Judge: Motz, Filed On: March 15, 2024, Case #: 23-1281, Categories: Fraud, immigration, Elder Abuse
J. Readler finds the immigration panel properly determined the class of "mistreated women" proposed by the El Salvadoran immigrant did not constitute a distinct social group protected under U.S. immigration law. Although they suffer from mistreatment at the hands of gangs, the group is overly broad and is not distinct from other sets of individuals in the country. However, the panel failed to provide any analysis of its decision to deny protected social group status to the immigrant's family; therefore, the case must be remanded for proper analysis of that social group and whether it entitles the immigrant to protection from removal. Affirmed in part.
Court: 6th Circuit, Judge: Readler, Filed On: March 15, 2024, Case #: 21-3334, Categories: Evidence, Government, immigration
[Consolidated.] J. Newsom denies the immigrant's petition for review of the decision by the Board of Immigration Appeals dismissing the appeal of his application for adjustment of status and denying his motion for reconsideration. The board applied the correct standard in rejecting the immigrant's claim and finding that the immigrant was not entitled to discretionary relief in light of his criminal record and bad character.
Court: 11th Circuit, Judge: Newsom, Filed On: March 15, 2024, Case #: 22-11065, Categories: immigration
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. Burns grants a corrections management service's motion to dismiss an asylum seeker's state law negligence claims alleging that the United States caused her to suffer a miscarriage. An expert opined based on prior ultrasounds and doctor's visits that the asylum seeker's pregnancy failed prior to being apprehended by U.S. Border Patrol agents and that nothing could have been done to prevent the loss. Furthermore, the asylum seeker was given a bottom bunk, extra food and medical care, and fails to show that she wasn't provided proper care during her detention.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 12, 2024, Case #: 3:20cv82, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immigration, Negligence
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J. Macur finds a lower court properly dismissed a non- British civilian's motion to remain in the U.K. The civilian argued that he automatically acquired citizenship at birth after his mother, a French national, settled in the U.K. However, the home department sufficiently showed in court that his mother was not free from immigration restrictions at the time of his birth. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Macur, Filed On: March 12, 2024, Case #: CA-2023-277, Categories: immigration
J. Christen finds that the district court properly issued an order denying an illegal immigrant's motion to dismiss his indictment after being a previously removed alien found in the United States on equal protection grounds but reversed the district court’s order denying his motion to dismiss. The matter is remanded for further proceeding. The illegal immigrant was originally removed from the United States in 2013 through an expedited process after an immigration officer determined that his 2005 conviction for carjacking was an aggravated felony under the Immigration and Nationality Act (INA) because it qualifies as a “crime of violence.” Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: March 12, 2024, Case #: 22-50146, Categories: immigration
J. Hodges finds that the juvenile court improperly determined that it lacked jurisdiction to enter a finding that it would not be in the immigrant child's best interest to be returned to Honduras. The juvenile court found the child dependent and awarded his sister custody and guardianship of him. The juvenile court had a duty to consider and make findings regarding all of the special immigrant juvenile factors. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1659, Categories: immigration
J. Agee finds the lower court properly dismissed the immigrant's writ of habeas corpus petition. The petitioner has to remain in custody during his lengthy immigration procedures because he has evaded court hearings before and is considered a danger to the community because of his criminal history in El Salvador, involving a murder charge and continued membership in the gang MS-13. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: March 11, 2024, Case #: 22-7365, Categories: immigration, Habeas, Prisoners' Rights
J. VanDyke grants an immigrant's petition for review of the Board of Immigration Appeals’ decision upholding the denial of asylum. The agency did not properly evaluate whether the immigrant's supporting evidence supported her claims of past persecution in Zambia on account of her sexual orientation.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 11, 2024, Case #: 21-895, Categories: immigration
J. Sullivan finds that the board of immigration appeals properly held that plaintiff, a Hong Kong native, was deportable for theft and forgery as crimes of moral turpitude. In the action, the agency defined "conviction" as indicating that the predicate proceedings included constitutional protections for the accused, such as speedy trial and confrontation rights, and determined those circumstances had been present. Meanwhile, the statutory phrase "crime involving moral turpitude" is not unconstitutionally vague. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: March 11, 2024, Case #: 22-6185, Categories: Constitution, immigration
J. Tipton shoots down 21 states’ challenge to the Department of Homeland Security’s parole program that grants a “pathway for parole” in the U.S. to up to 360,000 nationals from Cuba, Haiti, Nicaragua and Venezuela each year, finding they lack standing.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: March 8, 2024, Case #: 6:23cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, immigration
J. Elrod denies the El Salvadoran citizen's petition for rehearing. The immigration judge has previously adjudicated the immigrant removable for lacking documentation. Though the immigrant says she will suffer harm for having reported a rape if returned to El Salvador, the immigration judge determined she had not been harmed for a political opinion or membership in a social group. She also did not show the government would be unwilling or unable to protect her. The Board of Immigration Appeals has not given standards for evaluating when and how single-member panels should exercise discretion to refer a case to a three-member panel, and the circuit lacks jurisdiction.
Court: 5th Circuit, Judge: Elrod , Filed On: March 8, 2024, Case #: 22-60554, Categories: immigration, International Law, Jurisdiction
J. Aarons finds that the unemployment insurance appeal board properly held a tree farm/nursery liable for additional contributions on remuneration paid to immigrant seasonal workers. Labor law amendments that provide farm workers greater rights specifically exclude workers with temporary U.S. agricultural visas from consideration as employees, but the amendments lack a retroactivity provision shielding the tree farm from liability for past practices. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 7, 2024, Case #: 536000, Categories: immigration, Labor
J. Carnes substitutes the previous panel opinion in the case with the instant opinion partially denying and partially dismissing the Jamaican immigrant's petition for review of the Board of Immigration Appeals' decision dismissing his appeal from an immigration judge's removal order. The board correctly found that the immigrant is an aggravated felon and is therefore ineligible for cancellation of removal or asylum based on his Georgia family violence battery conviction. The order modifying the immigrant's sentence from his original 12-month probation sentence to a sentence of 11 months and 27 days did not change his term of imprisonment under federal immigration law. The sentence modification order was issued after defendant completed his sentence and only for the purpose of preventing removal.
Court: 11th Circuit, Judge: Carnes, Filed On: March 6, 2024, Case #: 19-15077, Categories: immigration
J. Burnett finds a lower court improperly dismissed a native of Romania's challenge of an extradition order. The government argued that he is extraditable for a charge of burglary, and that he failed to show up to court. However, the Romanian citizen sufficiently showed in court that he was not deliberately absent, and that he is entitled to a retrial. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC10, Categories: Civil Rights, immigration
J. Bumatay finds that the district court properly entered convictions for conspiracy and aiding and abetting the receipt of the proceeds of extortion. Defendants alleged that the conviction in question for extortion required knowledge that the money at issue was obtained from extortion, which the panel rejected. However, the restitution amount is vacated and the matter is remanded for recalculation. The case centers on a conspiracy to kidnap Mexican nationals seeking to enter the United States illegally and extort ransom payments from their families. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: March 5, 2024, Case #: 22-50046, Categories: immigration, Conspiracy, Extortion
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: Employment, immigration, Jurisdiction
J. Readler denies the Mexican immigrant's petition for review of the Board of Immigration Appeals' denial of her asylum application, ruling "restaurant owner" is not a particular social group that can be afforded relief from deportation. Although the immigrant was harassed and threatened by gangs shortly after she opened her restaurant in Mexico, "business owners" is not a definable group and has no unifying characteristic that could render it protected under federal immigration; therefore, the board properly denied her application. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: March 4, 2024, Case #: 23-3664, Categories: Evidence, immigration
J. Loken finds a lower court properly dismissed a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he was entitled for relief under the Convention Against Torture for being forced to transport weapons and drugs under the direction of the MS-13 gang, and that he would face maltreatment for being homosexual. However, he failed to present evidence in court that he was mistreated by police, gang members, and government authorities based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: March 4, 2024, Case #: 22-3565, Categories: Civil Rights, immigration
Per curiam, the circuit denies the Honduran national's petition for review. After the Board of Immigration Appeals affirmed the denial of his application for asylum, the immigrant sought to apply for adjustment of status based on his marriage to a U.S. citizen. Though the immigrant demonstrated a credible fear of persecution or torture if returned to Honduras, and was paroled for temporary entry, he was ordered removed for seeking entry without valid documents. He has not demonstrated eligibility for an adjustment of status since, as conceded, he is inadmissible.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-60022, Categories: Administrative Law, immigration, International Law
J. Bress denies an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of a denial of asylum. The board did not commit legal error in finding that the immigrant's proposed social group lacked particularity and that substantial evidence supported the denial of conventions against torture relief.
Court: 9th Circuit, Judge: Bress, Filed On: March 1, 2024, Case #: 21-1244, Categories: immigration
J. Tunheim grants the immigrant's motion for summary judgment and vacates the immigration officials' denial of his application for adjustment of status. The immigrant did not render himself inadmissible by by joining an organization, after leaving Liberia, which fundraised for the United Liberation Movement for Democracy, a group which opposed Charles Taylor and his National Patriotic Front of Liberia. The immigration officials have not alleged that he engaged in a "terrorist activity" in doing so. The immigration officials' determination that the group was a Tier III terrorist organization was also arbitrary and capricious, and must be set aside. Finally, the immigrant has demonstrated by clear and convincing evidence that he neither knew or should have known that the group was a terrorist organization.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 1, 2024, Case #: 0:18cv3163, NOS: Other Immigration Actions - Immigration, Categories: immigration, Terrorism
J. Lewis finds a lower court properly deported a native of Uganda's motion to remain in the U.K. The native of Uganda argued that he was entitled to remain after he was falsely imprisoned in the U.K. However, the government sufficiently showed in court that he is deportable under the U.K. Borders Act for aggravated burglary.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: February 29, 2024, Case #: CA-2023-63, Categories: Civil Rights, immigration
J. Benton finds a lower court properly dismissed a citizen of Mexico's motion to reopen his bid to remain in the U.S. The citizen of Mexico argued that he is entitled to relief. However, the Department of Homeland Security sufficiently showed in court that he failed to appear in court. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 27, 2024, Case #: 22-3653, Categories: immigration
J. St. Eve finds that the immigration board erred by reinstating an El Salvadoran citizen's removal order after he re-entered the U.S. because he feared he would be killed by gangs in his home country. The board "actively ignored" the evidence relied upon by the immigration judge who granted him asylum, and inappropriately reweighed the evidence rather than showing deference to the immigration judge's factual findings. Reversed.
Court: 7th Circuit, Judge: St. Eve, Filed On: February 27, 2024, Case #: 21-2284, Categories: immigration
J. Boyle grants an Army officer’s motion to dismiss allegations of harassment brought by a soldier support worker after the worker refused to give the officer a requested file. The worker filed an EEOC complaint after the officer supposedly threatened her position for refusing to give the officer a requested file. The worker was subsequently fired. However, as the officer is a federal employee, she correctly claims sovereign immunity, so the claim lacks subject-matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 26, 2024, Case #: 5:23cv430, NOS: Other Statutory Actions - Other Suits, Categories: Employment, immigration, Jurisdiction