403 results for 'cat:"Immigration"'.
J. Lewis finds the lower court erroneously denied the grandmother's petition to adopt the children for lack of jurisdiction. The Hague Convention does not apply to the children, who are both lawful permanent residents of the U.S.; therefore, the case must be remanded to allow for proper consideration of the petition. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 23, 2024, Case #: 2024-Ohio-682, Categories: Family Law, immigration
Per curiam. Her Majesty's Court of Appeal finds a lower court properly dismissed a former ISIS member's motion to remain in the U.K. The former ISIS member argued that she was wrongly deprived of her British citizenship. However, the home department sufficiently showed in court that the decision was based on national security. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Per curiam, Filed On: February 23, 2024, Case #: CA-2023-900, Categories: Civil Rights, immigration
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. Laing finds a lower court improperly dismissed a citizen of Iran's motion to remain in the U.K. The home department argued that the Kurdish national of Iran unlawfully left his homeland on foot without a passport, admitted his support of the Kurdish Democratic Party of Iran over Facebook, and participated in demonstrations alongside other Iranians. However, he presented sufficient evidence in court that he would be locked up for a significant period of time upon his return to his homeland, and would face serious abuse at the hands of Iranian authorities for participating in "low level" political activities. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: February 22, 2024, Case #: CA-2023-1065, Categories: Civil Rights, immigration
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
Per curiam, the Ninth Circuit grants a motion to place an appeal in abeyance from a joint motion pending the settlement negotiations in this case, and a related case, M.A. v. Mayorkas. The underlying matter involves the Biden administration's rule concerning the “historic surge in migration” that followed the end of the Title 42 order and to relieve “significant strain on DHS’s operational capacity at the border.”
Court: 9th Circuit, Judge: Per curiam, Filed On: February 21, 2024, Case #: 23-16032, Categories: immigration, Settlements
J. Wolford allows plaintiff to continue amended claims contending customs and border protection wrongfully revoked a Canadian attorney's membership in the "trusted traveler program," falsely arrested him, and withheld agency records. The agency's discretion is not beyond review under the Administrative Procedure Act, and the attorney plausibly alleged he had been aggrieved by being disqualified from the program. However, the attorney failed to properly name individual customs officers in constitutional claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 21, 2024, Case #: 1:23cv257, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, immigration, Public Record
J. Miller finds that the trial court properly ruled that it was in the child's best interest to return to his home country of Guatemala in an order adjudicating the child dependent. The trial court did not abuse its discretion in finding that reunification with the child's mother was viable. There is no evidence that the child or his family were personally targeted or harmed by the gangs and crime in Guatemala or that his mother failed to protect him from harm. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: A23A1764, Categories: Family Law, immigration
J. Smith finds the district court improperly determined that legislative privilege did not apply to discovery documents sought by the migrant worker advocacy group. The documents were exchanged between the Texas legislature and members of the state executive branch, and involve elections integrity. The advocacy group alleges the legislature enacted the relevant elections integrity bill intending to discriminate against minorities. This fails to implicate federal interest beyond constitutional or statutory claims of racial animus. Legislative privilege was properly invoked and protects the documents. Reversed.
Court: 5th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-50201, Categories: Elections, immigration, Privilege
J. Lefkow grants the U.S. State Department’s motion to dismiss a class action brought by former, involuntary members of the Islamic Revolutionary Guard Corps of Iran. The former Guard members had their visas to the U.S. denied on “terrorist-related inadmissibility grounds,” despite the fact that they were conscripted, not willing recruits. They filed claims for class certification, a preliminary injunction against enforcement of the “terrorist” grounds, and for the court to have an evidentiary hearing on the issue. The court nevertheless dismisses the claims on the grounds that the “law simply gives judges essentially no role in the visa decision process.”
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: February 15, 2024, Case #: 1:22cv7360, NOS: Other Immigration Actions - Immigration, Categories: immigration, Terrorism, Class Action
J. Wilkinson finds the lower court properly affirmed the U.S. Citizen and Immigration Services decision to deny residence to a citizen of the Czech Republic. The foreign citizen, who attempted twice to claim he was married to an American, was found to be lying about the first marriage, meaning for his second attempt, he didn't pass the marriage fraud bar, which prohibits the approval of petitions on behalf of any noncitizen who has previously been found to have entered into a fraudulent marriage to circumvent immigration laws. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: February 14, 2024, Case #: 22-2285, Categories: Fraud, immigration, Agency
J. Hurwitz denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. A conviction for armed robbery is categorically an aggravated felony theft offense giving rise to removability.
Court: 9th Circuit, Judge: Hurwitz, Filed On: February 14, 2024, Case #: 23-9, Categories: immigration, Robbery
J. Wilson finds the district court properly convicted the Mexican citizen defendant for possession of a firearm by an illegal alien. Defendant has admitted to entering the country illegally on other occasions, as well as having been arrested for such. Most recently, defendant's pregnant wife called police, alleging he assaulted her and threatened to shoot her in the stomach, and the firearm was found in his truck. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 12, 2024, Case #: 22-30821, Categories: Evidence, Firearms, immigration
J. Sutton finds the lower court properly dismissed the immigrants' request for civil penalties after the government inadvertently filed an unsealed affidavit in response to the immigrants' visa application complaint. Although federal law prevents disclosure of applicants' personal information, not only had the immigrants already disclosed the identifying information in previous filings, but the government requested the affidavit be sealed the following day; therefore, any disclosure was negligent, not willful. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: February 9, 2024, Case #: 23-5867, Categories: Civil Procedure, immigration, Negligence
J. Tunheim denies the immigration officials' motion to dismiss the Ethiopian refugee's suit seeking action on his seven-year-old petitions for derivative refugee status for his wife and sons. Approval of those petitions a month after the filing of this action did not render the refugee's claims moot, since while that approval made the Department of State, rather than the Department of Homeland Security, responsible for the refugee's case, the immigration officials retain jurisdiction over his claims until either his petition is denied or travel authorization is issued. The seven-year delay is therefore sufficient to state an unreasonable-delay claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv902, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, immigration
J. Cobb finds a lower court properly dismissed a native of China's motion to remain in the U.K. The Chinese national argued that he is entitled to judicial review based on his Tier 2 skilled worker, a financial analyst. However, the home department sufficiently showed in court that he may have engaged in money laundering. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Cobb, Filed On: February 7, 2024, Case #: CA-2022-156, Categories: Employment, Government, immigration
J. Liebmann dismisses the Argentinian citizen's appeal of the immigration judge's denial of his petition to remove conditions on his residence. The immigrant's wife, a U.S. citizen, withdrew the petition to remove conditions, alleging their marriage was fraudulent. Although the immigrant claims his wife withdrew the petition under duress because she was facing pending criminal charges, she did not testify on his behalf nor provide an affidavit to support his assertions.
Court: Board of Immigration Appeals, Judge: Liebmann , Filed On: February 7, 2024, Case #: 4072, Categories: Fraud, immigration
J. Pryor vacates the original panel opinion in this case and substitutes the instant opinion denying the immigrant's petition for review of the decision to remove him to Jamaica after he was convicted of aggravated felonies. The immigrant was brought to the United States by his father, who is a naturalized citizen, and was admitted as a lawful permanent resident. The immigrant claimed that a provision of a statute disallowing naturalized unmarried fathers from transmitting citizenship to their children violates the equal protection guarantee of the Fifth Amendment by discriminating based on race and sex. The immigrant would not have derived citizenship from his father even if the provision treated mothers and fathers the same. The immigrant's mother never naturalized and the mother's maternity was established, therefore the sex classification did not affect the denial of his citizenship claim.
Court: 11th Circuit, Judge: Pryor, Filed On: February 7, 2024, Case #: 22-10416, Categories: immigration
J. Underhill finds a lower court properly denied a Turkish national's motion to remain in the U.K. The Turkish national argued that he is entitled to relief based on his marriage to a British national. However, the home department presented sufficient evidence in court that he is removable for possessing an illegal Glock 17semi-automatic pistol without a firearm certificate. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Underhill, Filed On: February 6, 2024, Case #: CA-2023-606, Categories: immigration
J. Miller enters an order amending a previous Ninth Circuit opinion directing that no further petitions for rehearing be allowed in an immigration matter. An immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The immigrant alleged that the criminal charges were misapplied to him and that they actually involved his brother.
Court: 9th Circuit, Judge: Miller, Filed On: February 6, 2024, Case #: 20-72510, Categories: immigration
J. Richardson grants the government officials' dismissal motion in this immigration action without prejudice based on a lack of jurisdiction. The petitioner seeks a decision on his waiver application, which has allegedly been pending for over two years. However, the majority of the courts have found "that judicial review is precluded."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: February 5, 2024, Case #: 3:23cv527, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, immigration, Jurisdiction
J. Pitman dismisses a putative class action brought by male migrants against Governor Greg Abbott and other officials alleging they were “channeled into a separate criminal system” after being arrested for criminal trespass as part of Operation Lone Star — Texas’ state operation to counter human and drug smuggling — rather than being processed “through the normal state jail system.” The migrants said they sometimes “waited for weeks or months” for a defense attorney and were “detained for extended periods of time after they were eligible for release.” The migrants’ claims fail for a number of reasons, including because they have failed to show “direct involvement” of state officials in allegedly unconstitutional policies and because higher courts have rejected their arguments that they could seek injunctive relief despite no longer being in prison.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: February 5, 2024, Case #: 1:22cv397, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, immigration
[Consolidated.] J. Benton finds a lower court properly granted a Liberian citizen's motion to appeal a lower court's dismissal of his request to remain in the U.S. The government argued that the citizen of Liberia is not entitled to relief based on his drug use, aggravated robbery, and shoplifting. However, he presented sufficient evidence in court that his actions stemmed from his mental health and that he consistently takes his medication for psychiatric issues, which includes hearing voices, which may have stemmed from being sexually abused by a man when he was a child in a shelter. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: February 1, 2024, Case #: 22-3262, Categories: immigration
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
Per curiam, the circuit finds the Board of Immigration Appeals improperly denied the Chinese citizen's applications for asylum, withholding of removal and relief under the convention against torture. The immigrant entered the country in Los Angeles without proper documentation, later moved to Oklahoma, and further hearings took place in the Dallas immigration court. The case was never transferred back to Los Angeles before Ninth Circuit precedent was incorrectly applied in denying his applications. Fifth Circuit precedent must be applied. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-60642, Categories: Evidence, immigration, Jurisdiction
J. Benton finds a lower court properly denied a defendant's petition for review to remain in the U.S. The defendant, an indigenous Guatemalan citizen, argued that he is obligated to stay in the country to help his father with medical debt after he was unable to repay a third party, who threatened him. However, the government sufficiently showed that the defendant paid his father's debt and that he would not face persecution on return to his native land. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: January 30, 2024, Case #: 22-3372, Categories: immigration
J. Richardson finds the board properly denied the petition for asylum. The petitioner failed to show that his persecution by MS-13 gang members was on account of his membership in a protected group. The claimed social group of “Salvadoran males without male protection” is not cognizable, and even if it was, the petitioner has not established that he was a part of that group as he primarily lived with his uncles during the time he was extorted. Petition denied.
Court: 4th Circuit, Judge: Richardson, Filed On: January 30, 2024, Case #: 22-1808, Categories: immigration, Gangs, Extortion