403 results for 'cat:"Immigration"'.
J. Worke reverses the district court's denial of the now-19-year-old's petition for guardianship. The district court cannot deny petitions for guardianship of at-risk juveniles without making sufficient findings to justify its rejection of allegations that the juvenile has been abandoned, abused or neglected. In this case, the district court's conclusion that the juvenile had not established that reunification with one or more parents was not viable was erroneous, since it did not make findings as to whether either of his parents showed consistent interest in his well-being or as to whether his father maintained regular contact with him. Reversed.
Court: Minnesota Court Of Appeals, Judge: Worke, Filed On: January 29, 2024, Case #: A23-0865, Categories: immigration, Guardianship, Juvenile Law
J. Pryor dismisses 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 lacks standing to assert his claim that a provision of the 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.
Court: 11th Circuit, Judge: Pryor, Filed On: January 26, 2024, Case #: 22-10416, Categories: immigration, Equal Protection
J. Thapar denies the Ghanaian immigrant's petition for review of his asylum application, ruling there is insufficient evidence to support his claim of state-sanctioned persecution based on his political beliefs. Although he was assaulted by a group of political rivals who also threatened to kill him, the threats stemmed primarily from an assault perpetrated by his friend, while he also failed to contact police about a murder involving the political rivals, which prevents him from proving the government is unwilling to protect him or prosecute the perpetrators.
Court: 6th Circuit, Judge: Thapar, Filed On: January 24, 2024, Case #: 23-3350, Categories: Evidence, immigration
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
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J. Colloton finds a lower court properly denied a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he is entitled to a "special rule" that affords him to remain in the U.S. for being a former child who had been abused by a permanent resident parent. However, the government sufficiently showed in court that his criminal history, which includes making threats of violence, justifies removal. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 23, 2024, Case #: 20-1724, Categories: Civil Rights, immigration
J. Stuart- Smith finds a lower court properly denied a citizen of Nigeria's motion to remain in the U.K. The Nigerian citizen argued that he is entitled to relief based on his marriage to a Swedish national who was granted indefinite leave to remain. However, the home department sufficiently showed in court that he has a conviction in the U.S. for conspiracy to distribute heroin. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: January 23, 2024, Case #: CA-2022-2228, Categories: immigration
J. Wilkinson finds the lower court improperly granted judgment to the property owners instead finding their policy violated the Fair Housing Act because it disproportionately ousted Latinos from the rental properties. The property owners began requiring proof of renters' legal status to renew leases, arguing they were protecting themselves against federal anti-harbouring laws. The anti-harbouring statute does not apply to landlords merely leasing to undocumented immigrants. Reversed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 23, 2024, Case #: 22-1660, Categories: immigration, Landlord Tenant, Housing
[Combined.] J. Pritzker finds that the lower court improperly declined to vacate defendant's conviction on his guilty plea to drug possession. Counsel failed to apprise defendant that the plea would make deportation to his native Haiti mandatory because the offense was an aggravated felony, creating hardship for him after two decades in the U.S. with work as a self-employed mechanic and as a parent of triplets. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 18, 2024, Case #: 113077, Categories: immigration, Ineffective Assistance, Plea
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. Maddox grants the Republic of Namibia’s motion to dismiss and denies a couple’s motion to dismiss a Namibia citizen’s claims of servitude, forced labor and unlawful passport concealment. The citizen alleges Namibia engaged in commercial activity by leasing a residence in Maryland for the couple for trafficking, but she fails to allege facts or evidence to support the lease was funded by Namibia. Namibia has sovereign immunity.
Court: USDC Maryland, Judge: Maddox, Filed On: January 16, 2024, Case #: 8:21cv3007, NOS: Other Statutory Actions - Other Suits, Categories: immigration, Tort, Immunity
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00233-CR, Categories: immigration, Trespass, Equal Protection
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00301-CR, Categories: immigration, Trespass, Equal Protection
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00295-CR, Categories: immigration, Trespass, Equal Protection
J. Petty dismisses the Russian citizen's appeal of the immigration judge's denial of his request for custody redetermination. The former Soviet and current Russian citizen was released on bail from charges of money laundering and running a prostitution ring. He says his release precludes the immigration judge from determining a flight risk involving immigration custody. A respondent’s release from federal pretrial criminal custody does not preclude an immigration judge from denying release from immigration detention. The judge must determine whether he has merited release on bond under the provisions of the Immigration and Nationality Act.
Court: Board of Immigration Appeals, Judge: Petty, Filed On: January 11, 2024, Case #: 4070, Categories: immigration, Bail, Money Laundering
J. Engelmayer finds for the government agency in a computer scientist's challenge to the government's decision to deny him an "extraordinary ability" visa. The agency reasonably did not give much credence to the man's high school awards, and found that none of the newspaper articles published in Azerbaijan about him amount to "major media." Further, the agency reasonable concluded that while the man's work "shows promise," he has not established that it already qualifies as having major significance in his field.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: January 5, 2024, Case #: 1:23cv3372, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: immigration, Agency
J. Elrod denies the El Salvadoran native's petition for review of the Board of Immigration Appeals’ denial of her application for asylum. She failed to show her government would be unable to control her persecutor. Evidence showed the Salvadoran government arrested and detained a man who had raped the petitioner, removed his first two attorneys after they were reported for offering her money to drop the case, and pursued the case even after she stopped cooperating.
Court: 5th Circuit, Judge: Elrod , Filed On: January 3, 2024, Case #: 22-60554, Categories: Evidence, immigration
J. Heyten finds the lower court improperly convicted the couple's three convictions for conspiring to obtain U.S. citizenship fraudulently for the noncitizen and making false statements in their efforts to do so. The couple met in college and married shortly after but lived on opposite sides of the country. Although the evidence was sufficient to support the jury’s verdict, the jury was allowed to consider a legally insufficient theory. The government told the jury that a form filled out by the originating citizen labeled herself as married despite the pair being separated. Because it was a separation and not a divorce, she is considered married for the form and, therefore, did not lie as the government portrayed. Vacated.
Court: 4th Circuit, Judge: Heytens, Filed On: January 3, 2024, Case #: 22-4128, Categories: Evidence, Government, immigration
J. Lee finds that the district court properly entered a conviction against an illegal immigrant for attempted illegal entry into the United States. A border patrol agent witnessed the immigrant crawling on the ground near a border fence and later admitted he was a Mexican citizen without documentation. The immigrant argued that his Miranda warning was inadequate because the agent also warned him that the post-arrest interview may be his only chance to seek asylum. Sufficient evidence supported the immigrant’s confession. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 3, 2024, Case #: 21-50031, Categories: Evidence, immigration, Miranda
J. Ripple finds that the immigration board properly denied the Indian immigrant's application for asylum based on his alleged persecution due to his support of a minority political party that is predominantly Sikh. The medical reports following the immigrant's alleged attack by opposition party members do not support his claim that he suffered broken teeth and needed stitches due to the severity of the beating. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: January 2, 2024, Case #: 23-1192, Categories: immigration, Agency
Per curiam, the circuit finds the district court improperly sentenced defendant for his conviction on charges for possession with intent to distribute marijuana and meth following a search of his vehicle that revealed 450 pounds of marijuana, loaded AR-15 magazines and 154 grams of meth. A 2-level sentencing enhancement was applied for his being an organizer of the activity, as well as a 3-level reduction for acceptance of responsibility, which resulted in a guideline level of 29. However, the 108-month sentence he received reflects the low end of level of 30, requiring review. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 29, 2023, Case #: 22-50787, Categories: Drug Offender, immigration, Sentencing
J. Gilman grants an immigrant's petition for review of the Board of Immigration Appeals’ (BIA) decision and order denying her motion to remand for the consideration of her application for asylum. The BIA abused its discretion in failing to properly evaluate whether the immigrant had established good cause for missing a filing deadline.
Court: 9th Circuit, Judge: Gilman, Filed On: December 28, 2023, Case #: 21-411, Categories: immigration
J. Grasz finds a lower court properly dismissed a native of Ghana's motion to remain in the U.S. The native of Ghana argued that he is entitled to relief based on his conditional permanent resident status. However, the government sufficiently showed in court that he failed to reside with his wife for the required three years to obtain citizenship. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 28, 2023, Case #: 22-2615, Categories: immigration
J. Contreras denies, in part, Immigration and Customs Enforcement's motion for summary judgment on a press group's Freedom of Information Act case seeking records concerning two asylum seekers and information on ways calls from detainees at ICE facilities in El Paso, Texas were limited or blocked. The agency has failed to show it conducted a good faith search for the records at issue.
Court: USDC District of Columbia, Judge: Contreras, Filed On: December 28, 2023, Case #: 1:18cv2932, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, immigration, Public Record
J. Chen dismisses all civil rights and immigration claims from a group that sued the Trump administration in 2018 when their protection status as immigrants from a half dozen countries, such as Haiti and El Salvador, was revoked. The group has continued with their claims after a series of back-and-forth appeals, but most of the protections in dispute have since been reinstated and the claims now fail for being moot.
Court: USDC Northern District of California, Judge: Chen, Filed On: December 28, 2023, Case #: 3:18cv1554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immigration
[Consolidated.] J. Benton finds a lower court properly dismissed a citizen of Guatemala and his daughter's motion to remain in the U.S. The father argued that they will face torture upon their return based on jealousy at the hands of a third party who burned his house down. However, he failed to present evidence in court that his claims are based on anything more than speculation. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 20-2397, Categories: Evidence, immigration
J. Rawlinson denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant's harassment conviction was categorically for a crime of violence aggravated felony that made him ineligible for discretionary relief from removal. Affirmed.
Court: 9th Circuit, Judge: Rawlinson, Filed On: December 27, 2023, Case #: 21-456, Categories: immigration