403 results for 'cat:"Immigration"'.
J. Bell grants U.S. Citizen and Immigration Services (USCIS) its motion for summary judgment following an appeal of its decision to deny an engineering firm’s petition on behalf of one of its staff for nonimmigrant work status. The firm transferred the staff member, a Canadian mechanical engineer, to the U.S. for a particular job position. Her petition to be allowed to work as a nonimmigrant in the U.S. was approved at the U.S.-Canada border, not as per usual with USCIS, as Canadians are permitted to do this. However, when the firm applied for an extension after the year ended, USCIS denied the application as it determined the tasks assigned the staff member did not require special skills or training, so the position could be filled by a U.S. citizen. As USCIS's decision was not arbitrary, capricious, nor an abuse of its powers, its determination stands.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 27, 2023, Case #: 5:23cv75, NOS: Other Immigration Actions - Immigration, Categories: Government, immigration
J. Johnson answers a series of certified questions regarding an underlying dispute over the wage practices involved with paying civil immigration detainees. Under state law, detained workers at private detention facilities are considered "employees" and are subject to the state's minimum wage requirements. The state's government-institutions exemption does not apply to the work performed by those detainees, and equitable relief is not barred by a damages award issued to the class in the underlying case.
Court: Washington Supreme Court, Judge: Johnson, Filed On: December 21, 2023, Case #: 101786-3, Categories: Employment, immigration
J. Soto finds a lower court erred in denying a migrant's pretrial writ of habeas corpus after he was arrested for trespassing as part of Texas' push to deter undocumented migration on the southern border. An appeals court has already ruled the practice is likely unconstitutional since the state is targeting men. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 20, 2023, Case #: 08-23-00285-CR, Categories: Constitution, immigration, Trespass
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
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J. Ho finds the Board of Immigration Appeals properly ordered the removal of the Mexican immigrant based on a conviction for aggravated sexual assault with a deadly weapon. Aggravated sexual assault with a deadly weapon is a crime of violence and an aggravated felony for purposes of federal immigration law. The petition for review is denied.
Court: 5th Circuit, Judge: Ho , Filed On: December 18, 2023, Case #: 23-60102, Categories: immigration, Sex Offender
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, immigration
J. Crone finds that the trial court improperly ruled in a paternity action because the mother failed to present evidence indicating the child should have been granted special immigrant juvenile status or that the father had abandoned the child. Thus, the matter should return to the trial court to grant motions supporting the findings. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: December 13, 2023, Case #: 23A-JP-1436, Categories: Family Law, immigration
J. Soto remands to lower court a case involving a noncitizen male arrested for trespassing as part of Operation Lone Star. The migrant argued that he was selectively prosecuted because of his gender — and because of a recent Fourth Court of Appeals ruling, his case, like those of other similarly situated migrants, is entitled to review.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 12, 2023, Case #: 08-23-00196-CR, Categories: immigration, Civil Rights
J. Brown finds that the juvenile court properly found the immigrant child to be dependent and awarded temporary custody of the child to the uncle. However, the juvenile court failed to make findings related to the child's special immigrant juvenile status. The case is remanded to allow the juvenile court to make specific written findings as to five immigration factors. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 12, 2023, Case #: A23A1775, Categories: Family Law, immigration
J. Singh finds a lower court properly dismissed the home department's motion for an immigration exemption concerning the processing of personal data rights under the U.K. General Data Protection Regulation. The home department argued that a processing data exception is within the public interest. However, a grassroots organization presented sufficient evidence in court that processing personal data based on a civilian's political opinions, race, religious beliefs, and biometric information is prohibited under the Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: December 11, 2023, Case #: CA-2023-763, Categories: Civil Rights, Government, immigration
J. Moore finds the Guatemalan immigrant is entitled to partial review of the immigration board's denial of her application for asylum. Although personal animosity alone is insufficient to prevent removal from the U.S., the mother-in-law's threats to kill the immigrant if she ever returned were also based on her status as a Chuj woman - viewed as witches and deemed property of their husbands in Guatemalan culture - and so the board must analyze whether both motives were inextricably intertwined such that it allows for the grant of asylum.
Court: 6th Circuit, Judge: Moore, Filed On: December 8, 2023, Case #: 23-3059, Categories: Evidence, immigration
J. Forrest finds that the district court properly entered a dangerous-weapon enhancement concerning defendant's conviction and sentence after border patrol agents found a stun gun and several packages of personal-use drugs in defendant's driver-side door compartment. Defendant was detained and searched following a notification to watch for a rental car matching the general description of defendant's vehicle. Defendant was transporting two Mexican citizens without authorization to be in the United States. However, the panel vacated the sentence and remanded for the district court to determine whether defendant played a minor role in the transportation of illegal aliens. Defendant was paid to transport the two individuals from Jacumba, California to Spring Valley, California. Affirmed.
Court: 9th Circuit, Judge: Forrest , Filed On: December 8, 2023, Case #: 22-50222, Categories: immigration, Weapons
J. Brennan finds that the immigration board correctly found the immigrant removable due to his conviction of complicity to first-degree robbery in Kentucky. The state's complicity law is not overbroad with respect to generic aiding-and-abetting liability, and was properly categorized as a crime of violence. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: December 7, 2023, Case #: 22-2383, Categories: immigration, Agency
J. Douglas grants the El-Salvadoran immigrant's petition for panel rehearing on the Board of Immigration Appeals' denial of his application for withholding of removal. The immigrant, a Christian minister who has been harassed and threatened by the violent MS-13 gang, testified that threats and attacks have also been inflicted on his family. The board incorrectly required evidence of physical harm to show persecution, as death threats constitute persecution when they are objectively credible. The asylum officer and immigration courts deemed the immigrant credible, and evidence corroborated his testimony the threats occurred. Reversed.
Court: 5th Circuit, Judge: Douglas , Filed On: December 5, 2023, Case #: 22-60307, Categories: Evidence, immigration, International Law
J. Cabranes finds that the board of immigration appeals properly denied asylum on grounds that plaintiff, who feared future persecution due to his political affiliations, could safely relocate within his home country of India. Plaintiff's contention that he had been "living in hiding" before coming to the U.S. was rebuffed by evidence that he openly drove a taxi and attended political party meetings without incident. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 5, 2023, Case #: 20-1673-ag, Categories: immigration
J. Gruender finds a lower court properly dismissed a defendant's challenge of removal proceedings for sexually abusing a minor. The defendant, a Native of Mexico, argued that "sexual abuse of a minor" is generic. However, the government sufficiently showed in court that sexual abuse of a minor is an aggravated felony. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 4, 2023, Case #: 22-3598, Categories: immigration, Sex Offender
J. Malphrus dismisses this appeal concerning an immigration judge's denial of the Mexican citizens' applications for asylum and withholding of removal. A criminal cartel forced the citizens off their land in Mexico and they applied for asylum in the U.S. based on their membership in a particular social group consisting of their family and perceived members of their household. The Mexican citizens did not show a connection between the claimed harm and their membership in the social group, but rather the cartel is found to have been motivated by a desire to control the land, rather than by family membership.
Court: Board of Immigration Appeals, Judge: Malphrus, Filed On: December 1, 2023, Case #: 4068, Categories: Evidence, immigration
J. Nguyen finds that the district court properly denied injunctive relief in several cases in which individuals sued to compel U.S. Citizenship and Immigration Services to act on their applications for adjustment of status. The individuals are natives of India who have lawfully worked in the United States for years after their employers sponsored them for immigrant visas. The individuals have been waiting in a visa queue for more than 10 years. After the State Department estimated that it had reached the individuals’ places in line for adjustment of status, the State Department then revised its forecast and concluded that it had hit the visa cap for the year. The consolidated plaintiffs are unlikely to succeed on the merits. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: December 1, 2023, Case #: 22-16700, Categories: Employment, immigration
J. Soto remands to lower court several cases, including this one, 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.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00204-CR, Categories: Constitution, immigration, Trespass
J. Soto remands to lower court several cases, including this one, 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.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00201-CR, Categories: Constitution, immigration, Trespass
J. Soto remands to lower court several cases, including this one, 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.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00203-CR, Categories: Constitution, immigration, Trespass
Per curiam, the circuit finds the Board of Immigration Appeals properly dismissed the Chinese student's appeal of the order of removal. After having been lawfully admitted into the U.S. on a student visa, it was found the student had never attended the school for which the visa was granted. The board properly affirmed the immigration judge's denial of his application for asylum and protection on an adverse credibility determination, as there were various inconsistencies between the student's testimony and documentary evidence.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 30, 2023, Case #: 22-60641, Categories: Education, Evidence, immigration
J. Soto remands to lower court several cases, including this one, 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.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00200-CR, Categories: Constitution, immigration, Trespass
J. Soto remands to lower court several cases, including this one, 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.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00202-CR, Categories: Constitution, immigration, Trespass
J. Moses denies the state of Texas’ motion for a temporary injunction after it sued federal agencies and officials over their destruction of razor-wire fencing installed by Texas on the U.S.-Mexico border. Texas has not yet established that destruction of its fencing resulted from a “final agency action” by the feds, rather than individual decisions by Border Patrol officials who, for example, may need to cut open fencing in order to rescue migrants from the Rio Grande.
Court: USDC Western District of Texas , Judge: Moses, Filed On: November 29, 2023, Case #: 2:23cv55, NOS: Other Statutory Actions - Other Suits, Categories: Government, immigration, Federalism
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
J. Graber denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant's conviction for possessing a controlled substance with intent to deliver was a drug trafficking aggravated felony that made him removable.
Court: 9th Circuit, Judge: Graber, Filed On: November 29, 2023, Case #: 22-1168, Categories: Drug Offender, immigration