403 results for 'cat:"Immigration"'.
J. Goodwin dismisses the petition to remain in the US filed by the relative of the US citizen-adopted child. The grandmother of the Cabo Verde citizen adopted the child in Massachusetts. She did not submit sufficient evidence showing the child was not a habitual citizen of Cabo Verde, and the director issued a notice of intent to deny. The petitioner submitted documents to the board on appeal that were not submitted to the director. Though she says that she made “many unsuccessful attempts to contact the Hague Central Authority of Cabo Verde," the board will not accept evidence offered for the first time on appeal.
Court: Board of Immigration Appeals, Judge: Goodwin , Filed On: May 17, 2024, Case #: 4075, Categories: Family Law, immigration, International Law
J. Dennis finds the district court properly convicted defendant for transporting undocumented aliens. Defendant was arrested after a Border Patrol canine alerted to the presence of people in his tractor trailer. At trial, defendant sought to suppress, arguing that the dog could not provide reasonable suspicion to search the vehicle because it cannot reliably differentiate between scents of a driver and others concealed in the vehicle. The canine is specifically trained to detect concealed humans, and alerts to stimulus such as respiratory and posture changes. The dog's alerts and indications provided the agent with reasonable suspicion to conduct the search, and defendant's motion to suppress was properly overruled. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: May 17, 2024, Case #: 23-40366, Categories: immigration, Search
J. Wright grants immigrants' rights groups' motion for partial summary judgment regarding allegations that “knock and talks” by Immigration and Customs Enforcement, in which officials enter residences to arrest occupants, are unconstitutional. The groups allege "ICE officers misrepresent themselves as police or probation to trick individuals into granting them entry" and then arrest the individuals without a warrant. “Knock and talks," which "can be more accurately termed 'knock and arrests'," violate the Fourth Amendment and "the Court deems it appropriate to vacate Defendants’ unlawful policies."
Court: USDC Central District of California, Judge: Wright, Filed On: May 15, 2024, Case #: 2:20cv3512, NOS: Other Immigration Actions - Immigration, Categories: Constitution, immigration
Per curiam, the appellate division finds that attorney Alexander R. Cane must be subjected to reciprocal discipline based on a finding that he committed misconducted toward judges and staff in a New Jersey immigration court. He verbally insulted them in speech and in email, but he also has no formal prior disciplinary record and 30 years of practice helping underrepresented clients. He made an apology and a display of remorse as well, but these do not eliminate the need for discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02668, Categories: immigration, Attorney Discipline
J. Wilkinson finds the board properly denied the Salvadoran's petition. When he was twenty-six years old, he began a sexual relationship with a fifteen-year-old child. After an initial arrest in March 2017, he violated the protective order by having sex with the victim at least two more times while on bail. The Immigration and Nationality Act instructs that any noncitizen convicted of a crime of child abuse, child neglect or child abandonment is subject to removal. The crime fits into the definition of abuse because it is well established that touching a child’s private areas for sexual gratification causes actual harm to a child. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: May 14, 2024, Case #: 23-1676, Categories: immigration, Sex Offender, Child Victims
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J. Brailsford grants the government's motion to dismiss an immigrant's motion seeking judicial review of the denial of his application for a nonimmigrant U-visa and denial of his inadmissibility waiver application. The court lacks jurisdiction to review his inadmissibility, therefore he is ineligible to obtain a visa.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 14, 2024, Case #: 1:22cv291, NOS: Other Statutory Actions - Other Suits, Categories: immigration
J. Blakey partially grants motions for summary judgment from both a collection of immigrant rights and civil rights advocacy groups, and the U.S. Immigration and Customs Enforcement agency. The advocacy groups seek documents from the agency related to its “Citizens Academy” programs via Freedom of Information Act requests. The agency styles as the Citizens Academies as community outreach programs but it has been slow to produce the information the advocacy groups seek, and some of the documents it has produced have redactions. The court finds the agency’s search for relevant records has been adequate in all but one regard, and orders both parties to prepare a sample of contested documents for in-camera review.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: May 8, 2024, Case #: 1:21cv2519, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, immigration, Public Record
J. Nguyen grants an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of an immigration judge’s denial of a motion for reconsideration and termination of an underlying removal order based on a defective notice to appear.
Court: 9th Circuit, Judge: Nguyen, Filed On: May 7, 2024, Case #: 19-72446, Categories: immigration
J. Erickson finds a lower court properly dismissed a Mexican citizen's request to remain in the U.S. The citizen of Mexico argued that he would face persecution at the hands of a local drug cartel upon his return to his native land. However, he failed to present sufficient evidence in court that he is part of a membership in a social group that is vulnerable to gang violence. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 6, 2024, Case #: 23-3018, Categories: immigration
[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: Drug Offender, Evidence, immigration
J. Smith denies the Mexican citizens' petition for review of the Board of Immigration Appeals' denial of their application for asylum and relief under the Convention Against Torture. Petitioners entered the U.S. without documentation and say that the Mexican Navy will persecute and torture them in order to stop the mother's campaign to hold the military responsible for her son's disappearance. Though the immigrants are not required to establish past persecution in order to support the possibility of future persecution, that the mother had publicly spoken out against the Navy via news media repeatedly for months without suffering harm does not support the claims of persecution.
Court: 5th Circuit, Judge: Smith , Filed On: May 1, 2024, Case #: 23-60089, Categories: Evidence, immigration, International Law
J. Grant finds that the district court properly denied the father's petition seeking the return of his son under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. The mother took the child from Venezuela without the father's knowledge or permission and moved to Florida. The district court correctly found that the Convention did not require the child's return because the father filed the petition more than a year after the child was removed from Venezuela and the child is settled in his new environment. Although the outcome of the mother's asylum petition has not yet been decided, that fact does not outweigh the evidence of the child's connections to his new community. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 23-12566, Categories: immigration
J. Peterson grants the U.S. government officials' motion to dismiss the husband and wife's lawsuit asking the court to compel the officials to finish adjudicating a family-based visa petition conditionally approved in 2022 for the wife, who is a citizen of Uganda. Given controlling case law, the husband and wife have not proven their 18-month wait for a consular interview is unreasonable, in part due to evidence in the record of backlogs caused by the Covid-19 pandemic.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 1, 2024, Case #: 3:23cv520, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, immigration, Covid-19
J. Moore grants the El Salvadoran immigrant's petition for review of his removal order, ruling the immigration panel erroneously considered him statutorily ineligible for cancellation of removal as a result of his Tennessee domestic violence conviction. That crime does not necessarily involve the use of physical force and, therefore, is not a crime of violence.
Court: 6th Circuit, Judge: Moore, Filed On: April 30, 2024, Case #: 23-3004, Categories: Civil Procedure, immigration
Per curiam, the circuit denies the Mexican citizen's petition for review of the denial of withholding of removal. Though the immigrant has established membership in the LGBTQ social group as a transgender woman and, therefore, having a greater chance of being assaulted, tortured, or murdered in Mexico, the potential incidents cited do not rise to the level necessary to support withholding of removal. Though it may be true the police target transgender women, reversal under the substantial evidence standard is improper unless evidence not only supports reversal but compels it.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-60225, Categories: immigration, Lgbtq
J. Ezra partially grants Texas’ motion to dismiss after the federal government sued the state and Governor Greg Abbott over its “buoy barrier” in the Rio Grande, which was installed in the national water boundary “without any federal authorization.” While the United States can proceed with claims under the federal Rivers and Harbors Act, it cannot pursue claims based on the 1848 Treaty of Guadalupe Hidalgo because the treaty is “not self-executing” and does not “provide any specific standard or rule of decision for a domestic court to follow.” Nonetheless, while Texas has asserted that it has “territorial rights” to protect itself from a migrant “invasion,” “the Founding Fathers conceptualized invasions as a part of war” and not due to migration.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: April 26, 2024, Case #: 1:23cv853, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, immigration
J. Kirsch dismisses the South African immigrant's appeal of the cancellation of his removal based on having overstayed his visa. The immigrant was twice arrested on domestic violence charges, and, although the charges were dismissed, the board reasonably found that his criminal history made him ineligible to cancel his removal proceedings.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 25, 2024, Case #: 23-2208, Categories: immigration
J. Lewis finds a lower court properly dismissed a Bangladesh national's motion to remain in the U.K. The Bangladesh national argued that he is entitled to live in the U.K. based on his tier one highly skilled person. However, the Home Department sufficiently showed in court that he invested in a bogus company that made fraudulent transactions. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: April 25, 2024, Case #: CA-2023-1822, Categories: immigration
J. Sales finds a lower court improperly dismissed the Secretary of State for the Home Department's order to deport a native of Belarus. The native of Belarus argued that he is entitled to remain in the U.K. in order to shed his limbo status. However, the Home Department sufficiently showed in court that he was convicted for carrying a false identity document, which landed him in prison for 10 months. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: April 24, 2024, Case #: 2024UKSC13, Categories: Civil Rights, Fraud, immigration
J. Elrod denies the Honduran native's petition for review of the board's denial of her applications for asylum. The mother and her three children entered the U.S. without documentation and conceded removability before applying for asylum. The mother claims Honduran gangs used an empty lot behind her home to torture, kill and bury victims, subjecting her family to sounds of screaming and the smell of rotting corpses. She still fails to show past persecution or a well-founded fear of persecution. She also fails to present evidence supporting her claim a board member demonstrated partiality by not requiring the government to file a brief.
Court: 5th Circuit, Judge: Elrod , Filed On: April 19, 2024, Case #: 22-60479, Categories: immigration, International Law, Judiciary
J. Holcomb denies the government's motion to dismiss a naturalized citizen's allegations of violation of the Fifth Amendment after he filed an I-130 petition on behalf of his stepson, which the government revoked, because the citizen did not establish “that the beneficiary legally changed his name." The court possesses subject matter jurisdiction. It is premature for the court to rule on whether the statute is unconstitutionally vague as applied to this action. The citizen has sufficiently stated an equal protection claim in asserting that Yemeni-Americans and their family members are subjected to a heightened evidentiary burden that is not applied to other citizens. The citizen has sufficiently stated a procedural due process claim by alleging that Immigration Services did not include his marriage certificate in the appeal sent to the Board of Immigration Appeals.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 18, 2024, Case #: 8:23cv624, NOS: Other Immigration Actions - Immigration, Categories: immigration
J. Andrews finds a lower court improperly dismissed a national of Somalia's motion to remain in the U.K. The Secretary of State for the Immigration and Asylum Chamber argued that the Somalian native lacks immigration credentials, which left him stranded in Ethiopia as he fought to recover from tuberculosis. However, he presented sufficient evidence in court that his mother and sponsor, who lives in the U.K., suffers from extreme illness, and that he is entitled to relief based his status of returning resident. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Andrews , Filed On: April 17, 2024, Case #: CA-2023-482, Categories: immigration
Per curiam, the circuit finds the district court properly rendered judgment against a donut shop. The Cambodian immigrant's employment was allegedly in violation of the Trafficking Victims Protection Act, involving forced labor. Sufficient evidence shows the immigrant worked long hours for very low pay over a period of years, while being threatened with deportation. Sanctions were properly imposed on the immigrant's counsel for discovery violations and for filing fraudulent abstracts of judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 22-40383, Categories: immigration, Sanctions, Labor
J. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: Constitution, immigration, Trespass