12 results for 'cat:"Civil Procedure" AND cat:"Immigration"'.
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
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
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Per curiam, the circuit finds that the district court properly denied a request in which plaintiff, an American, sought certificates of citizenship for two sons born in Greece. The paperwork and the initial denials had been lost in the 9/11 terror attacks in Manhattan, but new appeals were filed after the boys were over the age of 18. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 13, 2023, Case #: 22-2833-cv, Categories: civil Procedure, immigration
Per curiam, the circuit finds that the district court properly dismissed fraud claims brought after plaintiff, a Chinese national, was denied a visa under a program targeted at business investment because the action was untimely filed for either accrual or discovery. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-681-cv, Categories: civil Procedure, Fraud, immigration
J. Watkins denies three noncitizens' petition for writ of mandamus in connection with their arrest, release on bond and subsequent removal from the U.S. They fail to show they have a clear right to a continuance of an in-person pre-trial hearing until they are legally allowed to re-enter the country.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: August 16, 2023, Case #: 04-23-00539-CR, Categories: civil Procedure, immigration
Per curiam, the court of appeals dismisses and denies, in part, a noncitizen's petition for writ of mandamus, filed after he was arrested under Operation Lone Star, released on bond and removed from the U.S. The trial court did not rule on the merits of the noncitizen's equal protection claim and should be given the opportunity to do so upon reconsideration.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04-23-00293-CR, Categories: civil Procedure, immigration, Equal Protection
J. Walker finds that the board of immigration appeals should have remanded a deportation decision due to ineffective assistance and family hardship. The prior law firm's poor performance was readily recognized, having been the target of several subsequent disciplinary filings, but the prejudicial effect upon plaintiff's hardship claims had not been evaluated. On remand, the board should distinguish between hardship evidence that was previously available and new evidence, and whether the former can form the basis for a prejudice claim.
Court: 2nd Circuit, Judge: Walker, Filed On: July 12, 2023, Case #: 21-6043-ag, Categories: civil Procedure, immigration
J. Raggi finds that the board of immigration appeals improperly ordered removal of two brothers from the U.S. for making false statements on asylum applications. The propriety of removal was not in doubt, but remand is necessary on the narrow question of whether the brothers had been given adequate notice that knowingly submitting a fabricated application could result in a permanent bar to reentry.
Court: 2nd Circuit, Judge: Raggi, Filed On: June 30, 2023, Case #: 21-6586, Categories: civil Procedure, immigration