32 results for 'cat:"Immigration" AND cat:"Civil Rights"'.
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. Moore grants an Iraq citizen’s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board’s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: civil Rights, immigration, Due Process
J. Burns grants a corrections management service's motion to dismiss an asylum seeker's state law negligence claims alleging that the United States caused her to suffer a miscarriage. An expert opined based on prior ultrasounds and doctor's visits that the asylum seeker's pregnancy failed prior to being apprehended by U.S. Border Patrol agents and that nothing could have been done to prevent the loss. Furthermore, the asylum seeker was given a bottom bunk, extra food and medical care, and fails to show that she wasn't provided proper care during her detention.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 12, 2024, Case #: 3:20cv82, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immigration, Negligence
J. Burnett finds a lower court improperly dismissed a native of Romania's challenge of an extradition order. The government argued that he is extraditable for a charge of burglary, and that he failed to show up to court. However, the Romanian citizen sufficiently showed in court that he was not deliberately absent, and that he is entitled to a retrial. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC10, 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
J. Loken finds a lower court properly dismissed a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he was entitled for relief under the Convention Against Torture for being forced to transport weapons and drugs under the direction of the MS-13 gang, and that he would face maltreatment for being homosexual. However, he failed to present evidence in court that he was mistreated by police, gang members, and government authorities based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: March 4, 2024, Case #: 22-3565, Categories: civil Rights, immigration
J. Lewis finds a lower court properly deported a native of Uganda's motion to remain in the U.K. The native of Uganda argued that he was entitled to remain after he was falsely imprisoned in the U.K. However, the government sufficiently showed in court that he is deportable under the U.K. Borders Act for aggravated burglary.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: February 29, 2024, Case #: CA-2023-63, Categories: civil Rights, 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. 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
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. 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
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. 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
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. 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. Kobes finds a lower court properly denied a citizen of Guatemala's request to remain in the U.S. The citizen of Guatemala argued that he would face persecution in his native land for being bisexual. However, he failed to present sufficient evidence in court that encountered extreme maltreatment and physical harm based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: November 7, 2023, Case #: 22-3318, Categories: civil Rights, immigration
J. Laing finds a lower court improperly dismissed a native of Iraq's request to remain in the U.K. The Secretary of State argued that his claims that he would face harm upon return to his native land were not credible. However, he presented sufficient evidence in court that he would face violence for engaging in a relationship with a supporter of the Patriotic Union of Kurdistan. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: November 3, 2023, Case #: CA-2022-2237, Categories: civil Rights, Government, immigration
J. Noferi finds the Immigration Judge improperly denied the Dominican Republic native’s applications for asylum and withholding of removal. Though the immigrant has proven that he is a member of two cognizable social groups, being gay and HIV-positive, the judge concluded that he did not establish that the harm he suffered by his father in the Dominican Republic was due to a protected ground since his father did not then know he was gay. The judge’s analysis does not address all relevant evidence regarding the father’s motive for harm, such as the declarations from the respondent, his brother, and his uncle stating that the father singled him out for abuse because he suspected he was gay. Remanded.
Court: Board of Immigration Appeals, Judge: Noferi, Filed On: September 11, 2023, Case #: 4065, Categories: civil Rights, Evidence, immigration
J. Jones grants the professor and thesis advisor’s motion to dismiss this suit brought by his Chinese master’s degree student who alleges that he subjected her to a sex trafficking scheme due to her complete reliance upon him to maintain her student status in the United States. The student alleges that the professor first forced her to watch his children, eventually “[raping] and abus[ing her] sexually and emotionally,” because he knew that she could not speak up due to her reliance upon him to stay in the U.S. The student fails to allege sufficient facts. The professor’s alleged conduct does not meet the legal standard for forced labor and sex trafficking.
Court: USDC Nevada, Judge: Jones, Filed On: September 9, 2023, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, immigration, Civil Extortion
J. Melloy finds a lower court properly denied a native of Mexico's motion to remain in the U.S. The citizen of Mexico argued that his representation in court was sub- standard, and that his children suffered from mental and emotional health challenges. However, the government presented evidence in court that the children's challenges were not severe enough to cancel his removal. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 30, 2023, Case #: 21-3329, Categories: civil Rights, Health Care, immigration
J. Lewis finds a lower court properly dismissed a Turkish national's motion to remain in the U.K. The Turkish national, who remained in the U.K. unlawfully, argued that he has a "durable relationship" with an EU national. However, the Turkish national failed to present evidence in court that the couple was legally married. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: July 31, 2023, Case #: CA-2022-2008, Categories: civil Rights, immigration
J. Gruender finds a lower court properly dismissed a citizen of Mexico's motion to remain in the U.S. The native of Mexico, a rancher, argued that he would face violence upon his return to his native land based on allegations that he would be kidnapped and forced to pay ransom. However, he failed to present sufficient evidence in court that he is a member of a particular social group who would be targeted and persecuted. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: July 6, 2023, Case #: 22-2472, Categories: civil Rights, immigration
J. Whipple finds a lower court properly dismissed a South African native's motion for damages for false imprisonment. The native of South Africa, who was forced into prostitution at age 12, argued that the government violated her civil rights by failing to provide her with in- person legal services while she was detained in an immigration removal center. However, the government presented sufficient evidence in court that she had access to legal advice while incarcerated. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: July 3, 2023, Case #: CA-2022-1658, Categories: civil Rights, immigration
[Consolidated]. J. Vos finds a lower court properly dismissed a group of immigrants' challenge to the government's plan to relocate them to Rwanda. The immigrants argued that they would face violence as asylum seekers. However, the government presented sufficient evidence in court that there was no evidence that Rwanda was "not a safe third-world country." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Geoffrey, Filed On: June 30, 2023, Case #: CA-2023-176, Categories: civil Rights, immigration
J. Rose finds a lower court properly dismissed a Palestinian refugee's motion to leave Lebanon in order to live in the U.K. The refugee argued that he is entitled to relief based on the country's public sector equality duty as a vulnerable refugee. However, the public sector equality duty only applies to refugees referred by the United Nations Relief and Works Agency. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Rose, Filed On: June 29, 2023, Case #: 23UKSC23, Categories: civil Rights, immigration
J. Liburdi rules a native of Mexico may pursue infliction of emotional distress claims against the government. The mother, who crossed the U.S. border from Mexico with her daughter, sufficiently showed that border patrol officers separated them and placed them in a "cold, windowless, crowded cell" with no bedding or bathroom, which resulted in the child becoming overwhelmed, fainting and falling face first into the concrete floor.
Court: USDC Arizona, Judge: Liburdi, Filed On: June 28, 2023, Case #: 2:22cv683, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, immigration, Emotional Distress
J. Shepherd finds a lower court properly denied a native of Honduras' motion to remain in the U.S. The Honduras native argued that she and her children are entitled to remain in the U.S. based on the danger she and her family would face at the hands of the MS-13 gang, which is responsible for the death of her partner. However, the government sufficiently showed in court that MS-13 gang members have never contacted her in person. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 27, 2023, Case #: 22-1738, Categories: civil Rights, immigration
Per curiam, the Fifth Circuit denies a purported Eritrean citizen’s petition for review of the Board of Immigration Appeals’ denial of his applications for withholding of removal and relief under the Convention Against Torture. The immigrant says that he fled from Eritrea to Ethiopia when the government forced him into unpaid military service. He then fled to El Paso, Texas, by way of Brazil with the assistance of a smuggler who took his ration card, giving him an Ethiopian passport. Evidence presented does not establish that it is more likely than not that he will be tortured in the country of removal, failing to show that he is a native and citizen of Eritrea, rather than Ethiopia.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 26, 2023, Case #: 21-60182, Categories: civil Rights, immigration, International Law