20 results for 'cat:"Immigration" AND cat:"Jurisdiction"'.
J. Papillion denies a request by the U.S. Citizenship and Immigration Services to dismiss for lack of jurisdiction a Chinese citizen's claims concerning the delay in adjudication of her request for asylum. She alleges the agency has failed to comply with a non-discretionary requirement of federal agencies that requires adjudication of asylum applications “within a reasonable time.” The provision means jurisdiction exists as a federal question under a statute governing the administration of federal agencies.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 12, 2024, Case #: 2:23cv2, NOS: Other Statutory Actions - Other Suits, Categories: immigration, Agency, jurisdiction
J. Floyd finds the Fourth Circuit lacks jurisdiction over the immigration appeal. The Yemen native was a member of the Yemeni Socialist Party, actively fought in Yemen’s civil war in 1994 where he was imprisoned. The U.S. Citizenship and Immigration Services denied his application for asylum status on terrorism grounds. Congress provides that court have no jurisdiction over decisions the authority for which is specified to be in the discretion of the Attorney General.
Court: 4th Circuit, Judge: Floyd, Filed On: April 3, 2024, Case #: 21-2010, Categories: immigration, Agency, jurisdiction
J. Schroeder grants U.S. Citizens and Immigration Services’ motion to dismiss federal tort claims brought by a doctor whose fiancee was denied entry to the U.S. The doctor, a U.S. citizen, met his fiancee online, then met her in person once in Australia. However, the two have not physically seen each other within two years of the date of the doctor’s petition for his fiancee’s visa application. The Department of Homeland Security created this stipulation. Because only DHS has discretion to waive it, the court lacks subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: March 26, 2024, Case #: 1:23cv657, NOS: Other Immigration Actions - Immigration, Categories: immigration, jurisdiction
J. Bress dismisses a petition for review of the Board of Immigration Appeals after it denied an immigrant's motions for remand and administrative closure. The matter was dismissed for lack of jurisdiction.
Court: 9th Circuit, Judge: Bress, Filed On: March 19, 2024, Case #: 22-970, Categories: immigration, jurisdiction
J. Sotomayor finds that the court of appeal improperly dismissed this immigration dispute. The court erred in its determination it did not have jurisdiction to review a hardship decision by an immigration judge. Reversed in part.
Court: US Supreme Court, Judge: Sotomayor , Filed On: March 19, 2024, Case #: 22-666, Categories: immigration, jurisdiction
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. Elrod denies the El Salvadoran citizen's petition for rehearing. The immigration judge has previously adjudicated the immigrant removable for lacking documentation. Though the immigrant says she will suffer harm for having reported a rape if returned to El Salvador, the immigration judge determined she had not been harmed for a political opinion or membership in a social group. She also did not show the government would be unwilling or unable to protect her. The Board of Immigration Appeals has not given standards for evaluating when and how single-member panels should exercise discretion to refer a case to a three-member panel, and the circuit lacks jurisdiction.
Court: 5th Circuit, Judge: Elrod , Filed On: March 8, 2024, Case #: 22-60554, Categories: immigration, International Law, jurisdiction
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: Employment, immigration, jurisdiction
J. Boyle grants an Army officer’s motion to dismiss allegations of harassment brought by a soldier support worker after the worker refused to give the officer a requested file. The worker filed an EEOC complaint after the officer supposedly threatened her position for refusing to give the officer a requested file. The worker was subsequently fired. However, as the officer is a federal employee, she correctly claims sovereign immunity, so the claim lacks subject-matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 26, 2024, Case #: 5:23cv430, NOS: Other Statutory Actions - Other Suits, Categories: Employment, immigration, jurisdiction
J. Richardson grants the government officials' dismissal motion in this immigration action without prejudice based on a lack of jurisdiction. The petitioner seeks a decision on his waiver application, which has allegedly been pending for over two years. However, the majority of the courts have found "that judicial review is precluded."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: February 5, 2024, Case #: 3:23cv527, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, immigration, jurisdiction
Per curiam, the circuit finds the Board of Immigration Appeals improperly denied the Chinese citizen's applications for asylum, withholding of removal and relief under the convention against torture. The immigrant entered the country in Los Angeles without proper documentation, later moved to Oklahoma, and further hearings took place in the Dallas immigration court. The case was never transferred back to Los Angeles before Ninth Circuit precedent was incorrectly applied in denying his applications. Fifth Circuit precedent must be applied. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-60642, Categories: Evidence, immigration, jurisdiction
J. Rushing finds the board properly dismissed the petition for asylum. The native Honduran, who admittedly killed a man with a machete before entering the U.S., alleged that his home government would torture or kill him upon his return. He did not file his petition within 30 days of any final order of removal, and precedent dictates that the statutory filing deadline is jurisdictional.
Court: 4th Circuit, Judge: Rushing, Filed On: November 16, 2023, Case #: 22-1221, Categories: immigration, jurisdiction
Per curiam, the Fifth Circuit finds the Board of Immigration Appeals properly affirmed the immigration judge’s denial of asylum and withholding of removal and Convention Against Torture protection for a Guatemalan citizen. The lack of a date and time on the immigrant’s notice to appear does not divest the immigration court of jurisdiction, and threats the immigrant received from her brother’s ex-girlfriend in Guatemala do not rise to the level of persecution. Personal motives in these threats create no nexus between the alleged persecution and a protected ground. The petition for review is denied.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 16, 2023, Case #: 23-60149, Categories: immigration, jurisdiction
Per curiam, the Fifth Circuit dismisses an El Salvadoran native’s request for review of the Board of Immigration Appeal's order denying his application for withholding of removal and protection under the Convention Against Torture. On the run from the MS-13 gang, the immigrant has illegally entered the U.S. and been removed several times, with the board reinstating previous removal orders. The board’s denial of the application for withholding is not a final order of removal, and the petition for review is untimely because it was filed over 30 days after the reinstatement order became final. The appeal is dismissed for lack of jurisdiction.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-60307, Categories: Drug Offender, immigration, jurisdiction
J. Higginson finds the district court properly dismissed this case brought by the work visa petitioner who was denied a “national-interest waiver,” which can be used by holders of advanced degrees to obtain a visa without a current job offer. Review of an agency decision or action is precluded if the “authority for” the decision or action “is specified … to be in the discretion of the Attorney General or the Secretary of Homeland Security.” Review by the district court is jurisdictionally barred. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: June 23, 2023, Case #: 22-20419, Categories: immigration, jurisdiction
J. Miller dismisses an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The panel concluded that it lacked jurisdiction.
Court: 9th Circuit, Judge: Miller, Filed On: June 20, 2023, Case #: 20-72510, Categories: immigration, jurisdiction
J. Wilson denies a Brazilian citizen’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from the immigration judge’s denial of his motion to reopen and rescind the in-absentia removal order. The immigrant argues that the board lacked jurisdiction since the record doesn’t show that his notice to appear was filed with the immigration court. The cited rule is not jurisdictional, but a claim-processing rule. Also, a form relied on by the board as part of the reconstituted record gave interpreter information as well as the immigrant’s U.S. address. It was not incorrect or obtained by coercion or duress.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 21-60798, Categories: immigration, Due Process, jurisdiction
Per curiam, the Ninth Circuit denied a petition for panel rehearing in a case in which the panel held that federal courts lack jurisdiction to review the discretionary determination that a particular noncitizen in immigration detention posed a danger to the community and was not entitled to release on bond.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 30, 2023, Case #: 21-35023, Categories: immigration, jurisdiction