(U.S. 6th Cir., Evidence, Immigration Law) Honduras native’s petition for review of a decision denying her application for asylum and related relief is denied where: 1) her asylum claim failed as she did not show that the mistreatment that she and her family suffered was “on account of” her membership in a purported social group, [...]
(U.S. 2d Cir., Administrative Law, Criminal Law & Procedure, Immigration Law) In a petition for review of an order of the BIA vacating the decision of an Immigration Judge granting petitioner’s application for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, the petition is granted where the BIA impermissibly engaged in [...]
(U.S.S.C., Administrative Law, Criminal Law & Procedure, Immigration Law) The Fifth Circuit’s denial of petitioner’s petition for review of the BIA’s order holding that petitioner was not eligible for cancellation of removal is reversed where second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. section 1101(a)(43) when, as in this case, [...]
(U.S. 9th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) Defendant’s conviction for illegal reentry following deportation in violation of 8 U.S.C. section 1326, and for making false claims that he had U.S. citizenship in violation of 18 U.S.C. section 911, is affirmed where: 1) defendant did not comply with section 1326(d)(1)’s exhaustion requirement, and [...]
(U.S. 9th Cir., Administrative Law, Immigration Law) In a petition for review of the BIA’s order finding petitioners ineligible for 8 U.S.C. section 1182(k) relief because they never possessed valid immigrant visas and were not “otherwise admissible” within the meaning of the statute, the petition is granted where section 212(k) expressly made relief available to [...]
(U.S. 7th Cir., Civil Procedure, Government Law, Immigration Law) Pakistani citizens’ petition for review from a removal order and a motion to stay removal pending resolution of the petition is denied and the government’s motions to dismiss the petitions affirmed as the court lacks jurisdiction to review the merits of the question of whether the [...]
(U.S. 7th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) District court’s imposition of an enhanced sentence of 100 months’ imprisonment upon a defendant convicted of illegal re-entry is affirmed as the district court did not commit plain error in concluding that defendant’s prior conviction for aggravated battery was a crime of violence.
(U.S. 4th Cir., Criminal Law & Procedure, Immigration Law) Conviction of defendant for falsely declaring that he was a “citizen or national of the United States” or a “lawful permanent resident” on I-9 Employment Eligibility Verification Forms is affirmed as the district court did not err in finding materiality as the defendant’s misstatements were capable [...]
(U.S. 7th Cir., Administrative Law, Immigration Law) A Chinese citizen’s petition for review of BIA’s denial of her application for asylum is granted and remanded as the Board has never addressed the question of whether it is appropriate to treat suing a unit of government as a legitimate means of expressing one’s political opinion. Furthermore, [...]
(U.S. 5th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) Defendant’s sentence for being unlawfully present in the United States following deportation is vacated where, because defendant’s prior conviction for the offense of injury to a child, even where committed by an intentional act, did not require the use or attempted use of physical force, [...]