FindLaw Opinion Summaries - Immigration Law

Dong v. Holder

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Immigration Law) Chinese citizen's petition for review of BIA's denial of his application for asylum is denied where: 1) petitioner never presented his "other resistance" argument to the BIA; 2) petitioner never argued before the BIA that his flight from China constituted other resistance to a coercive population control program; and 3) BIA did not abuse its discretion in refusing to remand for further factfinding.

Yohannes v. Holder

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Administrative Law, Immigration Law) In a petition for review of the BIA's order denying petitioner a waiver of the spousal joint-filing requirement for removal of the conditions on his permanent resident status, the petition is denied where: 1) petitioner produced virtually no documentation in support of his claim of a bona fide marriage; and 2) the Immigration Judge's discussion of extreme hardship was brief, but her reasoning was sufficiently clear and supported by the evidence.

Gourdet v. Holder

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Administrative Law, Government Law, Immigration Law) Haitian citizen's petition for review of BIA's denial of his application for relief from removal under the CAT is denied where: 1) the general detention conditions in Haiti were not sufficiently severe to rise to the level of torture; 2) the acts of mistreatment that petitioner will likely be subjected to in detention do not amount to torture; and 3) there is no jurisdiction to address petitioner's remaining contentions that he met his burden of proving that torture of criminal deportees in Haiti is widespread and that he was more likely to be singled out for mistreatment by Haitian authorities because of his personal characteristics.

US v. Liera

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Criminal Law & Procedure, Immigration Law) Defendant's alien smuggling conviction is vacated where police unreasonably delayed defendant's arraignment before a magistrate judge to conduct a second interrogation in violation of 18 U.S.C. section 3501(c).

US v. Rosenbaum

Tue, 3 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) District court's imposition of a statutory maximum of 120 months' imprisonment on a defendant convicted of conspiracy to defraud the U.S. and to harbor illegal aliens, and of harboring more than one hundred illegal aliens, is affirmed where: 1) there was no error in district court's denial of government's 5K1.1 motion to reduce defendant's sentence, as the court found it significant that defendant had not begun cooperating until after one of his co-defendants had agreed to cooperate and found that bulk of his cooperation to be incomplete at the time of sentencing; and 2) defendant's sentence is presumed reasonable as it was within the advisory Guidelines range.

Arar v. Ashcroft

Mon, 2 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Civil Rights, Constitutional Law, Immigration Law) In an action under the Torture Victim Protection Act and the Fifth Amendment based on plaintiff's detention at a U.S. airport and subsequent removal to and alleged torture in Syria, the dismissal of the complaint is affirmed where 1) plaintiff insufficiently pleaded that the alleged conduct of defendant U.S. officials was done under color of Syrian law; and 2) in the context of extraordinary rendition, allowing a Bivens action against policymaking federal officials would have the natural tendency to affect diplomacy, foreign policy, and the security of the nation.

Arar v. Ashcroft

Mon, 2 Nov 2009 20:00:02 PDT

US v. Garza

Fri, 30 Oct 2009 21:00:02 PDT

(U.S. 5th Cir., Criminal Law & Procedure, Immigration Law, Per Curiam, Sentencing) Defendant's conviction and sentence for transporting illegal aliens are affirmed where: 1) the district court did not abuse its discretion in applying a reckless endangerment enhancement; 2) defendant presented no evidence to suggest that the "financial gain" aspect of 18 U.S.C. section 1324(a)(1)(B)(ii) erroneously informed the district court's decision; and 3) defendant's sentence would not have been affected by a reduction based on smuggling aliens other than for profit.

Nken v. Holder

Fri, 30 Oct 2009 21:00:02 PDT

(U.S. 4th Cir., Administrative Law, Immigration Law) Petition for review of the BIA's order denying a citizen of Cameroon's motion to reopen his removal proceedings is granted and the BIA's decision vacated and remanded as the BIA did not explain why petitioner's new evidence failed to demonstrate a change of country conditions.

Zhang v. Holder

Fri, 30 Oct 2009 21:00:02 PDT

(U.S. 2d Cir., Administrative Law, Evidence, Immigration Law) In a petition for review of the BIA's denial of petitioner's application for relief under the Convention Against Torture, the petition is denied where: 1) an agency may consider the record of a "credible fear" interview when evaluating an alien's credibility; and 2) substantial evidence supported the BIA's determination that petitioner did not testify credibly about the basis for her application for relief.

US v. Moriel-Luna

Thu, 29 Oct 2009 21:00:02 PDT

(U.S. 9th Cir., Criminal Law & Procedure, Immigration Law) In defendant's appeal from a denial of his motion to dismiss his indictment for illegal reentry into the U.S. by a deported alien, the district court's order is affirmed where: 1) an Immigration Judge (IJ) is not required to act creatively to advise an immigrant of ways in which his legal prospects at forestalling deportation might improve with fundamental changes in his status; 2) the IJ's failure to inform defendant of his section 212(c) options did not prejudice him because he was not entitled to a section 212(c) waiver due to his commission of an aggravated felony; and 3) the IJ was not obligated to grant indefinite continuances if defendant did not produce counsel but refused to waive his right to counsel.

Ghazali v. Holder

Thu, 29 Oct 2009 21:00:02 PDT

(U.S. 6th Cir., Administrative Law, Civil Procedure, Immigration Law) BIA's denial of Lebanese petitioner's application for asylum is affirmed as an immigration judge's determination that an asylum application is time barred does not preclude the judge from also finding that the same application is frivolous.

Mendiola v. Holder

Wed, 28 Oct 2009 20:00:02 PDT

(U.S. 10th Cir., Administrative Law, Civil Procedure, Immigration Law) In a petition for review of the BIA's denial of petitioner's second motion to reopen his removal proceedings, the petition is denied where the BIA correctly determined that 8 C.F.R. section 1003.2(d)'s post-departure bar divested it of jurisdiction to review a motion to reopen filed by a removed alien, like petitioner, even though relevant regulations allowed an alien to file one motion to reopen within 90 days.

US v. Rangel-Portillo

Tue, 27 Oct 2009 20:00:02 PDT

(U.S. 5th Cir., Criminal Law & Procedure, Evidence, Immigration Law) Defendant's conviction for transporting undocumented aliens is vacated where the district court erred in denying defendant's motion to suppress evidence obtained as the result of an unconstitutional stop by a United States Border Patrol agent.

Contreras-Salinas v. Holder

Tue, 27 Oct 2009 20:00:02 PDT

(U.S. 2d Cir., Administrative Law, Immigration Law) In a petition for review of a BIA order removing petitioner from the U.S., the petition is denied where, because petitioner challenged a determination committed to the sole discretion of the Attorney General 151 namely, the credibility and weight accorded to certain evidence 151 the court of appeals lacked jurisdiction to review her claims.