Immigration

Reyna v. Hott (P)

The district court properly dismissed the complaint on grounds that the plaintiffs did not sufficiently allege that the government’s practice of transferring detained immigrants among various interstate detention centers violated a substantive due process right. Accordingly, the court also properly… Read More ›

Owusu-Boakye v. Barr

Because of evidence that the plaintiff’s spouse had previously entered into a sham marriage for the purpose of evading U.S. immigration law, the Board of Immigration Appeals properly denied the plaintiff’s petition to grant his spouse a visa. Record evidence… Read More ›

United States v. Guzman-Velasquez (P)

In denying the defendant’s motion to dismiss his indictment for illegal re-entry into the United States after being deported, the district court reached the right result for the wrong reason. The defendant’s sought dismissal based solely on United States v. Mendoza-Lopez,… Read More ›

Cabrera Vasquez v. Barr (P)

The Board of Immigration Appeals failed to fully consider the evidence in support of the petitioner’s claim under the Convention Against Torture. Gang members told the petitioner and her son that they would be killed by gang members if they didn’t… Read More ›

Duncan v. Barr (P)

In the petitioner’s claim for derivative citizenship and cancellation of removal, whether the government would acquiesce to torture under the Convention Against Torture is a mixed question of fact and law. Whether the petitioner was in the “physical custody” of… Read More ›

Yemer v. US CIS

U.S. Citizenship and Immigration Services properly denied the naturalization application of the plaintiff, an Ethiopian citizen who has resided in the U.S. since 2009. The plaintiff cannot show she is of good moral character, a requirement for citizenship, because she… Read More ›

Cruz-Quintanilla v. Whitaker (P)

In reviewing the petitioner’s request for withholding of removal under the Convention Against Torture, the Board of Immigration Appeals applied the wrong standard to the question whether the petitioner’s native government will acquiesce in his torture. Since 2002, the Board… Read More ›

Perez v. Cissna (P)

As the district court concluded, a temporary ex parte emergency order for the plaintiff’s application for juvenile lawful permanent residency under 8 U.S.C. § 1101(a)(27)(J) was not a predicate state court custody order for purposes of the statute. Therefore, the… Read More ›

United States v. Horma

Contrary to the defendant’s contentions, 18 U.S.C. 922(n) is not an unconstitutional violation of his Second Amendment right to keep a firearm for self-defense. The Fourth Circuit has held that the Second Amendment does not apply to “illegal” aliens, and… Read More ›

Cortez-Mendez v. Whitaker (P)

Substantial evidence supports the Board of Immigration Appeals’ decision to deny withholding the petitioner’s removal from the United States. He asserts that gangs in his native El Salvador persecuted him because his father’s disabilities (deaf and mute) made him an… Read More ›

United States v. Habteyes

The defendant, who has been indicted for making false material representations to immigration/naturalization officials regarding his background in Ethiopia, seeks to exclude from the court’s consideration a ledger of firearms distributions to supporters of Ethiopia’s military council (which was waging… Read More ›

Tairou v. Whitaker (P)

The Board of Immigration Appeals erred in finding that the petitioner was not subjected to past persecution and that he lacked a well-founded fear of persecution were he to return to Benin. A threat of death constitutes persecution. Because the… Read More ›