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2012

  • CA5 Holds New Mexico Conviction for Vehicle Burglary is Aggravated Felony(536 KB - 12/14/2012)
    The court held that a conviction for burglary of a vehicle under New Mexico Statute § 30-16-03(B) constitutes a crime of violence, and therefore the petitioner is removable for having committed an aggravated felony. (Escudero-Arciniega v. Holder, 12/11/12)
    AILA Doc. No. 12121451.
  • CA5 Holds Petitioner with Pre-IIRIRA Jury Conviction Eligible for §212(c) Relief(539 KB - 11/7/2012)
    Relying on Vartelas, the court concluded that IIRIRA’s repeal of INA §212(c) could not be applied retroactively to the petitioner, who was convicted of an aggravated felony in a jury trial before IIRIRA was passed. (Carranza-De Salinas v. Holder, 11/6/12)
    AILA Doc. No. 12110756.
  • CA5 Finds Texas Conviction for Assault Is CIMT(568 KB - 10/19/2012)
    The court upheld the BIA’s determination that the petitioner’s conviction for assault under Texas Penal Code § 22.01(a)(1) was a CIMT because it was an intentional assault that caused physical injury. (Esparza-Rodriguez v. Holder, 10/18/12)
    AILA Doc. No. 12101949.
  • CA5 Rejects Departure Bar Regulation for Motions to Reconsider(482 KB - 10/1/2012)
    The court concluded that INA §240(c)(6)(a) unambiguously gives noncitizens a right to file a motion to reconsider regardless of whether they have left the United States, holding that 8 C.F.R. §1003.2(d) is invalid. (Lari v. Holder, 9/27/12, revised 11/8/12)
    AILA Doc. No. 12100142.
  • CA5 Rejects Departure Bar Regulation for Motions to Reopen(581 KB - 10/1/2012)
    The court concluded that INA § 240(c)(7) unambiguously gives noncitizens a right to file a motion to reopen regardless of whether they have left the United States, holding that 8 C.F.R. § 1003.2(d) is invalid. (Garcia Carias v. Holder, 9/27/12)
    AILA Doc. No. 12100141.
  • CA5 Holds TX Conviction for Possession of Fraudulent Identifying Information Is CIMT(569 KB - 8/15/2012)
    The court found that the petitioner’s Texas conviction for unlawful possession of fraudulent identifying information is a crime involving moral turpitude, and held she was ineligible for cancellation of removal. (Nino v. Holder, 8/13/12)
    AILA Doc. No. 12081676.
  • CA5 Finds Petitioner Is Not Eligible for TPS(522 KB - 8/13/2012)
    The court held that the petitioner failed to meet the physical presence and residence requirements for TPS, rejecting the argument that he is eligible for TPS because his parents meet each of the eligibility requirements. (Castillo-Enriquez v. Holder, 8/10/12)
    AILA Doc. No. 12081355.
  • CA5 to Rehear Farmers Branch Housing Ordinance Case En Banc(459 KB - 7/31/2012)
    The court, which previously held that the city ordinance preventing undocumented immigrants from renting housing was unconstitutional, voted to rehear the case en banc. (Villas at Parkside Partners v. City of Farmers Branch, TX, 3/21/12, revised 4/9/12, 7/31/12).
    AILA Doc. No. 12073153.
  • CA5 Holds Breach of Confidentiality Can Be Grounds for Asylum Claim(528 KB - 7/16/2012)
    The court found that the applicant had a separate claim of relief based on a breach of confidentiality by the government in revealing to the Nigerian consulate that he had applied for asylum, but upheld the BIA’s denial of his claim. (Dayo v. Holder, 7/12/12)
    AILA Doc. No. 12071645.
  • CA5 Finds Petitioner Is Not Entitled to Derivative Citizenship(539 KB - 7/3/2012)
    The court found the petitioner was not entitled to derivative citizenship under INA § 321(a)(2) or (3), and that § 321(a) does not unconstitutionally discriminate on the basis of gender or legitimacy. (Ayton v. Holder, 7/2/12)
    AILA Doc. No. 12070354.
  • CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case(548 KB - 6/28/2012)
    The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12)
    AILA Doc. No. 12062862.
  • CA5 Finds Padilla Cannot Be Applied Retroactively(524 KB - 5/14/2012)
    The court reversed the district court’s ruling, held that Padilla, announced a new constitutional rule of criminal procedure and thus does not apply retroactively, and noted that the issue is pending before the Supreme Court. (United States v. Amer, 5/9/12)
    AILA Doc. No. 12051452.
  • CA5 Strikes Down Farmers Branch Housing Ordinance (Updated 4/9/12)(1047 KB - 3/26/2012)
    The court concluded that the purpose of the housing ordinance was to exclude undocumented individuals, specifically Latinos, from the city and found it was unconstitutional. (Villas at Parkside Partners v. City of Farmers Branch, TX, 3/21/12, revised 4/9/12).
    AILA Doc. No. 12032660.
  • CA5 Denies Algerian Asylum and Withholding Case(240 KB - 3/23/2012)
    The court found that the petitioner’s asylum application was untimely, rejecting the argument that his last arrival was a continuing event that began when he became an “arriving alien,” and upheld the denial of withholding of removal. (Bouchikhi v. Holder, 3/8/12)
    AILA Doc. No. 12032372.
  • CA5 on Ineffective Assistance and Derivative Citizenship(42 KB - 2/27/2012)
    The court found that the appellant’s attorney failed to research the appellant’s derivative citizenship defense before advising him to plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge. (U.S. v. Juarez, 2/24/12, revised 2/29/12)
    AILA Doc. No. 12022744.
  • CA5 on Habeas Statute Custody Requirement(210 KB - 1/20/2012)
    The court found that the petitioner, who had been deported to Mexico pursuant to a final order of removal, was not considered “in custody” for the purposes of 28 U.S.C. § 2241. (Merlan v. Holder, 12/6/11)
    AILA Doc. No. 12012067.
  • CA5 Reverses BIA on Aggravated Felony Case(290 KB - 1/13/2012)
    The court found that the record did not show whether the petitioner’s conviction for felonious sexual intercourse without consent under Montana state law was an aggravated felony under INA § 237(a)(2)(A)(iii). (Perez-Gonzalez v. Holder, 1/12/12)
    AILA Doc. No. 12011366.
  • CA5 Remands Ineffective Assistance of Counsel Claim to Board(556 KB - 1/9/2012)
    The court found that the Board abused its discretion when, in assessing the petitioner’s ineffective assistance of counsel claim, it imposed a due diligence requirement that is not a part of the Lozada three-part test. (Rodriguez-Manzano v. Holder, 1/9/12).
    AILA Doc. No. 12010949.
 
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