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2013 - 2012

  • CA6 Upholds Qualified Immunity for ICE Agents Who Issued Detainer to USC(988 KB - 12/12/2013)
    The court upheld the lower court’s finding of qualified immunity for the ICE defendants, finding the U.S. citizen plaintiff had no clearly established liberty interest in home confinement at the time he was transferred to a local jail as a result of a detainer. (Ortega v. ICE, 12/10/13)
    AILA Doc. No. 13121242.
  • CA6 Finds Standing for I-140 Beneficiary(503 KB - 10/15/2013)
    The court reversed and remanded, finding that the I-140 beneficiary has prudential standing under the APA to challenge the denial of his prospective employer’s I-140 petition, since the foreign national, not the employer, is entitled to the visa. (Patel v. USCIS, 10/11/13)
    AILA Doc. No. 13101544.
  • CA6 on Standard of Proof in Removal Proceedings for LPR Deemed Inadmissible(54 KB - 8/28/2013)
    The court vacated the BIA’s decision and remanded, holding that where the government seeks to remove an LPR based on the inadmissibility ground of abandoning LPR status, it must prove by clear, unequivocal, and convincing evidence that the LPR is inadmissible. (Ward v. Holder, 8/15/13)
    AILA Doc. No. 13082846.
  • CA6 Clarifies Social Visibility Requirement in Asylum Case(54 KB - 8/23/2013)
    CA6 upheld that BIA’s determination that young Salvadoran males who refuse recruitment by the MS gang do not constitute a cognizable particular social group, and clarified the social visibility requirement. (Umana-Ramos v. Holder, 7/30/13)
    AILA Doc. No. 13082353.
  • CA6 Holds Petitioner Failed to Exhaust Administrative Remedies in Lawsuit Challenging Inclusion on Terrorist Watchlist(52 KB - 8/23/2013)
    The court held that the petitioner had standing to challenge her inclusion on an FBI terrorist watchlist, but determined that she failed to exhaust administrative remedies by submitting an inquiry through the Traveler Redress Inquiry Program. (Shearson v. Holder, 8/5/13)
    AILA Doc. No. 13082352.
  • CA6 Finds EWI TPS Beneficiary Eligible for Adjustment of Status(978 KB - 6/5/2013)
    Noting its dismay over the government’s apparent policy of opposition for the sake of opposition, the court found that the plain language of INA §244(f)(4) supports a path to LPR status under §245 for the plaintiff who initially entered the U.S. without inspection. (Flores v. USCIS, 6/4/13)
    AILA Doc. No. 13060541.
  • CA6 Finds German Homeschoolers Are Not Eligible for Asylum(481 KB - 5/20/2013)
    The court held that a German law requiring all children to attend school was not selectively applied to homeschoolers like the petitioners, and that the enforcement of the law did not amount to persecution against the petitioners. (Romeike v. Holder, 5/14/13)
    AILA Doc. No. 13052047.
  • CA6 Amended Decision on Conspiracy to Traffic in Identification Documents is CIMT(491 KB - 4/23/2013)
    The court issued an amended decision and applied the categorical approach to determine that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) is a crime involving moral turpitude. (Yeremin v. Holder, 4/16/13)
    AILA Doc. No. 13042352.
  • CA6 Holds Conspiracy to Traffic in Identification Documents is CIMT(884 KB - 2/19/2013)
    The court held that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) qualifies as a crime involving moral turpitude because the statute inherently involves deceit. (Yeremin v. Holder, 2/14/13) AILA Doc. No. 13021954.
    AILA Doc. No. 13021954.
  • CA6 Finds Withholding of Removal Not Available Derivatively(423 KB - 1/17/2013)
    The court held the petitioner was not eligible for asylum or withholding of removal because he sought relief as a derivative of his wife, whose asylum application was denied, and that withholding of removal is not available derivatively. (Camara v. Holder, 1/15/13)
    AILA Doc. No. 13011749.
  • CA6 Holds BIA Abused Discretion When Considering Motion to Reopen Asylum Case(475 KB - 12/20/2012)
    The court remanded the case, holding that the BIA abused its discretion when it considered whether there were changed country conditions and when it dismissed evidence simply because the statements were not made before a notary public. (Zhang v. Holder, 12/18/12)
    AILA Doc. No. 12122057.
  • CA6 Denies Senegalese Asylum Claim Based on FGM(498 KB - 11/9/2012)
    The court rejected the petitioner’s asylum claim based on her fear that her daughters will be subject to FGM if they return to Senegal, and held that DHS rebutted the presumption of future persecution based on her own resistance to FGM. (Dieng v. Holder, 11/8/12)
    AILA Doc. No. 12110950.
  • CA6 on Discretion to Waive Multiple Misrepresentations(471 KB - 8/7/2012)
    In a case involving two misrepresentations, the court granted the petition, rejecting the argument that INA §237(a)(1)(H) only permits waiver of the misrepresentation the alien makes at the time of his otherwise lawful admission. (Avila-Anguiano v. Holder, 8/7/12)
    AILA Doc. No. 12080754.
  • CA6 Upholds Finding that Petitioner Assisted in Torture(489 KB - 8/7/2012)
    The court rejected Petitioner’s due process challenges and upheld the IJ and BIA’s finding that he assisted in the torture of others, noting that he had the requisite knowledge that the torture was to occur or was occurring. (Abdallahi v. Holder, 7/31/12)
    AILA Doc. No. 12080750.
  • CA6 Holds Pakistani Petitioner Abandoned LPR Status(514 KB - 6/28/2012)
    The court upheld the BIA’s conclusion that the petitioner abandoned her LPR status after travelling to Pakistan for over 180 days and spending the majority of her time as an LPR in Pakistan. (Lateef v. Holder, 6/26/12)
    AILA Doc. No. 12062861.
  • CA6 Holds Washington Conviction for Felony Flight is CIMT(490 KB - 6/21/2012)
    The court found that the petitioner’s Washington state conviction for felony flight, which stemmed from his attempt to evade a police officer who had signaled him to stop, categorically constituted a crime involving moral turpitude. (Ruiz-Lopez v. Holder, 6/19/12)
    AILA Doc. No. 12062144.
  • CA6 Upholds Denial of Hardship Waiver Under INA §216(c)(4)(B)(477 KB - 5/2/2012)
    The court found that there was substantial evidence supporting the Board’s decision to deny a hardship waiver under INA §216(c)(4)(B). (Johns v. Holder, 5/2/12)
    AILA Doc. No. 12050242.
  • CA6 Declines to Transfer Venue, Remands on Firm Resettlement Finding(473 KB - 5/2/2012)
    The court rejected the government’s motion to transfer the asylum case to the Fourth Circuit, and remanded to the BIA to reevaluate the IJ’s firmly resettled finding. (Thiam v. Holder, 4/30/12)
    AILA Doc. No. 12050241.
  • CA6 Upholds Asylum Denial Due to Adverse Credibility Determination(35 KB - 1/23/2012)
    The court found there was substantial evidence the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in other findings regarding credibility. (Abdurakhmanov v. Holder, 1/23/12, amended 3/1/12).
    AILA Doc. No. 12012340.
 
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