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Fifth Circuit

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  • CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights(528 KB - 10/21/2014)
    The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)
    AILA Doc. No. 14102142.
  • CA5 Declines to Review Special Rule Cancellation Denial(542 KB - 8/21/2014)
    The court concluded the government was not required to charge petitioner’s narcotics conviction in the NTA for that conviction to serve as a ground of inadmissibility for cancellation of removal for victims of domestic violence under INA §240A(b)(2). (Rodriguez-Benitez v. Holder, 8/13/14)
    AILA Doc. No. 14082148.
  • CA5 Asks BIA to Consider Color of Law Legal Standard for Salvadoran CAT Claim(1078 KB - 7/14/2014)
    The court remanded for the BIA to consider the CAT claim under the color of law legal standard, considering the extortionists in El Salvador may have received information about petitioner from government officials acting in their official capacities. (Garcia v. Holder, 7/1/14, amended 8/8/14)
    AILA Doc. No. 14071408.
  • CA5 Says New Mexico Auto-Burglary Conviction Is an Aggravated Felony(592 KB - 7/11/2014)
    The court upheld the BIA’s determination that the auto-burglary conviction under §30-16-3(B) of the New Mexico statute constituted a conviction for an aggravated felony because it was an attempted theft offense, rendering petitioner ineligible for cancellation. (Garcia v. Holder, 6/30/14)
    AILA Doc. No. 14071143.
  • CA5 Upholds Asylum Denial for Eritrean Petitioner(600 KB - 7/7/2014)
    The court denied the petition for review, holding that punishment for violation of conscription laws of general applicability does not in itself constitute “persecution” on account of political opinion under INA §101(a)(42)(A). (Milat v. Holder, 6/19/14)
    AILA Doc. No. 14070745.
  • CA5 Says DHS May Rely on Subsequent Convictions When Evaluating Admission for Returning Noncitizens(559 KB - 6/24/2014)
    The court denied the petition for review, finding that DHS may rely on subsequent convictions to meet the clear and convincing evidence standard in proving that a returning lawful permanent resident is applying for admission. (Munoz v. Holder, 6/19/14)
    AILA Doc. No. 14062443.
  • CA5 Says VA Offense Is Aggravated Felony and Denies Cancellation of Removal(585 KB - 6/11/2014)
    The court found that the petitioner’s conviction under the Virginia statute meant that he was also convicted of sexual abuse of a minor, an aggravated felony, which precluded him from applying for special rule cancellation under §203 of NACARA. (Contreras v. Holder, 6/6/14)
    AILA Doc. No. 14061143.
  • CA5 Finds Petitioner Ineligible to Adjust under §245(i) Due to Fraudulent Entry(553 KB - 4/16/2014)
    The court denied the petition for review, finding no error in the BIA’s determination that petitioner was statutorily ineligible for adjustment of status under INA §245(i) because she was inadmissible under INA § 212(a)(6)(C)(i) for fraudulent entry. (Sattani v. Holder, 4/14/14)
    AILA Doc. No. 14041649.
  • CA5 Finds Aiding and Abetting Improper Entry Conviction Renders Petitioner Removable(547 KB - 3/27/2014)
    The court denied the petition for review , concluding that the documents associated with petitioner’s conviction for aiding and abetting improper entry under §274(a) rendered him removable under §237(a)(1)(E)(i). (Santos-Sanchez v. Holder, 3/7/14)
    AILA Doc. No. 14032745.
  • CA5 Upholds Cancellation Denial for Petitioner with Texas Domestic Violence Conviction(549 KB - 3/6/2014)
    The court denied the petition for review, finding that petitioner’s TX conviction of aggravated assault of a family member, a second degree felony, triggers the stop-time rule under INA §240A(d)(1) and denies him eligibility for cancellation of removal. (Miresles-Zuniga v. Holder, 2/14/14)
    AILA Doc. No. 14030650.
  • CA5 Finds Asylum Grants Were Critical to International Child Abduction Determination(730 KB - 2/28/2014)
    The court vacated the district court order and remanded, finding that the asylum grants to the three minor children were critical to a determination of whether one or more of the Hague Convention’s exception to return applies. (Sanchez v. RGL, 2/21/14)
    AILA Doc. No. 14022857.
  • CA5 Holds Florida Cocaine Delivery Conviction Is Not an Aggravated Felony(572 KB - 2/19/2014)
    The court vacated and remanded the cancellation of removal denial, holding that the Florida offense of delivering cocaine for which petitioner was convicted was not categorically an aggravated felony. (Sarmientos v. Holder, 2/12/14)
    AILA Doc. No. 14021954.
  • CA5 Holds Noncitizen Does Not Have to Maintain Asylum Status in Order to Adjust(622 KB - 2/19/2014)
    The court held that INA §209(b) is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under the statute, and vacated the BIA’s decision ordering removal. (Siwe v. Holder, 2/6/14)
    AILA Doc. No. 14021949.
  • CA5 Dismisses Ineffective Assistance of Counsel Claim, Finds BIA Was Entitled to Enforce Waiver of Appeal(559 KB - 2/5/2014)
    The court held that since petitioner neglected to inform his attorney of the ineffective assistance of counsel claim, the BIA was entitled to enforce the waiver submitted through counsel and summarily dismiss the appeal for lack of jurisdiction. (Hernandez-Ortez v. Holder, 1/31/14)
    AILA Doc. No. 14020543.
  • CA5 Vacates and Remands BIA Decision in Silva-Trevino(606 KB - 2/4/2014)
    Limiting its analysis to the “convicted of” clause of §212(a)(2)(A)(i), the court found the Attorney General’s method of considering extrinsic evidence in a crime involving moral turpitude analysis was inconsistent with the statute and contrary to precedent. (Silva-Trevino v. Holder, 1/30/14)
    AILA Doc. No. 14020449.
  • CA5 Dismisses Petition for Lack of Jurisdiction(541 KB - 1/29/2014)
    The court found it lacked jurisdiction to review petitioner’s due process challenge to his order of removal because he failed to contest his removability in prior proceedings and found that the petitioner’s challenge to the reinstatement order was without merit. (Martinez v. Johnson, 1/24/14)
    AILA Doc. No. 14012906.
 
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