Immigration News

Case Summaries

Immigration Law

[07/23] US v. Jimenez
A sentence for unlawful reentry of a deported alien is affirmed where defendant's prior convictions for Unlawful Use of a Communication Facility under 21 U.S.C. section 843(b) qualify as "drug trafficking offenses" under section 2L1.2(b)(1)(A)(i) of the Guidelines, as reasoned in US v. Orihuela, 320 F.3d 1302, 1305 (11th Cir. 2003).

[07/23] Singh v. Mukasey
The REAL ID Act of 2005 gives aliens whose removal order became final before the REAL ID Act a reasonable opportunity to obtain judicial review. Aliens whose petitions were rendered untimely by the Act had a grace period of no more than 30 days from the effective date of the Act in which to seek such review.

[07/22] Llanos-Fernandez v. Mukasey
Petition for review of a denial of minor petitioner's motion to reopen his removal proceedings and rescind his in abstentia order is granted where petitioner's uncle, into whose custody he had been released, was not served with the notice of the hearing.

[07/21] Lin v. Mukasey
Petition for review of a denial of asylum and related relief is denied where: 1) the REAL ID Act of 2005 abrogated the circuit court's holding in a prior case that an adverse credibility determination cannot be based on inconsistencies and omissions that are ancillary or collateral to an applicant's claims of persecution; and 2) pursuant to the REAL ID Act, an IJ's adverse credibility was proper in light of the totality of the circumstances.

[05/30] Channer v. Dep't of Homeland Sec.
Petition for review of a removal order on grounds that principles of res judicata barred the Department of Homeland Security ("DHS") from relitigating his removal based on a claim which could have been raised in his previous removal proceeding is denied where petitioner's second suit did not involve the same claim or nucleus of operative fact as the first.

[05/29] US v. Chavarria-Brito
A sentence for illegal reentry following deportation, enhanced based on his prior conviction of an "aggravated felony", is affirmed where defendant's prior state conviction for possession of forged documents with intent to defraud or perpetuate a fraud was sufficiently related to the false making or material alteration of a document with the intent to deceive.

[05/28] Arca-Pineda v. Atty. Gen. of US
Petition for review of an order finding petitioner removable and denying her application for suspension of deportation is denied where: 1) petitioner's continuous physical presence clock did not begin anew based on an administrative closure; 2) contrary to claims of inequitable application of the stop-time rule to her case, allowing petitioner's application for suspension of deportation would essentially permit her to avail herself from her failure to attend a deportation proceeding, frustrating Congress's purpose in enacting the stop-time rule; 3) petitioner's purported continuous period physical presence did not satisfy the requisite statutory period "immediately proceeding" her application for suspension of deportation; and 4) retroactive application of the stop-time rule to petitioner did not violate her due process rights.

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