Utah Woman Faces Deportation After Losing Appeal

"Kairi Shepherd was an orphan living in India when a Utah woman adopted her in 1982 — a seemingly good turn of luck for the 3-month-old, which included her obtaining legal permanent resident status in the United States. But when she was 8, her adoptive mother died of cancer. When she...

CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)

"Because the BIA’s decision does not demonstrate thorough consideration of petitioner’s case, offer sufficient support for its reasoning, and is inconsistent with its earlier pronouncements on crimes involving moral turpitude, the BIA’s decision is not persuasive and is not entitled...

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned. IJs and the BIA have no authority to grant any...

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it occurred a significant distance from the U.S. border...

Unpub. CA10 Credibility Remand: Zheng v. Holder

"Na Zheng and Jin De Pan petition for review of a final removal order from the Board of Immigration Appeals (BIA). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition because the BIA’s credibility determination was not adequately founded on cogent and substantially...

CA10 on Nepal; Asylum, Withholding, CAT: Raj Karki v. Holder

"The agency’s decision to deny Petitioner’s claims for asylum and restriction on removal cannot be upheld on any of the grounds given by the BIA. ... The record as a whole simply does not support the BIA’s conclusion that Petitioner failed to show that public officials in Nepal...

CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder

"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child neglect, or child abandonment” under section...

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding that he failed to demonstrate past persecution...

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s presence in Dallas and the fact that proceedings...