CA11 on Jurisdiction: Bedoya-Melendez v. Atty. Gen.

"Because the battered-spouse determination under § 1229b(b)(2) is a discretionary decision, we lack jurisdiction to review the Board’s decision that Bedoya-Melendez is not a battered spouse. See 8 U.S.C. § 1252(a)(2)(B). For that reason, his petition is dismissed." - Bedoya...

CA11 on 209(c) - Makir-Marwil v. Atty. Gen.

"Gai Makir-Marwil, a native and citizen of Sudan, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order affirming the Immigration Judge’s (“IJ”) order of removal and denial of Makir-Marwil’s application for a waiver of inadmissibility...

CA11 on Departure Bar: Lin v. Atty. Gen.

"We are asked to decide whether the “departure bar” regulation—stating that the Board of Immigration Appeals (“BIA”) may not entertain a motion to reopen filed by or on behalf of a person who has departed the United States—impermissibly conflicts with the Immigration...

Federal Court Blocks Most of GA, AL Anti-Immigrant Laws

"A federal appeals court today blocked key provisions of Alabama and Georgia’s anti-immigrant laws. Significantly, the U.S. Court of Appeals for the 11th Circuit found that section 28 of Alabama’s law which requires the immigration verification of newly enrolled K – 12 students...

CA11 on 'Clear Error' - Zhu v. U.S. Attorney General

"At issue in this appeal is whether the BIA erred when it overturned the immigration judge’s (“IJ”) factual findings -- particularly the finding that Zhu would likely be forcibly sterilized upon returning to China -- not through the prism of clear error review, but rather after...

CA11 on Persecution, Religion, China: Shi v. U.S. Atty. Gen.

"[T]he only question presented on appeal is whether the record compels the conclusion that Shi suffered past persecution when his church service was broken up, his family’s bibles were confiscated, and he was detained for seven days, slapped, thrown to the floor, and handcuffed to an iron...

CA11 on 212(h): Lawal v. U.S. Attorney General

"It is thus unclear whether the BIA’s current interpretation of § 212(h)—that an alien seeking § 212(h) relief who has not filed an adjustment of status application must remain “outside our borders while applying for relief”—overrules Sanchez, or if the BIA’s...

CA11 on Credibility: Wu v. U.S. Attorney General

"[T]he IJ’s repeated references that Wu’s story “just seems suspicious to me” or “just seems implausible to me” evince a determination made on personal perception or whim, not evidence. ... Our review of the record reveals no evidence to support the IJ’s...

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules

" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural unskilled labor visa program (H-2B) in Bayou...

Tangled H-2B Web - Update

Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original post was authored by a former federal government...

CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)

"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and found equitable tolling to be applicable. ... Having...

CA11 on Continuances: Ferreira v. U.S. Atty. Gen. (Updated)

"Anderson Ferreira, a native and citizen of Brazil, sought a continuance of his deportation proceedings to await the availability of an immigrant visa based on his approved I-140 petition. After the Immigration Judge denied Ferreira’s motion for a continuance, he appealed to the Board of Immigration...

CA11 on Equitable Tolling: Ruiz-Turcios v. U.S. Atty. Gen.

"Because both the time and numerical limitations on motions to reopen removal proceedings are non-jurisdictional and subject to equitable tolling, the BIA erred in denying Ruiz-Turcios’s motion to reopen without considering whether he is entitled to equitable tolling. Thus, we remand this...

CA11 on 'Applicant for Admission' - Ortiz-Bouchet v. U.S. Atty. Gen.

"We initially find that the IJ erred as a matter of law in finding Ortiz and Malpica inadmissible pursuant to 8 U.S.C. § 1182(a)(7)(A)(i)(I) because that section only applies to applicants for admission and not to immigrants like Ortiz and Malpica who sought post-entry adjustment of status...

CA11 on Equitable Tolling: Ruiz-Turcios II

"In light of this Court’s en banc decision in Avila-Santoyo v. U.S. Att’y Gen., —F.3d. —, No. 11-14941, 2013 WL 1499419 (11th Cir. Apr. 12, 2013), and upon panel rehearing, we previously vacated our original panel opinion, published at 700 F.3d 1270 (11th Cir. 2012), and...

CA11 on Statute of Limitations, Marriage Fraud: USA v. Rojas

"Congress’s use of the phrase “enters into” in the explicit language of the statute—an act that can only occur on the singular date that a marriage takes place—upends the district court’s conclusion that marriage fraud is a continuing offense. Accordingly, because...

CA11 on Aggravated Felony: Donawa v. U.S. Atty. Gen.

"We must decide whether a conviction under Fla. Stat. § 893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is, as a matter of law, a drug trafficking aggravated felony. After a careful review of the record, and with the benefit of oral argument, we conclude that...

CA11 on Remarriage Bar: Pascoal v. DHS

"Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal from adjusting her immigration status to become...

CA11 on 212(h): Rivas v. U.S. Attorney General

"This petition for review requires us to decide whether a deportable alien who has left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility. See Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182(h). The State of Florida twice convicted petitioner...

CA11 on 'Reasoned Consideration' of Evidence: Gaksakuman v. U.S. Attorney General

"Gaksakuman argues that the Board erred when it denied his application for asylum, withholding of removal, and relief under the Convention based on his membership in the social group of “failed asylum seekers.” The Immigration Clinic of the University of Miami School of Law, as amicus...

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’ (USCIS) revocation of I-140 visa petitions filed...