LexisNexis® Legal Newsroom
CA2 on Statelessness, Motions to Reopen: Jourbina v. Holder (Unpub.)

C. Mario Russell writes: "I am delighted to report that a stateless family’s petition for review to the Second Circuit Court of Appeals was granted and the decision of the BIA denying a motion to reopen vacated. Jourbina v. Holder 11-1540 (2CA 2013)(attached) . The Jourbina family was made...

A Pair of CA2 Decisions on the Exclusionary Rule: Pretzantzin v. Holder; Sicajau Cotzojay v. Holder

"We are persuaded that the facts as alleged by Sicajau portray an egregious Fourth Amendment violation requiring application of the exclusionary rule. ... the decision of the Board of Immigration Appeals is hereby VACATED and REMANDED. On remand, the Government bears the burden of proof to show...

CA2 on Evidence, Persecution: Huang v. Holder (Unpub.)

"The agency’s finding that Huang did not meet his burden of proof because he failed to submit corroborating evidence is not supported by substantial evidence. Although the agency identified what evidence should have been obtained and why such evidence was required, it neither explained why...

CA2 on Derivative Citizenship; Overrules ID 3621: Nwozuzu v. Holder

"The question presented is whether Nwozuzu's failure to become a lawful permanent resident before turning eighteen years old bars him from claiming derivative citizenship from his parents. We hold it does not. ... Nwozuzu applied for citizenship in August 2005 and April 2006, but his application...

CA2 on Physical Presence: Hernandez v. Holder

"As the government concedes, the IJ made no adverse credibility determination in this case. Without such a finding, this Court assumes that Hernandez’s testimony is credible. See 8 U.S.C. § 1229a(c)(4)(C) (“[I]f no adverse credibility determination is explicitly made, the applicant...

CA2 on Evidence: Indradjaja v. Holder

"The BIA denied Indradjaja’s motion to reopen because she had not submitted an affidavit in support of the new evidence she proffered, and because she had not submitted copies of the sources on which her expert relied, it refused to consider the expert report supporting her motion. By attaching...

CA2 on 'Found In' - USA v. Vasquez Macias

"Defendant Walter Yovany Vasquez Macias appeals from a judgment of the United States District Court for the Western District of New York (Richard Arcara, Judge), in which he was convicted after a jury trial of being “found in” the United States as a previously‐deported alien, in violation...

CA2 on Credibility, 'Bible Test' - Zhu v. Holder

"The agency based its credibility determination primarily on Zhu's testimony concerning his telling of the story of the biblical figure Paul to Chinese authorities during his detention. The agency found that Zhu's demeanor while testifying was "hesitant" and "evasive"...

CA2 Commands BIA to Issue Precedential Decision on Material Support Bar, Duress Exception: Ay v. Holder

"We find no error in the agency’s factual conclusion that Ay provided material support to a terrorist organization. We remand, however, to permit the BIA to address in a precedential decision whether the Immigration and Nationality Act (the “Act”) should be construed to include...

CA2 on Coram Nobis, Strickland, Prejudice: Kovacs v. U.S.

"We conclude that a defense lawyer’s incorrect advice about the immigration consequences of a plea is prejudicial if it is shown that, but for counsel’s unprofessional errors, there was a reasonable probability that the petitioner could have negotiated a plea that did not impact immigration...

CA2 on Jurisdiction, Equity, CRBAs: Hizam v. Kerry

"Section 1503(a) allows a district court to grant just one type of relief: a declaration that a person is a U.S. national. The statute provides no authority for the remedy ordered by the district court: the return of Hizam’s CRBA. Moreover, the enactment of Section 1504 did not change the...

CA2 on 212(c), Rankine, Vartelas: U.S. v. Gill

"This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The resolution of this question turns on whether the...

CA2 on CIMT, Mens Rea: Efstathiadis v. Holder

"Under federal immigration law, Efstathiadis’ removal turns on whether the crime he was convicted of—C.G.S. § 53a‐73a(a)(2)—is a CIMT. The answer to that question, in turn, implicates the level of mens rea applicable to C.G.S. § 53a‐73a(a)(2)’s lack of consent element...

CA2 Suppression Victory, Remand: Guillen-Jimenez v. Holder (Unpub.)

James A. Welcome writes: "I am pleased to attach a Summary Order issued today on a Petition for Review. The PFR was granted and remanded to the BIA. The matter involved a motion to suppress and the IJ's refusal to grant a hearing on the motion to suppress an unlawful arrest. Included in the...

CA2 on Social Group, Albania: Paloka v. Holder

"The primary issue on this appeal is whether “young Albanian women” or “young Albanian women between the ages of 15 and 25" qualify as a “particular social group” for asylum purposes. 8 U.S.C. § 1101(a)(42)(A). ... In view of the BIA’s two recent precedential...

CA2 on 'Changed Circumstances,' Asylum: Lin v. Holder

"The statute states that an otherwise untimely asylum application “may be considered . . . if the alien demonstrates to the satisfaction of the Attorney General . . . the existence of changed circumstances which materially affect the applicant’s eligibility.” 8 U.S.C. § 1158...

CA2 on Evidence: Urgen v. Holder

"Petitioner contends that his testimony and evidence were sufficient to establish that he is a stateless Tibetan born in Nepal. Because the Board of Immigration Appeals erroneously required Petitioner to prove his nationality through documentary evidence alone, we VACATE and REMAND the Board of...

CA2 on 212(h) - Husic v. Holder

"Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h), and denying his request for a continuance...

CA2 on Past Persecution, Kyrgyz Republic: Pan v. Holder

"Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). For...

CA2 on Continuance, Categorical Approach: Flores v. Holder

"We hold that the agency (1) abused its discretion in denying the motion to continue because it failed to apply the correct legal standard, (2) erred in its application of the modified categorical approach to determine whether petitionerʹs convictions for first‐degree sexual abuse under New York...

CA2 on CIMT: Lugo v. Holder

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction for misprision of felony qualified as a “crime...

CA2 on Derivative Citizenship: Morales-Santana v. Lynch

"Petitioner Luis Ramon Morales‐Santana seeks review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen his removal proceedings to evaluate his claim of derivative citizenship. Under the statute in effect when Morales‐Santana was born, Immigration and Nationality...

CA2 on Evidence, Credibility: Ahmed v. Lynch

"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability...

CA2 on 'When...Released', Indefinite Detention: Lora v. Shanahan

"[W]e join the Third, Fourth, and Tenth Circuits in holding that DHS retains its authority and duty to detain an alien even if not exercised immediately upon the alien’s release. Regardless of whether “when . . . released” contemplates detainment immediately upon release or merely...

CA2 on Portability, Jurisdiction - Mantena v. Johnson

Mantena v. Johnson, Dec. 30, 2015 - "Mantena had availed herself of the Immigration and Nationality Act’s so‐called “portability” provisions, 8 U.S.C. § 1154(j) and 8 U.S.C. § 1182(a)(5)(A)(iv), to move to a successor employer while continuing in her application for adjustment...