CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner statutory eligibility for a waiver of inadmissibility...

CA4 Rides Rojas Shark Over Reason's Hurdle: Hosh v. Lucero

"We hold that the BIA’s interpretation of § 1226(c) in Rojas was reasonable, and must be afforded deference. Moreover, the Government’s supposed failure to comply with a statutory immediacy requirement—when the statute does not specify a consequence for such noncompliance—does...

CA4 on Coram Nobis, Ineffective Assistance: U.S. v. Akinsade

"Appellant Temitope Akinsade appeals the district court’s denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement by a bank employee in violation of 18 U.S.C. §...

CA4 Overrules Matter of Koljenovic: Leiba v. Holder

Ben Winograd writes: "I thought I’d pass along this just-issued opinion from the 4th Circuit on the aggravated felony bar in 212(h). It’s the same issue that has already been favorably resolved by Hanif v. Attorney Gen., No. 11-2643, (3d Cir. Sept. 14, 2012); Martinez v. Mukasey, 519...

CA4 on INA Sec. 360: Patel v. Napolitano

"Kamal Patel, a permanent resident alien and federal inmate, appeals the dismissal of his action under 8 U.S.C. § 1503(a) for a judgment declaring him a United States national. Patel alleges that he is a United States national because he applied for citizenship, registered for the Selective...

CA4 on Credibility, Discrepancies: Bassanguen v. Holder (Unpub.)

"...remand is necessary to allow the IJ and the BIA to reassess Bassanguen’s credibility under the totality of the circumstances, without regard to this single discrepancy." DAVIS, Circuit Judge, concurring in the judgment: "I agree that the record compels us to grant the petition...

CA4 on Assault, Crime of Violence, Agg. Fel. - Karimi v. Holder

"Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus...

CA4 Blocks Key Provisions of South Carolina Anti-Immigrant Law: USA v. S. Carolina

"We have held that Lowcountry Plaintiffs and the United States have made a clear showing that they are likely to succeed on the merits of their challenge to Sections 4, 5, and 6(B)(2) of Act 69. We further hold that the appellee-plaintiffs have made a clear showing they will likely suffer irreparable...

CA4 on Local Enforcement of Federal Immigration Law: Santos v. Frederick County

"[W]e hold that, absent express direction or authorization by federal statute or federal officials, state and local law enforcement officers may not detain or arrest an individual solely based on known or suspected civil violations of federal immigration law. Like the district court, we conclude...

Matter of U. Singh Remanded

"This case is before us instantly pursuant to a remand from the United States Court of Appeals for the Fourth Circuit filed on July 5, 2012. ... In our published decision, Matter of U. Singh , [25 I&N Dec. 670 (BIA 2012)] we reached two main conclusions: ( 1) a decision by a federal court of...

Two Big Asylum Cases at 4th Circuit This Week

"This week, the U.S. Court of Appeals for the Fourth Circuit, the federal appellate court which sets federal law in Maryland, Virginia, West Virginia and the Carolinas, will hear two cases regarding U.S. asylum law. In Temu v. Holder and Martinez v. Holder, the court will consider the contours of...

CA4 Solidifies Descamps: U.S. v. Royal

" Besides federal criminal law, United States v. Royal , No. 10-5296 (4th Cir. Oct. 1, 2013), impacts immigration law in the Fourth Circuit. ... The Fourth Circuit has solidified the Descamps approach as the law of the land. Practitioners in criminal law and immigration law should take note."...

CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder

"[T]he Attorney General formulated a new definition of the persecutor bar based on Mr. Haddam’s case. Under the new rule, an individual who is the leader of a political group that has ties with an armed group is denied withholding if there exists “evidence indicating that the leader...

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore qualifies categorically as a “crime of violence”...

CA4 on Tanzania, Mental Illness, Social Group: Temu v. Holder

"Tumaini Temu is a Tanzanian national who suffers from severe bipolar disorder. In his home country, Mr. Temu was tortured by nurses and prison guards because of his illness. After entering the United States, he applied for asylum, arguing that he was persecuted because of his membership in a particular...

CA4 on Social Group, Former (MS-13) Gang Membership: Martinez v. Holder

"[W]e conclude that the BIA erred as a matter of law in its interpretation of the phrase “particular social group” by holding that former gang membership is not an immutable characteristic of a particular social group for purposes of § 1231(b)(3)." - Martinez v. Holder, Jan...

CA4 on China, One-Child Policy: Chen v. Holder

"For the foregoing reasons, we grant the petition for review as it relates to the BIA’s denial of asylum and withholding of removal based on the petitioners’ fear of being subjected to involuntary sterilization under China’s one-child policy, and we remand that particular claim...

CA4 on Asylum, El Salvador, MS-13, Mara 18: Aquino Cordova v. Holder

"Aquino offered evidence that MS-13 subsequently killed his cousin, Vidal, and had previously killed his uncle, both of whom were members of Mara 18. We cannot agree with the Government’s characterization of this evidence as describing nothing more than the “general conditions of upheaval...

CA4 on Entry, Official Restraint: De Leon v. Holder

"[A] finding that De Leon entered free from official restraint would qualify him for cancellation of removal -- an outcome the government opposes. The BIA cannot apply its official-restraint standard broadly when broadness favors the government’s position and narrowly when it does not. .....