Federal appeals court agrees Farmers Branch renters’ ordinance targeting immigrants is unconstitutional

Dianne Solis, Dallas Morning News, Mar. 21, 2012 : "A federal appeals court has upheld a lower court’s ruling that a Farmers Branch ordinance banning illegal immigrants from renting in the city. The decision by the Fifth U.S. Circuit Court of Appeals in New Orleans Wednesday...

Supreme Court Grants Cert. in CA5 Agg. Fel. Case: Moncrieffe v. Holder

Docket No. 11-702 Case below, 662 F.3d 387 (CA5, 2011)

Dallas Suburb to Ask for Full CA5 Review of Immigrant Rental Ban Case

"Lawyers for Farmers Branch asked Wednesday for a rehearing of the city’s immigration ordinance before the full 18-member 5th U.S. Circuit Court of Appeals in New Orleans. The city’s ordinance banning [unauthorized] immigrants from renting in the city has been repeatedly struck ...

CA5: Padilla Not Retroactive - U.S. v. Amer

"[W]e join the Seventh and Tenth Circuits in holding that Padilla announced a “new” rule within the meaning of Teague. ... [W]e hold that the rule announced in Padilla is “new” within the meaning of Teague, and accordingly, it does not apply retroactively and may not serve...

CA5 on crime of violence: USA v. Esparza-Perez

"Esparza-Perez’s conviction [Ark. Code § 5-13-204 (2003) agg. assault] does not constitute a crime of violence as the enumerated offense of “aggravated assault” for essentially the same reason the government concedes it does not, under existing precedent, constitute a crime...

CA5 on Departure Bar: Lari v. Holder, Garcia Carias v. Holder

Companion cases! "Under our reading, the statute is facially unambiguous. Because the statute is facially unambiguous, we adhere to its plain meaning. ... Giving the statute its plain meaning, we conclude that an alien’s ability to exercise his statutory right to file a motion to reconsider...

Major Retroactivity Victory in CA5: Carranza II

"Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Petra Carranza-De Salinas (Carranza) was eligible to apply for discretionary relief from removal despite having a criminal conviction for possession of marijuana with intent to distribute. After the...

Unpub. CA5 Remand Victory: Ramnarine v. Holder

"The BIA certainly did not abuse its discretion in determining cancellation of removal would “likely” be denied due to Ramnarine’s and Raymond’s history of immigration fraud. The BIA, however, applied an incorrect review standard. Along that line, it incorrectly interpreted...

CA5 on Crime of Violence: Rodriguez v. Holder

"[T]he issue before this court is whether a conviction under section 22.011(a)(1) of the Texas Penal Code is categorically a crime of violence under § 16(b), and we must determine “whether the crime inherently involves a substantial risk that intentional physical force may be used in...

CA5 on Terrorist Activity Asylum/AOS Bar: Amrollah v. Napolitano

"The government denied Amrollah’s application for permanent resident status after it concluded that Amrollah had engaged in terrorist activity under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) (2010) by providing material support to a Tier III terrorist organization or the member of such an...

CA5 on Adjustment of Status, Chevron Deference: Dhuka v. Holder

"This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly defined “lawful status” and reasonably...

CA5: Farmers Branch Rental Ordinance Unconstitutional

"The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (“Farmers Branch”) seeks to regulate non-citizens who reside in the United States contrary to law. Farmers Branch, Tex., Ordinance 2952 (Jan. 22, 2008), permanently enjoined by Villas...

CA5 on Asylum, Nepal, Nexus: Sharma v. Holder

"Nepalese citizen Khagendra Sharma petitions for review of the Board of Immigration Appeals (BIA) denial of his application for asylum and withholding of removal under 8 U.S.C. § 1252(b) and the Convention Against Torture (CAT), arguing that he had been subjected to past persecution and feared...

CA5 on Acquired Citizenship, Legitimation: Saldana Iracheta v. Holder (Very Old Egg on BIA's Face)

"This appeal is a petition for review from the Department of Homeland Security’s (“DHS”) reinstatement of a previously-issued order of removal against Sigifredo Saldana Iracheta (“Saldana”). On appeal, Saldana asserts that he acquired citizenship from his U.S. citizen...

CA5 on AOS, 209(b): Siwe v. Holder

"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition for review as to this issue and vacate the BIA’s...

CA5 on Aggravated Felony: Paez Sarmientos v. Holder

"Andres Paez Sarmientos petitions for review from an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ’s) determination that he is not eligible for cancellation of removal because he committed an aggravated felony. Because we hold that the Florida offense...

CA5 on Hague Convention, Asylum: Sanchez v. R.G.L.

Prof. Geoffrey A. Hoffman writes: "This is a new and interesting published decision in which your readers may be interested. The panel came down 2-1. Remand with instructions to consider asylum relating to Hague Convention proceedings - this is an issue of first impression. Professor Lee Teran at...

CA5 on Padilla: U.S. v. Urias-Marrufo

"Defendant Ana Victoria Urias-Marrufo (“Urias”) appeals from the district court’s denial of her motion to withdraw her guilty plea. Following that denial, the district court entered a final judgment of conviction and sentenced her to imprisonment of 37 months. We vacate and remand...

CA5 on CAT, El Salvador: Garcia v. Holder

"The IJ and BIA denied CAT protection because Garcia admitted that he could not be sure whether the extortionists were actually police officers, or whether they were criminals impersonating police officers, and because Garcia did not report the incidents to the police. However, government acquiescence...

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a Bivens action in this specific context in which an...

CA5 on Hague Convention, Asylum: Lopez Sanchez v. R.G.L.

"Today, for the third time, we address an appeal by three children who are natives of Mexico, who seek reversal of the district court’s finding under the Hague Convention on the Civil Aspects of International Child Abduction that they were being wrongfully retained in the United States and...

Where in the World is Cruz Alberto Garcia?

On July 1, 2014, the U.S. Court of Appeals for the Fifth Circuit published an important opinion regarding CAT (Convention Against Torture,) Garcia v. Holder, No. 13-60381. I went to PACER and discovered that the petitioner was pro se! PACER also indicated that Garcia had been locked up at the South...

CA5 on Descamps: Franco-Casasola v. Holder

Majority : "Donald Efren Franco-Casasola’s petition for panel rehearing is DENIED. We withdraw our prior opinion of March 6, 2014, and substitute the following. The Board of Immigration Appeals (“BIA”) determined that Franco-Casasola was ineligible for cancellation of removal due...

CA5 on Notice: Barrios-Cantarero v. Holder

"The BIA committed legal error by determining that Barrios-Cantarero was properly given notice through a letter addressed to Adrian Eliseo and therefore abused its discretion by denying his motion to reopen. ... Here, the BIA failed to apply 8 C.F.R. § 103.8(a)(1)(i) in determining whether...