LexisNexis® Legal Newsroom
CA7 Joins CA3 on §1421(c) and §1429: Klene v. Napolitano

"The existence of overlapping proceedings does not diminish a district court’s power but does present a question on which the judge should exercise sound discretion. A judge asked to enter a declaratory judgment that as a practical matter will dispose of some other case should consider whether...

CA7 on Jurisdiction, CAT, Kenya: Wanjiru v. Holder

"Since there is a split in the circuits on this point ... we think it prudent to explain further why § 1252(a)(2)(C) does not bar judicial review of a request for deferral of removal. ... Here both the documentary evidence and Wanjiru’s testimony (which, to repeat, the IJ found credible...

CA7: IJs Have U Visa Waiver Authority - L.D.G. v. Holder

"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under section 1182(d)(3)(A)." - L.D.G. v. Holder...

CA7 on Retroactivity, Stop-Time Rule: Jeudy v. Holder

"The BIA has determined that the stop-time rule applies retroactively to reach offenses that were committed before the rule’s effective date. See In re Robles-Urrea, 24 I. & N. Dec. 22, 27 (BIA 2006); In re Perez, 22 I. & N. Dec. 689, 692–93 (BIA 1999) (en banc). Jeudy counters...