CA6 on Unsworn Documents as Evidence: Zhang v. Holder

"Yu Yun Zhang, proceeding through counsel, petitions this court to review an order from the Board of Immigration Appeals (“BIA” or “Board”) that denied her motion to reopen her immigration proceedings based on changed country conditions. The parties have waived oral argument...

CA6 on Shackling Pregnant Immigrant Women: Villegas v. Metro. Gov't of Nashville

"Plaintiff Juana Villegas brought suit under 42 U.S.C. § 1983, claiming violations of her Eighth Amendment rights (made applicable to pretrial detainees through the Fourteenth Amendment) as a result of her being restrained and shackled prior to and following giving birth while in the custody...

CA6 on Asylum, Germany, Homeschooling: Romeike v. Holder

"There is a difference between the persecution of a discrete group and the prosecution of those who violate a generally applicable law. As the Board of Immigration Appeals permissibly found, the German authorities have not singled out the Romeikes in particular or homeschoolers in general for persecution...

Federal Appeals Court: Term 'Alien' is 'Offensive and Demeaning'

"We recognize that using the term “alien” to refer to other human beings is offensive and demeaning. We do not condone the use of the term and urge Congress to eliminate it from the U.S. Code." - Footnote 1, Flores, et al. v. USCIS, et al., June 4, 2013 .

CA6 on Persecution, El Salvador: Torres-Vaquerano v. Holder (Unpub.)

"José Angel Torres-Vaquerano petitions for review of the Board of Immigration Appeals (BIA) affirmance of the Immigration Judge’s (IJ) decision denying his application for withholding of removal and humanitarian relief. The IJ and BIA both found that Torres-Vaquerano presented no evidence...

CA6 on Natz. Exhaustion, Jurisdiction: Shweika v. DHS

"For the past nine years, Mazen Shweika (“Shweika”) has prosecuted a single application for naturalization before both the United States Citizenship and Immigration Services (“USCIS”) and the U.S. District Court for the Eastern District of Michigan. This ongoing process now...

CA6 on Degree, Burden of Proof: Ward v. Holder

Maris J. Liss writes: "We had a nice win in the 6th Circuit today, Ward v. Holder . 1. The Court held that "clear, unequivocal, and convincing" is a very high standard and close to the standard in criminal proceedings. The government must meet this standard to prove an LPR abandoned...

CA6 on Standing: Patel v. USCIS

"Disembodied notions of statutory purpose cannot override what the statute actually says. What § 1153(b)(3) says is that the alien, ultimately, is the one who is entitled to the employment visa. The alien’s interest in receiving it is therefore within the zone of interests protected or...

CA6 Greenlights ICE Detainers on American Citizens: Ortega v. ICE

Majority : "[T]he district court properly granted qualified immunity to the defendants." Dissent : "To allow ICE to issue a detainer against an American citizen, with unlimited discretion and without any accountability, sets a dangerous precedent and offends any and all notions of due...

CA6 on Binding Concession by Attorney, CIMT: Hanna v. Holder

"[W]e grant Hanna’s petition for review, reverse the BIA’s holding that Hanna’s admission is binding, and relieve Hanna of his attorney’s concession of removability. Because the BIA’s determination that Hanna is removable is predicated on this concession, we reverse...

CA6 on Changed Conditions, Jurisdiction, Zimbabwe: Mandebvu v. Holder

"For more than two decades, Robert Mugabe has exercised power as the repressive head of state of Zimbabwe. Although he has permitted official national elections in recent years, Mugabe’s Zimbabwe African National Union-Patriotic Front (“ZANU-PF”) party has maintained control of...

CA6 (Unpub.) on Equitable Tolling: Lisboa v. Holder

"The petitioner, Jose S. Lisboa, Jr., seeks review of a decision by the Board of Immigration Appeals denying his motion to reopen removal proceedings. An immigration judge ordered Lisboa, then legally in the country, removed on the basis of a conviction in state court. After his removal, a state...

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics incurred in obtaining their J-1 waivers and H-1B...

CA6 on Timely Retraction: Ruiz Del Cid v. Holder

"The BIA’s decision at issue here, with precious little explanation, concludes Ruiz could not benefit from the retraction exception because he had “delayed retraction of his false testimony before the asylum officer for 4 years.” Perhaps the BIA thought four years to be so long...

CA6 on 212(h): Stanovsek v. Holder

"This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of...