Tenth Circuit on Nepal, political opinion, abuse of discretion

"Although the abuse-of-discretion standard is rigorous, our review convinces us that the BIA abused its discretion when it affirmed that the Maoists’ demands for money from KC did not constitute past persecution based on her political opinion. ... [T]he IJ—inexplicably—concluded...

Timothy Law and Jeremy Heinnickel of Reed Smith: Tenth Circuit Finds Duty to Defend Patent Infringement Allegations under Advertising Liability Coverage

By Timothy P. Law and Jeremy F. Heinnickel, Attorneys, Reed Smith LLP "In Dish Network Corp. v. Arch Specialty Ins. Co. , -- F.3d --, 2011 U.S. App. LEXIS 20955 (10th Cir. Oct. 17, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case...

Covington & Burling LLP on 10th Circuit Rules that Insurers Have a Duty to Defend Patent Infringement Suits under “Advertising Injury” CGL Coverage

A team of lawyers from Covington & Burling's insurance practice group and patent litigation group have issued a commentary on the October 2011 decision of the Tenth Circuit in Dish Network v. Arch Specialty Insurance Company , 2011 U.S. App. LEXIS 20955 [ enhanced version available to lexis.com...

The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer

Randy J. Maniloff, White and Williams, LLP Some people get into bar fights. Others, such as those that are 5‟4" and wear glasses and a bowtie, are also involved in bar fights - they analyze the insurance issues that arise from them. We all have our roles to play. I love a good bar fight...

Tenth Circuit ruling may help deported Utahn, others

"In 2004, Jesus Contreras-Bocanegra was traveling between the United States and Mexico when he caught the attention of immigration officials. Though the Lehi man had been a legal resident of the United States for more than 20 years, he also reportedly had a minor drug conviction from the early...

SNR Denton on James River Insurance Co v. Rapid Funding, Inc.: Inadmissible Expert Opinions May Not Be Presented as Lay Opinions

By William T. Barker, Partner, SNR Denton Expert opinions are admissible only if they satisfy usually stringent standards. But lay opinions are admissible in some circumstances. In James River Insurance Co v. Rapid Funding, Inc., 658 F.3d 1207 (10th Cir. 2011), an insurance bad faith case, the...

Utah Woman Faces Deportation After Losing Appeal

"Kairi Shepherd was an orphan living in India when a Utah woman adopted her in 1982 — a seemingly good turn of luck for the 3-month-old, which included her obtaining legal permanent resident status in the United States. But when she was 8, her adoptive mother died of cancer. When she...

CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)

"Because the BIA’s decision does not demonstrate thorough consideration of petitioner’s case, offer sufficient support for its reasoning, and is inconsistent with its earlier pronouncements on crimes involving moral turpitude, the BIA’s decision is not persuasive and is not entitled...

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned. IJs and the BIA have no authority to grant any...

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it occurred a significant distance from the U.S. border...

Unpub. CA10 Credibility Remand: Zheng v. Holder

"Na Zheng and Jin De Pan petition for review of a final removal order from the Board of Immigration Appeals (BIA). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition because the BIA’s credibility determination was not adequately founded on cogent and substantially...

CA10 on Nepal; Asylum, Withholding, CAT: Raj Karki v. Holder

"The agency’s decision to deny Petitioner’s claims for asylum and restriction on removal cannot be upheld on any of the grounds given by the BIA. ... The record as a whole simply does not support the BIA’s conclusion that Petitioner failed to show that public officials in Nepal...

CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder

"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child neglect, or child abandonment” under section...

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding that he failed to demonstrate past persecution...