Department of State v. Muñoz
This document is scheduled to be published in the Federal Register on 04/23/2024 "On March 28, 2023, the U.S. Department of State (Department of State) published in the Federal Register an interim...
Arizona v. Garland "This is a challenge by 19 states to an administrative action of the Executive Branch establishing a new procedure for adjudicating asylum applications under federal immigration...
Moran v. Mayorkas "At the time of Mr. Valadez Moran's birth, it is more likely than not that his mother, Ms. Moran, was a citizen of the United States by virtue of her birth in Elsa, Texas on...
This document is scheduled to be published in the Federal Register on 04/19/2024 "Notice of a Memorandum of Cooperation (MOC) between the Government of the United States and the Government of Japan...
Flores-Panameno v. US Atty. Gen.
"Elida Antonia Flores-Panameno petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of her appeal. In short, Flores-Panameno asserts she received ineffective assistance of counsel because her former attorney misled her into accepting voluntary departure by telling her she would immediately be deported if she did not accept it. She filed a motion to reopen on that basis. The immigration judge (“IJ”) denied that motion. He found her acceptance of voluntary departure was truly voluntary, despite the ineffective assistance of counsel, because he had himself gone through what he deemed to be appropriate procedures at the departure hearing to ensure that was so. We lack a transcript of the hearing in question, hampering our ability to decide this petition. We conclude Flores-Panameno bore the burden of producing any such transcript. Because she did not produce a transcript, we find that we may rely on the IJ’s reconstruction of the record. In this case, however, the IJ’s reconstruction may be incomplete. Accordingly, we are unable to assess fully Flores-Panameno’s voluntariness. We therefore grant the petition and remand to the BIA to determine the full scope of the IJ’s inquiry into voluntariness, as set forth in more detail below."
[Hats off to Jaime Jasso, now an Immigration Judge at the Imperial, CA court!]