Mazariegos-Rodas v. Garland "Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners...
Cyrus Mehta, Sept. 23, 2024 "When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc . as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized...
USCIS, Sept. 23, 2024 " U.S. Citizenship and Immigration Services today posted a Federal Register notice establishing procedures for Liberians covered by Deferred Enforced Departure to apply for...
Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent...
USCIS, Sept. 19, 2024 "We have received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. Sept...
US v. Dohou
"We hold that a removal order that was never in fact reviewed by an Article III judge remains subject to collateral attack in a hindering-removal prosecution based on that order. The Immigration and Nationality Act authorizes such collateral attacks so long as the original removal order was not “judicially decided.” 8 U.S.C. §1252(b)(7)(A). It is not enough that Dohou could have petitioned for judicial review of that order; he did not. So the order of removal was not “judicially decided.” And §1252(a)(2)(C), a provision that sometimes strips jurisdiction over direct review of removal orders, does not apply to collateral attacks. So we will vacate the District Court’s finding that it lacked jurisdiction. On the merits, Dohou’s ineffective-assistance claim requires factfinding. The District Court must also decide whether a statutory- or prudential-exhaustion doctrine bars relief. So we will also remand."
[Hats off to Quin M. Sorenson, Office of Federal Public Defender,Harrisburg, PA!]