Portillo Flores v. Barr, Nov. 25, 2020 "A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant the petition for rehearing en banc, IT IS ORDERED that rehearing en banc is granted... Read More
Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif... Read More
Cruz-Quintanilla v. Whitaker "We conclude that the Board applied the wrong standard of review. Whether Cruz-Quintanilla established that the government would acquiesce in his torture under 8 C.F.R. § 1208.16(c)(2) is a mixed question of law... Read More
Alom v. Whitaker - "We now ... agree with the Fourth Circuit that de novo review applies to the mixed question of law and fact of whether Alom established that his marriage was entered into in good faith under § 1186a(c)(4)(B). Accordingly,... Read More
Garcia-Mata v. Sessions - "Maria Garcia-Mata, a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals. After an immigration judge ordered withholding of removal, the Board vacated that decision, denied relief,... Read More
Dutton-Myrie v. Atty. Gen., Apr. 28, 2017 - "We agree with Dutton-Myrie that the question of whether likely government conduct equates to acquiescence is a mixed question of law and fact under our decision in Kaplun v. Att’y Gen., 602 F.3d... Read More
Estrada-Martinez v. Lynch, Dec. 31, 2015 - "Estrada is not eligible for withholding of removal because he was convicted in an Illinois state court of statutory rape in 1996, and the Board has characterized his conviction as “particularly serious... Read More
Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief... Read More
Upatcha v. Sessions, Feb. 22, 2017 - "Facing deportation, petitioner Juraluk Upatcha, a citizen of Thailand, sought a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a United States citizen had ended... Read More
Majority: "Who is Petitioner? Is he Reynaldo Carlon Mondaca, a native and citizen of the United States, or is he Salvador Mondaca-Vega, a native and citizen of Mexico? The district court determined that Petitioner is Salvador Mondaca-Vega and, accordingly... Read More
"The BIA erred in reviewing the IJ’s factual findings under the de novo standard of review instead of under the clearly erroneous standard prescribed by its governing regulations. We therefore grant Turkson’s petition for review, vacate... Read More