Azumah v. USCIS - Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Thacker joined. Judge Richardson wrote a separate opinion concurring in part and concurring in the judgment. ARGUED: Benjamin Ross Winograd, IMMIGRANT &...
Gao v. Garland "The IJ’s conclusion that Gao failed to meet her burden of proof is based on the lack of sufficient corroborating evidence. As mentioned above, where, as here, the petitioner’s testimony is deemed credible, but the IJ finds that...
Singh v. Garland " “Because of the IJ’s lack of clarity” as to which party was required to show that Singh could or could not safely relocate, we remand Singh’s asylum claim based on his membership in the family of Balkar Singh to...
Fonseca-Fonseca v. Garland "Mario Fonseca-Fonseca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. Fonseca-Fonseca sought to reopen his immigration proceedings...
Al-Adily v. Garland (2-1) "Habib Al-Adily, a citizen of Iraq and a lawful permanent resident of the United States, was late in returning his rental car to Thrifty-Rent-a-Car (Thrifty). He was indicted under a Michigan statute criminalizing the willful failure...
USA v. Quisquina-Yaxon "Respondent timely filed an Opposition to the Government’s Motion for Summary decision. Respondent argues that the Government has not met its burden of proof to support a summary decision because there remains a genuine issue of fact...
Hernandez-Lara v. Lyons "[W]e hold that, in order to continue detaining Hernandez under section 1226(a), due process requires the government to either (1) prove by clear and convincing evidence that she poses a danger to the community or (2) prove by a preponderance...
Romero v. Garland "Romero had been admitted before he applied for adjustment of status. Thus, he is not now an “applicant for admission,” and therefore the “clearly and beyond doubt” burden does not apply. Rather, the “preponderance of the evidence” burden...
Pereida v. Wilkinson (5-3) Majority : "Under the INA, certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime. The Eighth Circuit correctly held that Mr. Pereida failed to...
Mauricio-Vasquez v. Whitaker - "We consider a single question: Whether the Immigration Judge and the Board correctly determined, by clear and convincing evidence, that Mauricio-Vasquez was admitted to the United States in 2008. ... In our view, any reasonable...
Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) - Where the record contains some evidence from which a reasonable factfinder could conclude that one or more grounds for mandatory denial of an application for relief may apply, the alien bears the burden under 8...
Lopez v. Sessions, Mar. 21, 2017 - "Marcial Lopez, a native and citizen of Guatemala, contests a decision by the Board of Immigration Appeals that prohibits him from staying in this country. Under the immigration laws, it usually counts against the individual...
"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona...
"Our ground for setting aside that ruling is not that the administrative law judge erred in finding that Lopez‐Esparza had failed to carry his burden of proof, but that the judge applied the wrong standard—the standard, of his invention, that imperfect recollection...
"The government has failed to carry its burden to show by clear and convincing evidence that Medina has been convicted of an aggravated felony or a controlled substance offense. Similarly, Supreme Court case law issued subsequent to the agency action reviewed...