People v. Suazo - "The Sixth Amendment of the United States Constitution guarantees that a defendant will be judged by a jury of peers if charged with a serious crime. Today, as a matter of first impression, we hold that a noncitizen defendant who demonstrates...
W.G.A. v. Sessions - "In 2015, tattooed members of the Mara 18 gang held a gun to petitioner W.G.A.’s head and threatened to kill him. The Mara 18—also known as the “Calle 18,” “Barrio 18,” or “Eighteenth Street” gang—is one of the two main gangs operating...
Mendoza-Ordonez v. Atty. Gen. - "[W]e are convinced that evidence of the politically motivated death threats, the inaction on Mendoza’s complaints, a perpetrator and judge who shared a political affiliation in opposition to that of Mendoza, and evidence of...
Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution because...
Gutierrez-Rostran v. Lynch, Jan. 13, 2016 - "The treatment by the immigration court and the Board of the cousin’s murder was too cursory to justify denial of Gutierrez-Rostran’s application for withholding of removal. ... Neither the immigration judge nor...
Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back...
Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N Dec. 437...
"Clinic students and the Pennsylvania Immigrant Resource Center (PIRC) teamed up to make a practice guide for attorneys representing noncitizens in withholding-only proceedings. Available online , the toolkit features: • A summary of remedies available...
" Immigration and Customs Enforcement (ICE) has had diminishing success in convincing Immigration Judges to issue removal orders. Such orders are now granted only about 50 percent of the time, the lowest level since systematic tracking began more than 20 years...
" TRAC projects that in fiscal year 2013 the U.S. government will file actions in Immigration Court seeking to remove over 190,000 individuals from the country, according to the latest data extending through the end of August 2013. The estimated total does...
In Matter of X-, July 17, 2013 IJ Bennett ruled : "Respondent's application for asylum is granted because he has established a well-founded fear of future persecution based on his membership in the particular social group of relatives of law enforcement...
"Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s (“IJ”) grant of withholding of removal and protection under the Convention Against Torture (“CAT...
[UPDATED: A reader noticed that the link to the decision was broken. Fixed now. Please bring any broken links to my attention! Dan Kowalski, dkowalski - at - david-ware. dot com.] Matthew J. Lamberti, Staff Attorney at PIRC , writes: "I wanted to share...
"Satheeskumar Annachamy petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum and withholding of removal because he provided material support to a terrorist organization, in violation of 8 U.S.C. § 1182(a)(3)(B)(iv...
Prof. Lenni Benson writes: "I thought you might want to alert your world to the upcoming ACUS plenary session on immigration removal adjudication . The recommendations are those adopted by the ACUS Committee on Adjudications. Russell Wheeler and I worked...