Nolasco-Amaya v. Garland "Petitioner Belkis Nolasco-Amaya, a native and citizen of Honduras, sought withholding of removal and protection under the Convention Against Torture (“CAT”). An immigration judge (“IJ”) denied her requested relief. Petitioner filed...
B.C. v. Atty. Gen. "We hold that B.C. was denied due process because the IJ did not conduct an adequate initial evaluation of whether an interpreter was needed and took no action even after the language barrier became apparent. Those failures resulted in...
Flores-Rodriguez v. Garland "The IJ’s failure to put Flores-Rodriguez on notice of this central issue in his case denied him “a full and fair hearing” by preventing him from submitting significant testimony and other evidence. Colmenar, 210 F.3d at 971....
Valarezo-Tirado v. A.G. "We have previously granted a petition for review in which the alleged basis for the BIA’s denial of relief was that “the evidence is insufficient” and “the arguments made by the [government] on appeal . . . are persua[sive]” because...
Singh v. Garland "Daljinder Singh applied for asylum and protection under the Convention Against Torture, claiming that he feared persecution in India based on his membership in the Akali Dal Amritsar (“Mann Party”), a Sikh-dominated political party. The...
Molina-Diaz v. Wilkinson "After reviewing the record, we conclude that the IJ never gave Molina the necessary opportunity to explain why she did not provide corroborating evidence. ... Molina also argues that the BIA erred in finding that she did not adequately...
Roman v. Wolf "[W]e agree with the district court that the conditions at Adelanto in April violated detainees’ due process right to reasonable safety. ... the preliminary injunction order is affirmed in part and vacated in part, and the case is remanded...
Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020) (1) After an Immigration Judge has set a firm deadline for filing an application for relief, the respondent’s opportunity to file the application may be deemed waived, prior to a scheduled hearing, if the deadline...
Aditi Shah, Lawfare, July 2, 2020 "On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated his constitutional...
DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional as applied. .....
Grigoryan v. Barr "Our government granted asylum to Karen Grigoryan (“Petitioner”), his wife, and two of their children (collectively, the “Grigoryans”) in 2001. Beginning in 2005, the Grigoryans were subjected to a protracted immigration ordeal triggered...
Zerezghi v. USCIS "We hold that the BIA violated due process by relying on undisclosed evidence that Zerezghi and Meskel did not have an opportunity to rebut. In making its initial determination of marriage fraud, the BIA also violated due process by applying...
Padilla v. ICE "In this interlocutory appeal, we consider whether the district court abused its discretion in granting a preliminary injunction ordering the United States to provide bond hearings to a class of noncitizens who were detained after entering...
Chhoeun v. Marin "The question presented in these motions is whether the Constitution requires notice before an immigrant who is subject to a final removal order, but has been released despite that removal order (often for years or decades) and committed...
USA v. Gonzalez-Fierro "To the extent 8 U.S.C. § 1225(b)(1)(D) strips federal courts of jurisdiction to review the fundamental fairness of an expedited removal proceeding before the Government can use that expedited removal to prove a § 1326(a) criminal...