Murillo Morocho v. Garland "Petitioner Darwin Murillo Morocho seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Ecuador under the Convention Against Torture ...
Umana-Escobar v. Garland "Josue Umana-Escobar petitions for review of the Board of Immigration Appeals (“BIA”) order upholding the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (...
Caballero-Vega v. Garland (unpub., 2-1) "Gerardo Caballero-Vega, a Mexican citizen, entered the United States in 1993 without admission or parole by an immigration officer when he was eight years old. He was removed to Mexico in 2019. Shortly after his removal...
Saban-Cach v. Atty. Gen. "Based on past experiences, if returned to Guatemala, Selvin Heraldo Saban-Cach fears being persecuted by a local gang because of his identity as an indigenous person. Accordingly, he seeks withholding of removal under the Immigration...
Alvarez-Gomez v. Garland "Gustavo Alexis Alvarez-Gomez, a citizen of El Salvador, petitions this court for review of the denial of his application for withholding of removal under the Immigration and Nationality Act (INA) and reversal of withholding of removal...
Omorodion v. Garland (unpub.) "The IJ granted Omorodion’s application for deferral of removal under the CAT and, after an initial remand by the BIA, reaffirmed that decision. In July 2018 the BIA vacated the IJ’s grant of CAT relief and ordered...
Williams v. Garland - Petition for review granted, vacated, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion. "In 2006, the Department of Homeland...
On Jan. 10, 2022 a panel of the U.S. Court of Appeals for the Fifth Circuit issued a 2-1 decision in the case of Santos-Zacaria v. Garland, 22 F.4th 570 . On May 10, 2022 counsel for Santos-Zacaria filed a Petition for Writ of Certiorari to the U.S. Supreme Court...
Chavez-Escamilla v. Garland (unpub.) "Chavez-Escamilla argues that the BIA erred in applying the clearly erroneous standard because it did not defer to the IJ’s factual findings. ... The BIA failed to correctly apply the clearly erroneous standard. While...
Arreaga-Bravo v. Atty. Gen. "When an Immigration Judge (“IJ”) makes findings of fact in relation to an individual’s petition for relief under the Convention Against Torture (“CAT”), the Board of Immigration Appeals (“BIA”), in reviewing the IJ’s decision...
Soto-Soto v. Garland "Petitioner Delfina Soto-Soto was brutally tortured by Mexican state police until she confessed to the kidnap and murder of five-year-old Bernardino Bravo Gomez. After the Mexican trial court dismissed the charges against her due to...
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 and fact, and...
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, we grant Alom’s...
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 260 (3d. Cir. 2010...
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 in divorce...