LexisNexis® Legal Newsroom
Recap of TX v. USA CA5 Oral Argument

"This morning, the line to get into the Fifth Circuit Court of Appeals hearing on motion for a stay pending appeal of the preliminary injunction of the DAPA and expanded DACA initiatives began hours before the courthouse doors opened. And in the park across the street, protesters were also gathering...

Fifth Circuit: Border Agent Has Immunity For Shooting Death of Mexican Teen

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under the Fourth or Fifth amendments. The court partially...

Justices Skeptical Of 5th Circ.'s Decision in Mata v. Lynch

"The U.S. Supreme Court heard arguments Wednesday on whether a federal appeals court can review the Board of Immigration Appeals' refusal to toll a bid to reopen a removal case based on poor lawyering, with Justice Stephen Breyer expressing skepticism at the Fifth Circuit’s finding that...

CA5 on Bivens: De La Paz v. Coy

"Customs and Border Patrol (“CBP”) agents apprehended Daniel Frias and Alejandro Garcia de la Paz, both illegal aliens, in separate incidents miles from the U.S.-Mexico border, in the heart of Texas. Both allege that the agents stopped them only because they are Hispanic. Represented...

CA5 on Derivative Citizenship - Kamara v. Lynch

"Petitioner Hamid Kamara (“Kamara”) seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) finding that he lacked derivative United States citizenship under former 8 U.S.C. § 1432(a)(3). We hold...

CA5 on Cancellation, 'Admitted in Any Status' - Tula-Rubio v. Lynch

"Tula-Rubio contends that he satisfies the seven-year continuous-residency requirement of the second element because he was waved through a border crossing in 1992, while the Government argues that the Board correctly held that this entry into the country was insufficient to satisfy § 1229b...

Fifth Circuit, 2-1, Nixes Stay of DAPA Injunction

"Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution...

Expert Steve Yale-Loehr Downplays Import of CA5 Immigration Ruling

"Pro-immigration reform groups said they were disappointed by the ruling, but not willing to throw in the towel. "The immigration actions will help our economy, our community and our families. Each day this injunction remains in place we all suffer the consequences," said Karen Tumlin...

CA5 on Ineffective Assistance of Counsel: USA v. Batamula

"Innocent Rutahagara Batamula, a citizen of Tanzania, after entering the United States on a student visa, marrying a United States citizen, and applying for a change in his immigration status, pleaded guilty pursuant to a written plea agreement to one count of making a false statement to a federal...

CA5 on 'Continuing Offense,' Use of Fake Green Card, Soc. Sec. Card - U.S. v. Tavarez-Levario

"This case presents a question of first impression for this court and our sister circuits: whether “use” of an immigration document, “knowing it to be forged, counterfeited, altered, or falsely made” or “procured by fraud or unlawfully obtained,” constitutes a...

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings. See 8 U. S. C. §1229a(c)(7)(A). If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider a petition to review their decision. See Kucana...

Audio of Oral Argument in Texas v. USA, CA5, July 10, 2015

Allissa Wickham, Law360, July 10, 2015 - " Attorneys for the U.S. Department of Justice and 26 states squared off Friday at the Fifth Circuit over whether a block on President Barack Obama's executive actions on immigration should be reversed, with the judges grilling both sides on complicated...

CA5 on Birth Abroad at U.S. Military Base: Thomas v. Lynch

"Thomas, who was born on a United States military base located in what is now Germany, argues that he is not removable because he is a United States citizen by virtue of the Fourteenth Amendment. For the following reasons, we DENY the petition for review. ... Thomas contends that the military base...

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)

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 to the BIA on joint motion. From the...

CA5 on Marijuana Personal Use Exception: Flores Esquivel v. Lynch

"In this appeal, we reject the Board of Immigration Appeals’s (BIA) interpretation of the statute it administers and vacate the BIA decision under review. We do so because the plain language of the relevant statute clearly contradicts the interpretation that the BIA would give it. Under...

Fifth Circuit Panel, 2-1, Upholds DAPA Injunction: Texas v. USA

Panel decision, Nov. 9, 2015 Majority (Smith, Elrod) - "Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of success on the merits of their procedural and substantive...

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status, the BIA relied on its precedential decision, C-J-H...

CA5 on Citizenship, Jurisdiction: Hernandez Rosales v. Lynch

Hernandez Rosales v. Lynch, May 3, 2016 - "Ulises Hernandez Rosales (Hernandez) petitions for review of a Board of Immigration Appeals decision rejecting the claim that he is a United States citizen and upholding an order of removal entered against him. Because there is a genuine issue of material...

An End-Run Around Padilla? Batamula II (CA5, En Banc)

U.S. v. Batamula (Batamula II, en banc,) May 3, 2016 - "Batamula failed to allege facts or adduce evidence showing that the outcome of the plea process would have been different with competent advice. The record conclusively established that he was deportable before his guilty plea, and he remained...

CA5 on CIMTs - Mercado v. Lynch; Hernandez v. Lynch (Matter of Hernandez vacated)

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent exposure and making terroristic threats under...

CA5 on Notice, Abuse of Discretion: Torres Hernandez v. Lynch

Torres Hernandez v. Lynch, June 8, 2016 - "Petitioner Torres Hernandez was ordered removed in abstentia on January 13, 2010. He filed a motion to reopen on the basis that he was unaware that a notice to appear had been issued years earlier and he never received a notice of a hearing. The Board of...

CA5 on CIMT, TX Misdemeanor Assault - Gomez-Perez v. Lynch

Gomez-Perez v. Lynch, July 11, 2016 - "In 1999, Gomez was charged with misdemeanor assault under section 22.01(a)(1) of the Texas Penal Code, which states that “[a] person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another [person].”...

CA5 on Asylum, Ethiopia - Sealed Case

Sealed Case, July 15, 2016 - "Petitioner testified that he had been tortured by the Ethiopian government because it suspected he and his family members supported a terrorist organization called the Ogaden National Liberation Front (“ONLF”). The IJ denied relief because Petitioner did...

CA5, 2-1, Orders Removal of CCA Age-Out Client Despite Clear Govt Error: Gutierrez v. Lynch

Gutierrez v. Lynch, July 18, 2016 - "We must therefore decide whether Gutierrez became a lawful permanent resident in 2000, when the INS officer signed the I-89 Form certifying that Gutierrez was eligible for a permanent resident card, or in 2004, when USCIS formally approved his application and...

CA5 on Equitable Tolling: Lugo-Resendez v. Lynch

Lugo-Resendez v. Lynch, July 28, 2016 - "[Nine other circuits have] held that the deadline for filing a statutory motion to reopen is subject to equitable tolling in certain circumstances. We are persuaded by the reasoning of these cases and join our sister circuits in holding that the deadline...