LexisNexis® Legal Newsroom
D. Ariz. on Due Process: Ilyabaev v. Kane (Habeas)

"In their Petition for Writ of Habeas Corpus, Petitioners do not challenge the decisions made by the IJ or the BIA. Instead, they claim that CIS violated their right to due process by failing to follow its own regulation - 8 C.F.R. § 103.2(b)(16)(i) - requiring it to notify them of any adverse...

CA9 on Adoption, Chevron, Due Process: Amponsah v. Holder

"We hold that the BIA’s blanket rule against recognizing nunc pro tunc adoption decrees constitutes an impermissible construction of § 1101(b)(1) and that case-by-case consideration of nunc pro tunc adoption decrees is required. Accordingly, we grant the petition and remand for further...

State Department Whistleblower Reveals Shocking Policy of Depriving Individuals of Their Birthright to U.S. Citizenship

"I have a client who is a U.S. citizen because she was born in Houston, Texas. Twice the U.S. government stripped her of right to U.S. citizenship. First, CBP officials deported her in 1998 after coercing a confession from her. Second, State Department officials at the U.S. embassy in El Salvador...

CA9 on Due Process: Ching v. Mayorkas

"[T]he process by which Joseph’s I-130 petition was denied was inadequate. There were two witnesses to the Fong-Ching marriage: Fong and Ching. In this case, it is not possible to determine that Fong’s statement is true and that Ching’s is false solely by reading them. In addition...

CA9 on CAT, Credibility, Due Process: Oshodi v. Holder (En Banc)

"Olakunle Oshodi petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) decision finding him not credible and denying his application for withholding of removal and protection under the Convention Against...

CA9 on Due Process: Bondarenko v. Holder

CA9 Court Staff Summary - "The panel held that the immigration judge violated due process by allowing the government to introduce without prior notice a forensic report concerning a medical document petitioner submitted and by refusing petitioner a continuance to investigate the report. The panel...

BIA: Respondent Entitled to File Under Sec. 240(c)(2) - Matter of Monjazar-Fernandez (unpub.)

"In this unpublished decision , the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled, presented a copy of the visa on which he entered the country, the...

D. Mass. on Detention, Reasonableness, Six-Month Rule: Reid v. Donelan

"To comply with the constitution’s due process requirement, § 1226(c) must be read to include a “reasonableness” limit on the length of time an individual can be detained without an individualized bond hearing. ... Under the six-month approach, the analysis in this case is...

The Artesia Experience: A Due Process Travesty

Albuquerque immigration attorney Olsi Vrapi describes what it is like to try to represent refugees locked up at the Artesia, New Mexico detention center...in the middle of nowhere . "I went to Artesia the morning after I was hired on a case and not only one of my clients had been interviewed, she...

Due Process Meltdown at Artesia Worsening

"Two weeks ago, the first pro bono lawyers were let in to the detention facility in Artesia, New Mexico, where Immigration and Customs Enforcement (ICE) is keeping Central American migrant families. Since then, a small group of pro bono attorneys, organized by the American Immigration Lawyers Association...

CA9 on Due Process, Expedited Removal: USA v. Raya-Vaca

"Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326. In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings...

CA9 on Due Process, U Visas, Crimmigration - USA v. Cisneros-Rodriguez

USA v. Cisneros-Rodriguez, Dec. 23, 2015 - "Xochitl Cisneros-Rodriguez (“Cisneros”), an undocumented alien, was convicted in 2009 of violating California narcotics laws and was subsequently placed in administrative removal proceedings. She was told by the Immigration and Customs Enforcement...

Denial of Due Process to Incarcerated Immigrant Families Worsens in Spite of Court Ruling

AILA, CLINIC, AIC, HRF, RAICES, Dec. 24, 2015 - "Attorneys and advocates called the government to account for rushing detained children and mothers through the legal processes designed to protect them from danger; glaring due process violations have led to the deportation of families with valid...

Porting Case Leverages Due Process Claim to Avoid Motion to Dismiss: Ramalingam v. Johnson

Ramalingam v. Johnson, Mar. 30, 2016 - "The regulatory requirement of notice only to the ex-employer, as the “affected” party, is an artifact of the pre-porting regime. To apply it without consideration of the real interests at stake could give rise to a due process violation. The result...

CA7 on Due Process, Evidence, Witness Cross-Examination: Karroumeh v. Lynch

Karroumeh v. Lynch, Apr. 29, 2016 - "Mohsen Karroumeh petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA” or “Board”). The Board determined that Karroumeh was removable because he entered into a sham marriage for immigration...

Report: Refugee Moms, Kids Targeted by DHS Enforcement Actions Show Disturbing Due Process Concerns

CLINIC and CARA Pro Bono Family Detention Project, June 15, 2016 - "The stories of Central American mothers who were picked up for deportation in the latest round of federal enforcement actions shows a pattern of targeted scrutiny towards individuals who have viable asylum claims, states CLINIC...

A View from the Bench

Hon. Denise Noonan Slavin & Hon. Dorothy Harbeck, The Federal Lawyer, Oct/Nov 2016 - "What is the view from the immigration court bench? Frankly, it is difficult to see anything because there are so many cases! As of January 2016 there were 474,025 cases pending with the U.S. immigration courts...

ICE Violates Due Process, Deports Roberto Beristain in Dead of Night

Legal team, Apr. 5, 2017 - "Roberto Beristain received a lot of attention when he was arrested by ICE officials on February 6, 2017. He had been issued an illegal order of deportation because then Immigration and Naturalization Service (INS) did not disclose a crucial fact to the immigration judge...

CA3 on Due Process: Serrano-Alberto v. Sessions

Serrano-Alberto v. Sessions, June 12, 2017 - "The Fifth Amendment protects the liberty of all persons within our borders, including aliens in immigration proceedings who are entitled to due process of law — that is, a meaningful opportunity to be heard — before being deported. In this...

CA8 on Evidence, Due Process: Patel v. Sessions

Patel v. Sessions, Aug. 22, 2017 - "We conclude that the BIA erred in affirming the IJ’s admission of Nilesh’s affidavit and the USCIS report without granting Patel’s request for a subpoena or otherwise providing Patel the opportunity to cross-examine Nilesh. This error was prejudicial...

Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants

Sara Campos, Esq. and Guillermo Cantor, Ph.D., September 19, 2017 - "U.S. immigration officials have a long and checkered history of mistreating migrants at the Southern border. Allegations of abuse throughout the apprehension, detention, and deportation process are not new; migrants have voiced...

Report: Systematic Violation Of Immigrants’ Right To Counsel at Remote Immigration Jail

NIJC, Nov. 29, 2017 - "This report focuses on the Cibola County Correctional Center, a prison complex in rural New Mexico owned and operated by the private prison giant CoreCivic (formerly Corrections Corporation of America)1 with the capacity to jail 1,100 immigrants facing deportation. Located...

Due Process, Asylum Protections for Women Under Attack: Matter of A-B- Revealed

The underlying unpublished Dec. 8, 2016 BIA decision, Matter of A-B- , has been redacted and released by counsel, here . The March 7, 2018 A.G. self-referral is here . The Hon. Paul W. Schmidt comments here . Tal Kopan, CNN, reports here . The takeaway: "We're very concerned about...

Expert: Immigration Judge Quotas May Violate Due Process

Dianne Solis, Dallas Morning News, Apr. 10, 2018 - "A case takes nearly 900 days to make its way through the backlogged immigration courts of Texas. The national average is about 700 days in a system sagging with nearly 700,000 cases. A new edict from President Donald Trump's administration...

Judiciary Dems Blast Sessions for 'Systematically Deconstructing' Due Process for Immigrants

"We write to express our profound objection to actions taken by the Department of Justice to undermine central elements of due process and fairness in our immigration system. By imposing numeric quotas upon immigration judges and now attempting to terminate the longstanding Legal Orientation Program...