LexisNexis® Legal Newsroom
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...

Cert. Pet. Filed in CA5 Internal Checkpoint Case: Rynearson v. Lands

CA5 majority : "[W]e conclude that these governmental officials, at worst, made reasonable but mistaken judgments when presented with an unusually uncooperative person, unusual at least in the facts described in any of the caselaw." Dissent : "At a fixed interior immigration checkpoint...

Unpub. BIA Exceptional Circumstances Sua Sponte Reopening Victory

Raed Gonzalez writes: "This client was ordered removed in absentia in 2001. In 2014, a lawyer filed a motion to reopen asserting lack of notice. The lawyer filed a patently deficient one-paragraph motion to reopen. When this motion was denied, we filed an appeal of the denial of the motion to reopen...

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University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back to the BIA on joint motion.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...

Unpacking the Fifth Circuit's Nov. 9, 2015 Decision in Texas v. USA

To fully understand the Fifth Circuit's Nov. 9, 2015 decision in Texas v. USA, one simply must read these two pieces: Judicial Energy and the Supreme Court , by Linda Greenhouse ; and On-Line Symposium on Texas v. United States , by Stephen Legomsky .

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...

Supreme Court Slaps Fifth Circuit on Immigrant Sentencing: Molina-Martinez v. U.S.

Molina-Martinez v. U.S., Apr. 20, 2016 - "The Court of Appeals for the Fifth Circuit stands generally apart from other Courts of Appeals with respect to its consideration of unpreserved Guidelines errors. This Court now holds that its approach is incorrect."

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...

Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy - NILC

NILC, June 3, 2016 - "The National Immigration Law Center, the American Civil Liberties Union, and the ACLU of Texas today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent order issued by a federal district court in Brownsville...

Advocates Move To Prevent Release Of Immigrants' Info - Law360

Allissa Wickham, Law360, June 4, 2016 - "A group of immigrants and advocacy groups on Friday asked the Fifth Circuit to cancel a lower court’s request for information regarding certain immigrants with deferred action, adding a new development to the saga over the president's executive...

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...

CA5 on Admission, Status: Gomez v. Lynch

Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all ), the government reversed course. Now, it informs us, by...

CA5 on Corporate Form I-9 (Remote) Attestation: ESSG v. OCAHO

ESSG v. OCAHO, Aug. 11, 2016 - "We hold that, under the I-9 Form applicable in this enforcement action, corporate attestation was permissible. Thus, ESSG did not violate the law when one corporate representative in El Paso, Texas, examined original documents in the presence of the hired employee...

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1)(A) and 1182(a)(7)(A) causes us to recall comments...

CA5 on Final Order: Holguin-Mendoza v. Lynch

Holguin-Mendoza v. Lynch, Aug. 25, 2016 - "We find these cases to be persuasive authority and likewise conclude that a BIA decision which resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order of removal for purposes of judicial review. We...

CA5 Remands over U Visa Discovery: Cazorla v. Koch Foods

Cazorla v. Koch Foods, Sept. 27, 2016 - "Rather than impose an order of our own, we remand to the district court to devise an approach to U visa discovery that adequately protects the diverse and competing interests at stake. Our discussion indicates the basics of that approach. Because claimants’...

CA5 on CAT, Mexico, Willful Blindness, Color of Law - Iruegas-Valdez v. Yates

Iruegas-Valdez v. Yates, Jan. 23, 2017 - ""[W]illful blindness” is not the only way to prove sufficient state action. The regulations specifically list a number of different avenues which the BIA failed to consider: torture occurs whenever severe physical or mental pain is “inflicted...