LexisNexis® Legal Newsroom
Emergency Mandamus Filed in CA9; ICE Detains U.S. Citizen; District Court Fails to Act

"On May 30, 2012, Petitioner Esteban Tiznado-Reyna filed a petition for writ of habeas corpus and motion for preliminary injunction to the United States District Court of the District of Arizona. See Exhibit 1, Docket Report for 12-cv-01159-SRB-SPL. In this petition, Mr. Tiznado-Reyna contends that...

Habeas Victory in Arizona: Fernandez Unzueta v. Kane

Kara Hartzler writes: "I wanted to pass on a great decision we got today granting a preliminary injunction in a habeas case in the Arizona district court. The client is an LPR who has been detained for five years and was denied bond on the basis of being an arriving alien. Today the district court...

CA9 on Silva-Trevino: Olivas-Motta v. Holder (REVISED)

"Petitioner Manuel Olivas-Motta is a lawful permanent resident charged with removal under 8 U.S.C. § 1227(a)(2)(A)(ii) based on his alleged “conviction of” two crimes involving moral turpitude (“CIMTs”). Petitioner concedes that the first conviction was for a CIMT. He...

CA9 on Moncrieff, Categorical Match: USA v. Aguilera-Rios

"Jorge Aguilera-Rios (“Aguilera”), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that conviction, and, when he returned to the country, tried and convicted of illegal reentry under 8 U.S.C. § 1326. He contends...

Unpub. BIA Victory, 2 CIMTs: Matter of Romero

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver under former section 212(c) is granted with respect...

CA9 on Categorical Approach: Camacho Garcia v. Lynch

"An Immigration Judge (“IJ”) incorrectly advised George Camacho Garcia that his prior conviction was for an aggravated felony, and that he was therefore ineligible for relief from removal. Hearing that advice, Garcia waived his appeal to the Board of Immigration Appeals (“BIA”...