LexisNexis® Legal Newsroom
CA7 Joins CA3 on §1421(c) and §1429: Klene v. Napolitano

"The existence of overlapping proceedings does not diminish a district court’s power but does present a question on which the judge should exercise sound discretion. A judge asked to enter a declaratory judgment that as a practical matter will dispose of some other case should consider whether...

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned. IJs and the BIA have no authority to grant any...

CA9 on Hardship, Jurisdiction: Arteaga-De Alvarez v. Holder

"Petitioner Laura Arteaga de Alvarez (“Arteaga”) is an undocumented Mexican national. She is married to a legal permanent resident, who obtained that status after being granted cancellation of removal in 2003, shortly before the couple married. They have three children who are all United...

CA7 on Jurisdiction, CAT, Kenya: Wanjiru v. Holder

"Since there is a split in the circuits on this point ... we think it prudent to explain further why § 1252(a)(2)(C) does not bar judicial review of a request for deferral of removal. ... Here both the documentary evidence and Wanjiru’s testimony (which, to repeat, the IJ found credible...

CA6 on Natz. Exhaustion, Jurisdiction: Shweika v. DHS

"For the past nine years, Mazen Shweika (“Shweika”) has prosecuted a single application for naturalization before both the United States Citizenship and Immigration Services (“USCIS”) and the U.S. District Court for the Eastern District of Michigan. This ongoing process now...

Anti-DACA Lawsuit Dismissed: Crane v. Napolitano

"[T]he Court finds that Congress has precluded Plaintiffs from pursuing their claims in this Court by enacting the CSRA. Therefore, the Court finds that this case should be and is hereby DISMISSED without prejudice for lack of subject-matter jurisdiction." Crane v. Napolitano, July 31, 2013...

Waiving Goodbye to Unappealable Decisions: Indirect AAO Jurisdiction

"While the AAO does not have jurisdiction directly over the denial of an adjustment application, the AAO does have jurisdiction over the denial of most waiver applications. And in the AAO’s view, appellate jurisdiction to determine whether someone should have been granted a waiver necessarily...

CA9 on Jurisdiction: Euceda Hernandez v. Holder

Court staff summary: "The panel granted Jose Miguel Euceda Hernandez’s petition for review of the Board of Immigration Appeals’ dismissal of his motion to reopen for lack of jurisdiction pursuant to its “place-of-filing” rule. The panel held that the Board’s interpretation...

BIA Unpub. on Jurisdiction

"The Ninth Circuit recently held that nothing in section 241 (a)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1231(8)(5), or its implementing regulations deprives the agency of discretion to afford an alien a new plenary removal bearing. Villa-Anguiano v. Holder, 727 F.3d 873, 878...

CA2 on Jurisdiction, Equity, CRBAs: Hizam v. Kerry

"Section 1503(a) allows a district court to grant just one type of relief: a declaration that a person is a U.S. national. The statute provides no authority for the remedy ordered by the district court: the return of Hizam’s CRBA. Moreover, the enactment of Section 1504 did not change the...

CA7: IJs Have U Visa Waiver Authority - L.D.G. v. Holder

"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under section 1182(d)(3)(A)." - L.D.G. v. Holder...

CA7 on Retroactivity, Stop-Time Rule: Jeudy v. Holder

"The BIA has determined that the stop-time rule applies retroactively to reach offenses that were committed before the rule’s effective date. See In re Robles-Urrea, 24 I. & N. Dec. 22, 27 (BIA 2006); In re Perez, 22 I. & N. Dec. 689, 692–93 (BIA 1999) (en banc). Jeudy counters...

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’ (USCIS) revocation of I-140 visa petitions filed...

Unpub. BIA Bond Jurisdiction Victory: Matter of Cerda Reyes

"The respondent appeals from the Immigration Judge's March 13, 2014, decision determining that she lacked jurisdiction under 8 C.F.R. § 1003.19(c) to consider his request for a change in custody status. ... The instant appeal requires us to determine whether the rules for applying for a...

CA9 on Finality, Jurisdiction: Abdisalan v. Holder

"When does an order of removal become “final” for the purpose of seeking judicial review? Panels of our court have reached varying conclusions, creating unnecessary confusion as to the timeliness of petitions for review and our jurisdiction to entertain them. We reheard this matter en...

BIA on Jurisdiction, Biometrics Advisory: Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015)

Official Headnotes: (1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program. (2) It is improper to deem an application for relief abandoned...

CA9 on Jurisdiction: Garcia v. Lynch

"We hold that 8 U.S.C. § 1252(a)(2)(C) does not bar review over the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent from the conviction that triggers the statutory bar." - Garcia v. Lynch, Aug. 18, 2015 .

CA2 on Portability, Jurisdiction - Mantena v. Johnson

Mantena v. Johnson, Dec. 30, 2015 - "Mantena had availed herself of the Immigration and Nationality Act’s so‐called “portability” provisions, 8 U.S.C. § 1154(j) and 8 U.S.C. § 1182(a)(5)(A)(iv), to move to a successor employer while continuing in her application for adjustment...

CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE

Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets out sufficient meaningful remedies for Alvarez...

CA11 on Jurisdiction, Reasonable Fear, Reinstatement: Jimenez-Morales v. Lynch

Jimenez-Morales v. Lynch, May 2, 2016 - "[T]he question we must address is whether the conclusion of the reasonable fear proceeding made Mr. Jimenez-Morales’ premature 2014 petition for review ripen into one that gave us jurisdiction. The government says no, while Mr. Jimenez-Morales says...

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...

Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The State Department argues inter alia, that the Court...

CA9 on Jurisdiction, Venue: Bibiano v. Lynch

Bibiano v. Lynch, Aug. 19, 2016 - "We have subject matter jurisdiction over final orders of removal. 8 U.S.C. § 1252(a)(1). It has been an open question in this circuit whether a venue defect under 8 U.S.C. § 1252(b)(2)—which specifies that proper venue exists in the circuit where...

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...

CA9 on Jurisdiction: J.E. F.M v. Lynch

J.E. F.M. v. Lynch, Sept. 20, 2016 - "This interlocutory appeal requires us to answer a single question: does a district court have jurisdiction over a claim that indigent minor immigrants without counsel have a right to government-appointed counsel in removal proceedings? Our answer to this jurisdictional...