LexisNexis® Legal Newsroom
CA7 (Posner) on I-864, Duty to Mitigate: Liu v. Mund

"Mund refused to provide the support specified in the federal affidavit, on the ground that his ex-wife wasn’t looking for work. So she filed the present suit, in federal district court in Wisconsin, seeking that support and contending that failure to mitigate damages is not a defense to the...

CA7 (Posner) Slaps BIA, IJ: Smykiene v. Holder

Ira Azulay writes: "Kudos to Shannon Shepherd, Judd Azulay & Helen Harnett for this awesome decision reminding the government attorneys, along with the BIA and the IJ, that notice is only valid if received, not if it's sent." - Smykiene v. Holder, Feb. 13, 2013 .

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice Department’s brief in this court is even...

CA7 (Posner) on Asylum, China, Changed Conditions, Chenery: Liu v. Holder

"The Justice Department insists that the only change was in the petitioner’s personal conditions. That is wrong. It ignores the change in country conditions. In arguing that reopening was barred because the only change was in personal conditions, the Department was once again violating the...

CA7 (Posner) on Entry: Margulis v. Holder

"The Board can reexamine, and if it wants overrule, a precedent, but it didn’t do that in this case. It ignored it. This is not permissible. An agency must give reasons for abandoning a precedent. ... The citation of the case by the Board is incomprehensible, and the government’s argument...

CA7 on Aggravated Misdemeanor; Posner Dissents: Velasco-Giron v. Holder

Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991 (BIA 1999)(en banc), followed. See Posner's dissent. - Velasco-Giron v. Holder, Sept. 26, 2014 .

CA7 (Posner) on Burden of Proof: Lopez-Esparza v. Holder

"Our ground for setting aside that ruling is not that the administrative law judge erred in finding that Lopez‐Esparza had failed to carry his burden of proof, but that the judge applied the wrong standard—the standard, of his invention, that imperfect recollection precludes a finding of continuous...

Dear Judge Posner: We Are Not Weak

March 6, 2015 Hon. Richard A. Posner Room 2788F Everett McKinley Dirksen United States Courthouse 219 S. Dearborn Street Chicago, IL 60604 Re: Bouras v. Holder , No. 14-2179 (Mar. 4, 2015) Dear Judge Posner: You owe over thirteen thousand lawyers an apology. In a flippant, offhand insult...

CA7 (Posner) on Padilla, Crimmigration: DeBartolo v. USA

"Renato DeBartolo, 48 years old, immigrated to the United States with his family at the age of one, but unlike most of his family never got around to applying for U.S. citizenship. He is married to an American citizen, however, and his seven or ten children (the correct number is uncertain) are...

CA7 (Posner) on Mexico, CAT, Zetas - Rodriguez-Molinero v. Lynch

Rodriguez-Molinero v. Lynch, Dec. 17, 2015 - "If the Mexican government could be expected to protect the petitioner from the Zetas should he be returned to Mexico, the risk that he would be tortured or killed might be too slight to entitle him to deferral of removal. But the legal team representing...

CA7 (Posner) on Mexico, CAT, La Linea - Mendoza-Sanchez v. Lynch

Mendoza-Sanchez v. Lynch, Dec. 23 2015 - "We explained in Rodriguez-Molinero that if the Mexican government could be expected to protect the petitioner from the drug cartel that wanted to kill him, if he were returned to Mexico, the risk that he would be tortured or killed might be too slight to...

Posner Dings the BIA Again: CA7 on Withholding, Nicaragua - Gutierrez-Rostran v. Lynch

Gutierrez-Rostran v. Lynch, Jan. 13, 2016 - "The treatment by the immigration court and the Board of the cousin’s murder was too cursory to justify denial of Gutierrez-Rostran’s application for withholding of removal. ... Neither the immigration judge nor the (as usual) single-member...

Posner Dissents in CA7 Jamaican CAT Case: Fuller v. Lynch

"The majority opinion upholds the denial of relief to Ray Fuller, a Jamaican citizen who seeks relief against removal to Jamaica. His ground for relief is that in Jamaica he would face a likelihood of persecution and torture because he is bisexual. The merit of his claim depends on how two issues...

CA7 on CIMT, False Use of SSN: Arias v. Lynch

Arias v. Lynch, Aug. 24, 2016 - "We grant the petition and remand the case to the Board for further proceedings. Arias was convicted under a statute making it a federal crime to misrepresent a social security number to be one’s own “for any … purpose.” 42 U.S.C. § 408...

Judge Posner on Social Group, Immutability: Salgado Gutierrez v. Lynch (Concurring)

Salgado Gutierrez v. Lynch, Aug. 24, 2016 - "I write separately only to address a proposition in the immigration court’s opinion (and echoed I regret to say in opinions of this court) that seems to me palpably false, though not determinative in this case. The proposition is that the status...

Posner, Easterbrook Skewer Indiana at Oral Argument: Exodus Refugee International v. Pence

Esther Yu Hsi Lee, ThinkProgress, Sept. 15, 2016 - "In a tense exchange with attorneys defending Indiana Gov. Mike Pence’s order to prevent Syrian refugees from resettling in his state, two federal judges sharply criticized the legal rationale behind the effort. During oral arguments on Wednesday...

CA7 on Syrian Refugees, Indiana: Exodus v. Pence

Exodus v. Pence, Oct. 3, 2016 - "The State of Indiana appeals from the grant of a preliminary injunction to a private agency named Exodus that assists refugees, some of whom are Syrian refugees, the state’s target. ... The governor of Indiana believes, though without evidence, that some of...

Let's Close Out 2016 With a Posner Dissent: Chavarria-Reyes v. Lynch

"The removal proceeding was thus cursory, indeed farcical. See Kerciku v. INS, 314 F.3d 913, 917–18 (7th Cir. 2003). Chavarria‐Reyes was given no opportunity to explain his employment history in the United States (he claims to have worked as a carpenter throughout his sojourn here, until he...

CA7 (Posner) on CAT, Honduras, HIV Status: Velasquez-Banegas v. Lynch

Velasquez-Banegas v. Lynch - "Suppose a person if removed to his country of origin would be sure to be persecuted unless, by living in a cave, he avoided all contact with other persons. The next step would be to rule that no one can have a real fear of persecution because if persecution looms he...

CA7 (Posner) on Two Sudans: Arej v. Sessions

Arej v. Sessions, Mar. 28, 2017 - "The population of the Republic of the Sudan is almost entirely Muslim, whereas most of the population of the Republic of South Sudan practices Christianity or African traditional religion. The religious difference between the two nations is germane to this immigration...

Posner Stays Removal in MTR, Cancellation Case: Sanchez v. Sessions (CA7)

Sanchez v. Sessions, May 24, 2017 - "Given the irreparable harm that Sanchez’s removal could inflict on his minor U.S.‐citizen children, we have decided to stay the order of removal until we rule on his petition for review of the decision of the Board of Immigration Appeals denying his motion...