LexisNexis® Legal Newsroom
CA7 on 212(c), Rehabilitation: Avila-Ramirez v. Holder

"An immigration judge found Carlos Avila-Ramirez “credible” and gave “full weight to his testimony” at a hearing requesting discretionary relief from removal. That testimony included Avila-Ramirez’s denial that he had committed any underlying wrongdoing during the times...

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...

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...

CA7 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder

"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his brother’s widow, his property and will attempt...

CA7 on Evidence, Ineffective Assistance: Chen v. Holder

"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected to offer evidence and arguments that might...

CA7 on Adverse Credibility, Asylum, Mongolia: Nadmid v. Holder

"Gonchigsharav Nadmid, a Mongolian businessman, petitions for review of the denial of his application for asylum and withholding from removal based on (1) his political opinion denouncing two prominent and corrupt politicians by name at a public rally and (2) his membership in the social group of...

CA7 on Ineffective Assistance of Counsel: Habib v. Lynch

"Ashraf Habib, a 56-year-old citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals denying his motion to reopen on the ground of ineffective assistance of counsel. Habib was charged with removability for misrepresenting a material fact—his marital status...

CA7 on Credibility, China: Liu v. Lynch

"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge’s (IJ) adverse credibility finding, which was...

CA7 on Burden of Proof: Hernandez Lara v. Lynch

"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona fide and ordered him removed. The...

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 on FOIA, H-1B Stats: Rubman v. USCIS

"H-1B visas allow U.S. companies to hire noncitizen workers with specialized skills. The United States Citizenship and Immigration Services (“CIS”), an agency within the Department of Homeland Security (“DHS”), is responsible for their issuance. David Rubman sent CIS a request...

CA7 Asylum Remand: Wang v. Lynch

"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures, qualifies as “other resistance.”...

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: 18 USC 16(b) Unconstitutionally Vague - USA v. Vivas-Ceja

USA v. Vivas-Ceja, Dec. 22, 2015 - "The district court concluded that Vivas-Ceja’s Wisconsin conviction for fleeing an officer was a crime of violence under § 16(b), raising the maximum sentence to 20 years. The court imposed a sentence of 21 months. Vivas-Ceja appeals, arguing that §...

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...

CA7 on CAT, Standard of Review - Estrada-Martinez v. Lynch

Estrada-Martinez v. Lynch, Dec. 31, 2015 - "Estrada is not eligible for withholding of removal because he was convicted in an Illinois state court of statutory rape in 1996, and the Board has characterized his conviction as “particularly serious.” Committing a crime that the Attorney...

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...

CA7 on FGM, Botstwana: Musa v. Lynch

Musa v. Lynch, Feb. 19, 2016 - "Bathusi Musa, a citizen of Botswana, petitions for review of the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture, all based on her fear that her family will force her to undergo female genital mutilation...

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...

CA7 on El Salvador, Former Gang Members - Romero Arrazabal v. Lynch

Romero Arrazabal v. Lynch, May 4, 2016 - "Arrazabal fears that if he is returned to El Salvador, he will be persecuted by his gang, a rival gang, or the police. An immigration judge found his testimony incredible and denied all relief; the Board of Immigration Appeals upheld that decision. Arrazabal...

CA6 on Padilla, Prejudice...And The National Interest: Lee v. USA

Lee v. USA, June 8, 2016 - "In Pilla we held that no rational defendant charged with a deportable offense and facing “overwhelming evidence” of guilt would proceed to trial rather than take a plea deal with a shorter prison sentence. 668 F.3d at 373. Lee finds himself in precisely this...

CA7 on Credibility: Yuan v. Lynch

Yuan v. Lynch, June 28, 2016 - "We conclude that the purported inconsistencies regarding Yuan’s injuries and time in the hospital, his method of transportation to the hospital, and whether or not government officials questioned him at his workplace are either so easily explained or so trivial...

CA7 on Exemption from I-751 Joint-Filing Requirement - Putro v. Lynch

Putro v. Lynch, July 7, 2016 - "This case involves the application of an exemption in the immigration laws for an alien seeking to obtain unconditional lawful permanent resident status as a result of her marriage to a U.S. citizen. Vera Putro, a citizen of Latvia, married a U.S. citizen in 2004...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch (unpub.)

Jimenez Ferreira v. Lynch, July 12, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...