LexisNexis® Legal Newsroom
Utah Woman Faces Deportation After Losing Appeal

"Kairi Shepherd was an orphan living in India when a Utah woman adopted her in 1982 — a seemingly good turn of luck for the 3-month-old, which included her obtaining legal permanent resident status in the United States. But when she was 8, her adoptive mother died of cancer. When she...

CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)

"Because the BIA’s decision does not demonstrate thorough consideration of petitioner’s case, offer sufficient support for its reasoning, and is inconsistent with its earlier pronouncements on crimes involving moral turpitude, the BIA’s decision is not persuasive and is not entitled...

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...

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it occurred a significant distance from the U.S. border...

Unpub. CA10 Credibility Remand: Zheng v. Holder

"Na Zheng and Jin De Pan petition for review of a final removal order from the Board of Immigration Appeals (BIA). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition because the BIA’s credibility determination was not adequately founded on cogent and substantially...

CA10 on Nepal; Asylum, Withholding, CAT: Raj Karki v. Holder

"The agency’s decision to deny Petitioner’s claims for asylum and restriction on removal cannot be upheld on any of the grounds given by the BIA. ... The record as a whole simply does not support the BIA’s conclusion that Petitioner failed to show that public officials in Nepal...

CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder

"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child neglect, or child abandonment” under section...

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding that he failed to demonstrate past persecution...

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s presence in Dallas and the fact that proceedings...

CA10 on 'When...Released' - Olmos v. Holder (Mandatory Detention)

"For aliens, a criminal conviction can often result in removal (deportation). When an alien is convicted and the federal government seeks removal, an immigration judge can ordinarily conduct a bond hearing to decide whether the alien should be released or detained while he waits for his removal...

CA10 on H-2B, Improper Delegation: Daniels v. Perez

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing the buck on a non-delegable duty exceeds elastic limits...

CA10 on Briones, Brand X and Retroactivity: De Niz Robles v. Lynch

"[W]e take heart from the fact that the only other circuit to have considered the competing factors at play in a case like our own has reached the same judgment we do. In Acosta-Olivarria, the Ninth Circuit employed its version of the Stewart Capital factors and refused to allow the BIA to apply...

CA10 on FLSA, H-2A, Quantum Meruit - Saenz Mencia v. Allred

Saenz Mencia v. Allred, Dec. 14, 2015 - "Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per month plus food and lodging. He now claims this pay...

CA10 on CIMT, 212(h) Waiver - Obregon de Leon v. Lynch

Obregon de Leon v. Lynch, Dec. 22, 2015 - "We affirm the Board’s determination that Mr. Obregon is removable because his conviction for possession of stolen vehicles constitutes a crime involving moral turpitude. However, Mr. Obregon is statutorily eligible to apply for a discretionary waiver...

CA10 on Chevron, Aggravated Felony: Rangel-Perez v. Lynch

Rangel-Perez v. Lynch, Mar. 1, 2016 - "Petitioner Fabian Rangel-Perez challenges the Board of Immigration Appeals’ (“BIA”) characterization of his Utah misdemeanor conviction as an “aggravated felony” under the Immigration and Nationality Act (“INA”). ....

CA10 on Chevron, Brand X and Retroactivity: Gutierrez-Brizuela v. Lynch

Gutierrez-Brizuela v. Lynch, Aug. 23, 2016 - "Hugo Gutierrez-Brizuela applied for adjustment of status in reliance on our decision in Padilla-Caldera I during the period it remained on the books. About that much there is no dispute. But unlike Mr. De Niz Robles, Mr. Gutierrez-Brizuela applied for...

CA10 on 16(b) Crime of Violence: Golicov v. Lynch (DOJ's position 'baffling')

Golicov v. Lynch, Sept. 19, 2016 - "Petitioner Constantine Fedor Golicov, a lawful permanent resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) concluding that his Utah state conviction for failing to stop at a police officer’s command renders...