LexisNexis® Legal Newsroom
News Excerpts From the Jan. 1, 2015, Bender’s Immigration Bulletin

Labor Department Ends Use of Employer-Provided Wage Surveys for H-2B Program | Following a major decision from the U.S. Court of Appeals for the Third Circuit, the Department of Labor announced that it will no longer issue prevailing wage determinations for the H-2B program resulting from wage surveys...

CA3 on Religious Worker Visa Regulation: Shalom Pentecostal Church v. DHS

"The Third Circuit on Tuesday upheld a New Jersey federal judge's order striking down a regulation by the U.S. Citizenship and Immigration Service requiring religious worker visa applicants to be performing such work only while legally authorized, saying the rule exceeded the agency's authority...

CA3 on Mandatory Detention, Habeas: Chavez-Alvarez v. Warden

"Chavez-Alvarez appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Government is violating his right to due process by detaining him, pursuant to 8 U.S.C. §1226(c), without a bond hearing since June 5, 2012. We will reverse the District...

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) ], which affirmed the determination of the Immigration...

CA3 Orders ICE to Find and Return Deported Mother and Daughter from Guatemala

"U.S. Court of Appeals judge has ordered* U.S. officials to intercept a mother and her 12-year-old daughter on plane Friday being deported to Guatemala and immediately return them to the United States. The 34-year-old mother, Ana, and her daughter were woken up at 3 a.m. Eastern Daylight Time...

New CA3 Standing Order: Stays of Removal Pending Disposition of Motion for Stay

Wednesday, August 5, 2015 - Standing Order Regarding Stays in Immigration Cases

News Excerpts From the Sept. 15, 2015, Bender’s Immigration Bulletin

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion available to lexis.com subscribers | Lexis Advance...

CA3 on Stop-Time Rule, Chevron: Orozco-Velasquez v. Atty. Gen.

Orozco-Velasquez v. Atty. Gen., Mar. 11, 2016 - "We appointed pro bono amicus curiae counsel and directed amicus curiae and the parties to address in supplemental briefs whether (1) Camarillo is entitled to deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., and (2...

CA3 Agrees With CA7, Strikes Down K-4 Visa Reg: Cen v. Atty. Gen.

Cen v. Atty. Gen., June 6, 2016 - "The Immigration and Nationality Act (INA) allows a child under the age of twenty-one whose alien parent has married a U.S. citizen abroad to obtain a temporary “K-4” visa to accompany her parent to the United States and, based on the parent’s...

Is a Special Court-Martial a 'Court' for Immigration (Removal) Purposes? - Gourzong v. Atty. Gen. (CA3)

Gourzong v. Attorney General, June 14, 2016 Majority : "We agree with the BIA that, as a general matter, convictions by special courts-martial qualify as convictions for purposes of the INA." Dissent : "Gourzong was not “convicted of an aggravated felony within the meaning...

CA3 on Habeas, Suspension Clause: Castro v. DHS

Castro v. DHS, Aug. 29, 2016 - "We hold that, at least as applied to Petitioners and other similarly situated aliens, § 1252 does not violate the Suspension Clause. Consequently, we will affirm the District Court’s order dismissing Petitioners’ habeas petitions for lack of subject...

Fewer Rights in Pennsylvania than Guantanamo: Some Reactions to Castro v. DHS - David Isaacson

David Isaacson, Sept. 13, 2016 - " On August 29, 2016, the Court of Appeals for the Third Circuit issued its decision in Castro v. Dept. of Homeland Security , a consolidated set of habeas corpus petitions brought by asylum-seekers subject to expedited removal orders and detained within the Eastern...

CA3 Revises Ordonez-Tevalan (Guatemala; Domestic Violence)

Ordonez-Tevalan v. Attorney General, Sept. 21, 2016 - "The petition for rehearing filed by petitioners in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is granted. The...

Unpub. CA3 CAT Remand; Mexico; Sinaloa Cartel; Acquiescence - Guerrero v. Atty. Gen.

Guerrero v. Atty. Gen., Oct. 18, 2016 - "The agency construed the “acquiescence” standard too narrowly. In emphasizing the Mexican government’s efforts to combat the drug cartels and root out corruption, the IJ assumed that as long as the government is attempting to help its citizens...

CA3: 16(b) Void for Vagueness - Baptiste v. Atty. Gen.

Baptiste v. Attorney General, Nov. 8, 2016 - "[B]ecause the two inquiries under the residual clause that the Supreme Court found to be indeterminate—the ordinary case inquiry and the serious potential risk inquiry—are materially the same as the inquiries under § 16(b), § 16...

Pickering Victory in CA3: Rivas Rodriguez v. Atty. Gen.

Rivas Rodriguez v. Atty. Gen., Dec. 19, 2016 - "Raul Rivas Rodriguez (“Rivas”) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of the Immigration Judge (“IJ”) denying his motion to terminate...

CA3 on Modified Categorical Approach, CIMT: Chavez-Alvarez II

Chavez-Alvarez v. Atty. Gen., Mar. 9, 2017 - "In the simplest of terms, the BIA reasoned that the President — through his delegated authority to define punishments for those who commit military crimes — essentially could create the definition of those crimes himself. He cannot, as the...

Cert. Denied in Castro v. DHS (CA3)

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from invoking the protections of the suspension clause"...

CA3 on 'Particularly Serious Crime' - Flores v. Atty. Gen.

Flores v. Atty. Gen., May 8, 2017 - "Patricia Flores, a native and citizen of Guatemala, seeks review of a decision by the Board of Immigration Appeals (“BIA”) that found her ineligible for withholding of removal because she had been convicted of a “particularly serious crime”...

CA3 on Due Process: Serrano-Alberto v. Sessions

Serrano-Alberto v. Sessions, June 12, 2017 - "The Fifth Amendment protects the liberty of all persons within our borders, including aliens in immigration proceedings who are entitled to due process of law — that is, a meaningful opportunity to be heard — before being deported. In this...

CA3 on CIMT: Ildefonso-Candelario v. Atty. Gen.

Ildefonso-Candelario v. Atty. Gen. - "Section 5101, the Pennsylvania statute at issue, provides: A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference...

CA3 on Honduras, Withholding: Mendoza-Ordonez v. Atty. Gen.

Mendoza-Ordonez v. Atty. Gen. - "[W]e are convinced that evidence of the politically motivated death threats, the inaction on Mendoza’s complaints, a perpetrator and judge who shared a political affiliation in opposition to that of Mendoza, and evidence of a politically corrupt justice system...

CA3 on Terrorism Bar: Uddin v. Atty. Gen.

Uddin v. Atty. Gen., Sept. 6, 2017 - "The Board of Immigration Appeals (“Board”) found that Joshim Uddin, a citizen and native of Bangladesh, was ineligible for withholding of removal because he was a member of the Bangladesh National Party (“BNP”), a major political party...

CA3: 18 U.S.C. § 16(b) Unconstitutionally Vague - Mateo v. Atty. Gen.

Mateo v. Atty. Gen., Sept. 6, 2017 - "This appeal requires us to determine whether Wilson Emilio Peguero Mateo’s conspiracy plea for Robbery of a Motor Vehicle under Pennsylvania law qualifies as a “crime of violence” under 18 U.S.C. § 16(b), as incorporated into 8 U.S.C....

CA3 on Credibility, Clear Error: Alimbaev v. Atty. Gen.

Alimbaev v. Atty. Gen., Sept. 25, 2017 - "This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) and fueled by troubling allegations that Petitioner, an Uzbek...