LexisNexis® Legal Newsroom
Federal Appeals Court: Term 'Alien' is 'Offensive and Demeaning'

"We recognize that using the term “alien” to refer to other human beings is offensive and demeaning. We do not condone the use of the term and urge Congress to eliminate it from the U.S. Code." - Footnote 1, Flores, et al. v. USCIS, et al., June 4, 2013 .

CA6 on Persecution, El Salvador: Torres-Vaquerano v. Holder (Unpub.)

"José Angel Torres-Vaquerano petitions for review of the Board of Immigration Appeals (BIA) affirmance of the Immigration Judge’s (IJ) decision denying his application for withholding of removal and humanitarian relief. The IJ and BIA both found that Torres-Vaquerano presented no evidence...

Legal Foundation: Supreme Court Must Reverse Appeals Court Equal Protection Ruling

DENVER ­­- A western nonprofit, public-interest legal foundation on July 1 urged the Supreme Court of the United States to reverse a ruling by the U.S. Court of Appeals for the Sixth Circuit invalidating a voter-approved ballot initiative barring discrimination by the State of Michigan on the...

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...

CA6 on Degree, Burden of Proof: Ward v. Holder

Maris J. Liss writes: "We had a nice win in the 6th Circuit today, Ward v. Holder . 1. The Court held that "clear, unequivocal, and convincing" is a very high standard and close to the standard in criminal proceedings. The government must meet this standard to prove an LPR abandoned...

CA6 on Standing: Patel v. USCIS

"Disembodied notions of statutory purpose cannot override what the statute actually says. What § 1153(b)(3) says is that the alien, ultimately, is the one who is entitled to the employment visa. The alien’s interest in receiving it is therefore within the zone of interests protected or...

Steptoe & Johnson PLLC: Employers Can't Shorten the Statute of Limitations for FLSA and EPA Claims

By Lindsay M. Bouffard Observant employers who have taken note of the Department of Labor’s increasing enforcement activity in the oil and gas industry may be looking for creative ways to limit their liability. However, a recent Sixth Circuit case makes it clear that trying to shorten employees’...

CA6 Greenlights ICE Detainers on American Citizens: Ortega v. ICE

Majority : "[T]he district court properly granted qualified immunity to the defendants." Dissent : "To allow ICE to issue a detainer against an American citizen, with unlimited discretion and without any accountability, sets a dangerous precedent and offends any and all notions of due...

Williams Mullen: Court’s Award Of $3.8 Million Raises Questions About The Scope Of ERISA Remedies

By Mark S. Thomas and Robert W. Shaw The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North America , No. 12-2074 (6th Cir. Dec. 6, 2013) [ enhanced...

CA6 on Binding Concession by Attorney, CIMT: Hanna v. Holder

"[W]e grant Hanna’s petition for review, reverse the BIA’s holding that Hanna’s admission is binding, and relieve Hanna of his attorney’s concession of removability. Because the BIA’s determination that Hanna is removable is predicated on this concession, we reverse...

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch

CINCINNATI — (Mealey’s) A split Sixth Circuit U.S. Court of Appeals on Jan. 21 reversed dismissal of a fentanyl patch overdose lawsuit, saying the trial court needs to determine whether the patch is a combination product that is not preempted by Michigan’s drug preemption law ( Beth...

CA6 on Changed Conditions, Jurisdiction, Zimbabwe: Mandebvu v. Holder

"For more than two decades, Robert Mugabe has exercised power as the repressive head of state of Zimbabwe. Although he has permitted official national elections in recent years, Mugabe’s Zimbabwe African National Union-Patriotic Front (“ZANU-PF”) party has maintained control of...

CA6 (Unpub.) on Equitable Tolling: Lisboa v. Holder

"The petitioner, Jose S. Lisboa, Jr., seeks review of a decision by the Board of Immigration Appeals denying his motion to reopen removal proceedings. An immigration judge ordered Lisboa, then legally in the country, removed on the basis of a conviction in state court. After his removal, a state...

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics incurred in obtaining their J-1 waivers and H-1B...

CA6 on Timely Retraction: Ruiz Del Cid v. Holder

"The BIA’s decision at issue here, with precious little explanation, concludes Ruiz could not benefit from the retraction exception because he had “delayed retraction of his false testimony before the asylum officer for 4 years.” Perhaps the BIA thought four years to be so long...

CA6 on 212(h): Stanovsek v. Holder

"This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

Top Court Vacates ACA Birth Control Ruling, Remands Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on April 27 granted two Catholic groups’ petition for certiorari and vacated a Sixth Circuit U.S. Court of Appeals ruling that the Patient Protection and Affordable Care Act’s contraceptive mandate did not substantially burden...

CA6 on Iraq, Chaldean Christians, Asylum, Misrepresentation: Yousif v. Lynch

"Because the IJ did not determine whether, at the time that Yousif submitted his application, contemporary conditions in Iraq were so dangerous for Chaldean Christians that Yousif would have been eligible for asylum based solely upon his religion, the IJ failed to determine whether Yousif’s...

CA6 on Credibility: Marouf v. Lynch

Marouf v. Lynch, Jan. 6, 2015 - "In this immigration case, petitioners Nancy Marouf, Saed Marouf, and Naheda Marouf seek review of the Board of Immigration Appeals’ order affirming the decision of an Immigration Judge denying their applications for asylum, withholding of removal, and protection...

CA6 Equitable Tolling Remand: Mendoza v. Lynch (Unpub.)

Mendoza v. Lynch, Apr. 28, 2016 - "Here, the BIA concluded that Mendoza was not diligent before or after she learned of Chavez’s alleged ineffectiveness. But the BIA’s reasons for concluding that Mendoza failed to establish diligence are not supported by the record. In particular, the...

CA6 on APA Finality: Hosseini v. Johnson

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration Service’s (“USCIS’s”...

CA6 on Crime of Violence, Void for Vagueness - Shuti v. Lynch

Shuti v. Lynch, July 7, 2016 - "In Johnson v. United States, 135 S. Ct. 2551 (2015), the Supreme Court held the Armed Career Criminal Act’s residual definition of “violent felony” void for vagueness. 18 U.S.C. § 924(e)(2)(B)(ii). In this case, we consider whether that pathmarking...