Immigration Litigation Update1stcircuit,2ndcircuit,3rdcircuit,4thcircuit,5thcircuit,6thcircuit,7 ...Subscribe here to receive an RSS feed of the Immigration Litigation Update, a blog with daily updates from the National Immigrant Justice Center on federal litigation and court decisions around the United States that impact immigrants.HIV Immigration Ban Lifted!- September 27, 2008 A 21-year ban to entry for foreigners who are HIV-positive was lifted in July when President Bush signed the President's Emergency Plan for AIDS Relief (PEPFAR).http://www.immigrantjustice.org/content/view/841/16/ 2d Cir. rejects Board approach of going below conviction record for ag fel determination- September 26, 2008 Gertsenshteyn v. Mukasey, 2nd Cir. (92508, case nos. 07-1183-ag) CALABRESI, B.D. Parker, Underhill Petitioner, a citizen of Ukraine who was convicted of violating and conspiring to violate 18 U.S.C. § 2422(a), prohibiting the enticing of individuals to travel in interstate or foreign commerce to engage in prostitution, filed PFR following BIA’s determination that he had been convicted of an aggravated felony. In order to constitute an ag fel under..http://www.immigrantjustice.org/content/view/938/170/ 2nd Cir. remands to BIA to set standards regarding continuances- September 25, 2008 Rajah v. Mukasey, 2nd Cir. (92408, case nos. 06-3493-ag) CALABRESI, Winter, Walker Petitioner with pending labor cert challenged denial of continuance by IJ, affirmed by the BIA. Petitioner, who is also a petitioner in the court’s other 92408 decision regarding the legality of the NSEERS program, was placed into proceedings in April 2003, following his registration with INS as part of the NSEERS program. An application for labor...http://www.immigrantjustice.org/content/view/937/170/ 2d Cir. rejects challenges to NSEERS- September 25, 2008 Rajah et al v. Mukasey, 2nd Cir. (92408, case nos. 06-3493-ag; 06-3811-ag; 06-4102-ag; 06-5390-ag) WINTER, Walker, Calabresi In consolidated case of 4 individuals placed in removal proceedings and ordered removed following their registration as part of the post-911 NSEERS (Special Registration) program, the Second Circuit rejected all of petitioners’ legal challenges to the NSEERS program and the deportation proceedings brought against them. In short, the court found..http://www.immigrantjustice.org/content/view/936/170/ 1st Circuit Declines Very Briefly PFR- September 24, 2008 Lu v. Mukasey (92408) Howard, BALDOCK, Selya In a two-page decision denying Lu’s PFR, the First Circuit upheld the BIA and IJ adverse credibility in Lu’s asylum hearing. The Court stood by its prior decisions in stating “‘when a lower court accurately takes the measure of a case and articulates a cogent rationale, it serves no useful purpose for a reviewing court to write at length.’” Metropolitan Life Read more...http://www.immigrantjustice.org/content/view/935/170/ 9th Cir.: Burglary Conviction Constitutes an Attempted Theft and Agg Felony- September 24, 2008 Ngaeth v. Mukasey (9th Cir., 92408, No. 04-71732) PER CURIAM: Silverman, Berzon, Benitez This is the review of the BIA's denial of a petition to reopen. Ngaeth came to the U.S. as a refugee and adjusted to LPR in 1982. In late 1992 he pled guilty to second degree burglary under Cal. Penal Code 459 and received a one year sentence. In 1999 iCE issued an NTA to Ngaeth alleging he was removable due to conviction of an aggravated felony. ..http://www.immigrantjustice.org/content/view/934/170/ SG supports cert grant re identity theft- September 22, 2008 Mendoza-Gonzalez v. United States, cert. pet. pending (No. 08-5316) The circuits have split on the question of whether Aggravated Identity Theft requires the knowledge that the person whose data is used actually exists. In Mendoza-Gonzalez, the 8th Cir held that proving such knowledge is unnecessary. Petitioner (represented by the Federal Public Defender for Iowa), sought cert. The Solicitor General has acquiesced in the cert petition filed in Mendoza-Gonzalez, making...http://www.immigrantjustice.org/content/view/933/170/ 9th Cir vacates Al-Mousa, remanding to BIA re- September 22, 2008 Al-Mousa v. Mukasey (9th Cir. Sept. 22, 2008) PER CURIAM BFletcher, Canby, Rawlinson A panel of the 9th Cir granted panel rehearing in the case of Al-Mousa, where the Court's earlier decision remanded to the Board for it to decide whether someone between 18 and 21 was a child for purposes of tolling the one-year filing deadline, and for purposes of excusing exhaustion. (Judge Rawlinson dissented from Judge Betty Fletcher's earlier decision, arguing that the matter...http://www.immigrantjustice.org/content/view/932/170/ 5th Cir: No juris over equitable tolling, because it's ultimately in BIA sua sponte discretion- September 19, 2008 Ramos-Bonilla v. Mukasey (5th Cir. Sept. 18, 2008) PRADO King DeMoss The 5th Cir found no jurisdiction over BIA's refusal to sua sponte reopen a NACARA-eligible individual's case. Original atty filed mtn to reopen timely, but sent the NACARA App to the VSC (under NACARA reopening, there were deadlines for the mtn to reopen, and another deadline for the I-881). Atty later told the IJ it had been sent to the wrong place, but IJ denied reopening because of untimely...http://www.immigrantjustice.org/content/view/931/170/ 9th Cir.: Upholds Denial of AsylumWCAT Since Reasonable Grounds to Believe Security Danger- September 19, 2008 Malkandi v. Mukasey (9th Cir., 91908, No. 06-73491) McKEOWN, Reinhardt, Tashima Petitioner Iraqi Kurd came to the U.S. as a refugee from Iraq after a successful application while in Pakistan. He adjusted to LPR status and applied for citizenship. During the pendency of his citizenship application the FBI started an investigation of him. He was placed in removal, admitted he had lied to the UNHCR and U.S. re his history in Iraq and Iran, had.http://www.immigrantjustice.org/content/view/930/170/ |