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.7th Cir upholds poor adv cred finding based on inconsistency w State Dept repts- September 19, 2008 Musollari v. Mukasey (7th Cir. Sept. 19, 2008) SYKES Evans (Williams - dissenting) The 7th Cir struck down most of the adverse credibility finding, based on IJ factual and analytical errors, but still found the decision supported by substantive evidence. Petitioner's description of 1997 elections was different than State Dept reports. "Although we have repeatedly cautioned against overreliance on generalized information in country profiles or State Department country...http://www.immigrantjustice.org/content/view/929/170/ The Visitor film screening and panel discussion- September 19, 2008 Heartland Alliance's National Immigrant Justice Center and the Midwest Coalition for Human Rights Present The Visitor Film Screening and Panel Discussion on Immigrant Detention Wednesday October 22, 2008 5:30 p.m. - 8:30 p.m. Chicago-Kent College of Law 565 W. Adams Street Read more...http://www.immigrantjustice.org/content/view/928/74/ 9th Cir.: Prolonged Detention - Reverses Habeas Grant and Injunction But Remands of Bond Hearing- September 19, 2008 Mukasey v. Diouf (9th Cir., 91808, No.s 07-55337 and 08-55504) M. SMITH, Farris, Fisher The 9th Cir. granted the government's consolidated appeals of the district court's granting a habeas corpus petition and an injunction requiring the IJ to hold a bond hearing. The 9th Cir. held that the district court erred in granting the writ because petitioner's detention wasn't indefinite and the preliminary injunction was an abuse...http://www.immigrantjustice.org/content/view/927/170/ Post-Raid Legal Orientation Presentation Request Letter- September 18, 2008 Use this template to prepare a letter to take with you when you seek access to a detention facility to offer legal orientation presentations (LOPs) following a raid. Read more...http://www.immigrantjustice.org/content/view/926/235/ 9th Cir.: Past Persecution of Armenian and Abuse of Discretion Denying Continuance for Fingerprints- September 17, 2008 Karapetyan v. Mukasey (9th Cir., 91608, No. 05-75865) PREGERSON, Wardlaw, Archer The 9th Cir. reviewed petitioner's two petitions for review - one appealing the denial of asylumwithholdingCAT and one denying petitioner's motion to reconsider to the BIA. 1. The IJ found that petitioner's testimony was credible but lacked corroborating evidence. The 9th Cir. held that petitioner's credible testimony of past persecution and fear of...http://www.immigrantjustice.org/content/view/925/170/ Justice for Ana Romero- September 17, 2008 The Kentucky Coalition for Immigrant and Refugee Rights is circulating a petition to demand answers about the death of Ana Romero, a 44-year-old mother who died at a jail in Franklin County, Kentucky, while in the custody of U.S. Immigration and Customs Enforcement. Read more...http://www.immigrantjustice.org/content/view/924/77/ 9th Cir.: Pre-IIRAIRA DV Conviction Doesn't Preclude Cancellation- September 17, 2008 Mota v. Mukasey (9th Cir., 91708, No. 07-71880) THOMPSON, Wardlaw, Moskowitz The 9th Cir. granted the petition for review and found that the petitioner's application for non-LPR cancellation was not precluded by a 1990 conviction for injury of a child. The NTA charged petitioner as removable due to a conviction of domestic violence. After the agency's decision the BIA held that a conviction for domestic violence...http://www.immigrantjustice.org/content/view/923/170/ 7th Cir reaffirms that 2d drug conviction is AggFel - Rovner dissents- September 16, 2008 Fernandez v. Mukasey (7th Cir. 91508) MANION Sykes Rovner (dissenting) The 7th Cir adhered to its previous holding in U.S. v. Pacheco-Diaz, (Pacheco I) 506 F.3d 545 (7th Cir. 2007), as reaffirmed by U.S. v. Pacheco-Diaz (Pacheco II), 513 F.3d 776 (7th Cir. 2008) (per curiam, with Judge Rovner dissenting from denial of rehearing), that a second or subsequent conviction for drug possession is an aggravated felony. The CtApp's analysis was: 1. The AggFel definition...http://www.immigrantjustice.org/content/view/921/170/ SAVE THE DATE: See a movie, learn about detention, take action- September 15, 2008 The National Immigrant Justice Center and the Midwest Coalition for Human Rights are hosting a screening of the critically acclaimed feature film The Visitor on October 22, 2008, at the Chicago-Kent College of Law. Read more...http://www.immigrantjustice.org/content/view/920/77/ 9th Cir.: Jamaica Has Pattern or Practice of Persecution and Torture of Gay Men- September 15, 2008 Bromfield v. Mukasey (9th Cir., 91508, No. 05-75844) FLETCHER, Paez, Schwarzer Petitioner was a LPR from Jamaica charged as being removable due to the conviction of an aggravated felony. Petitioner appeared before the IJ pro se and admitted removability. The IJ determined that petitioner was not eligible for asylum but was not convicted of a particularly serious crime and allowed petitioner to apply for withholding of removal and CAT...http://www.immigrantjustice.org/content/view/919/170/ |