Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for withholding...
Spring, Texas attorney Veronica Semino scored this unpublished BIA remand for her client, who was detained in Oakdale. UPDATE: On Nov. 10th, the IJ granted AOS and the client was released from ICE detention! In the single-member decision dated Aug. 5, 2021...
Johnson v. Guzman Chavez Majority (Alito) - "Federal immigration law contains various provisions authorizing the Government to detain aliens during the removal process. This case concerns two of them: 8 U. S. C. §1226 and 8 U. S. C. §1231. We are asked to...
Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021) - Where the Department of Homeland Security states that an applicant may be removed to a country pursuant to section 241(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(2) (2018), the applicant may...
Texas v. USA "The State of Texas moves for a preliminary injunction to enjoin the United States (the “Government”)1 from executing a 100-day pause on the removal of aliens already subject to a final Order of Removal. (Dkt. No. 62). The 100-day pause was...
Texas v. USA ORDER GRANTING PLAINTIFF’S EMERGENCY APPLICATION FOR A TEMPORARY RESTRAINING ORDER "... Defendants are enjoined from executing the 100-day pause on removals for 14 days for the reasons and in the manner described below. ..."
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 "On June 15, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”) published a notice of...
This document is scheduled to be published in the Federal Register on 09/23/2020 "The Department of Justice (“Department” or “DOJ”) proposes to amend the Executive Office for Immigration Review (“EOIR”) regulations governing asylum and withholding of removal...
Sathanthrasa v. Atty. Gen. "[T]he immigration regulations provide that when a petitioner is denied asylum but then granted withholding, the denial of asylum “shall be reconsidered,” and the factors the immigration judge (IJ) must consider “will include”...
Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 "This proposed rule would amend existing DHS and DOJ (collectively, “the Departments”) regulations to clarify that the Departments may consider emergency public health concerns based on communicable...
Ortez-Cruz v. Barr "We conclude that the Board erred in finding that the government rebutted the future-threat presumption. It was the government’s burden to prove either condition that rebuts the presumption, and the record doesn’t support a finding that...
Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) (1) An alien’s status as a landowner does not automatically render that alien a member of a particular social group for purposes of asylum and withholding of removal. (2) To establish a particular social group...
Lopez-Angel v. Barr "The government removed Silvano Lopez-Angel to Mexico while his appeal to the Board of Immigration Appeals (“BIA”) was pending. It now argues that Lopez withdrew the appeal because he left the country. We cannot improve on Judge Kethledge...
Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that my client...
People v. Suazo - "The Sixth Amendment of the United States Constitution guarantees that a defendant will be judged by a jury of peers if charged with a serious crime. Today, as a matter of first impression, we hold that a noncitizen defendant who demonstrates...