Recently in Immigration Law Category

Defendant's conviction and sentence for transporting illegal aliens are affirmed where: 1) the district court did not abuse its discretion in applying a reckless endangerment enhancement; 2) defendant presented no evidence to suggest that the "financial gain" aspect of 18 U.S.C. section 1324(a)(1)(B)(ii) erroneously informed the district court's decision; and 3) defendant's sentence would not have been affected by a reduction based on smuggling aliens other than for profit.

Read US v. Garza, No. 08-41197

Appellate Information

Filed October 30, 2009

Judges

Per Curiam

Defendant's conviction for transporting undocumented aliens is vacated where the district court erred in denying defendant's motion to suppress evidence obtained as the result of an unconstitutional stop by a United States Border Patrol agent.

Read US v. Rangel-Portillo, No. 08-40803

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge Benavides

In a petition for review of the BIA's order overturning an Immigration Judge's order granting petitioner a good-faith hardship waiver of the joint filing requirement of section 216(c)(4)(A) of the Immigration and Nationality Act, the petition is granted where the BIA applied the incorrect legal standard to conclude that petitioner's marriage was not entered into in good faith.

Read Rodriguez v. Holder, No. 08-60585

Appellate Information

Filed October 9, 2009

Judges

Opinion by Judge Haynes

In a petition for review of the BIA's order denying petitioner's request for administrative closure and dismissing his appeal from the BIA's order removing him from the U.S., the petition is denied where: 1) because the Department of Homeland Security opposed the administrative closure, the BIA had no discretion to administratively close the case; and 2) petitioner had no fundamental liberty interest in being able to reside with his children and work in the U.S.

Read Cantu-Delgadillo v. Holder, No. 08-60122

Appellate Information

Filed October 1, 2009

Judges

Per Curiam

In a petition for review of the BIA's denial of petitioner's application for a section 212(k) waiver of removal, the petition is denied where the BIA correctly imputed petitioner's parents' knowledge of their inadmissibility to her.

Read Mushtaq v. Holder, No. 08-60277

Appellate Information

Filed September 23, 2009

Judges

Opinion by Judge Smith

The revocation of Defendant's supervised release, based on his violation of a condition of his release by providing misleading answers to questions posed by a Korean consulate, is affirmed where the District Court could reasonably have concluded that Defendant made the statements with the intent to hinder his departure.

Read US v. Jang, No. 08-10616

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Haynes