Recently in Immigration Law Category

Indonesian national's petition for review of BIA's denial of her application for asylum is denied where: 1) BIA's finding that petitioner failed to establish the requisite nexus between the obviously traumatic incidents of armed robbery and bomb threats and her status as a Christian was supported by substantial evidence on the record; and 2) BIA's decision denying petitioner's claim for asylum on the basis of well-founded fear of future persecution was supported by substantial evidence.    

Read Sugiarto v. Holder, No. 08-2502

Appellate Information

On Petition for Review of an Order of the Board of Immigration Appeals

Decided November 10, 2009

Judges

Before:  Torruella, Seyla, and Dyk, Circuit Judges

Opinion by Torruella, Circuit Judge

Counsel

For Appellant:  Armin A. Skalmowski

For Appellee:  Julia J. Tyler, Trial Attorney, Office of Immigration Litigation, Civil Division, Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director

Chinese citizen's petition for review of BIA's denial of his application for asylum is denied where: 1) petitioner never presented his "other resistance" argument to the BIA; 2) petitioner never argued before the BIA that his flight from China constituted other resistance to a coercive population control program; and 3) BIA did not abuse its discretion in refusing to remand for further factfinding.       

Read Dong v. Holder, No. 08-2083

Appellate Information

On Petition for Review of an Order of the Board of Immigration Appeals

Decided November 6, 2009

Judges

Before: Boudin, Hansen, and Lipez, Circuit Judges

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:  Theodore N. Cox

For Appellee:  Manual A. Palau, Office of Immigration, Michael F. Hertz, Acting Attorney General

A Haitian citizen's petition for review of BIA's denial of his application for relief from removal under the CAT is denied where: 1) the general detention conditions in Haiti are not sufficiently severe to rise to the level of torture; 2) the acts of mistreatment that petitioner will likely be subjected to in detention do not amount to torture; and 3) Court lacks jurisdiction to address petitioner's remaining contentions that he has met his burden of proving that torture of criminal deportees in Haiti is widespread and that he is more likely to be singled out for mistreatment by Haitian authorities because of his personal characteristics.   

Read Gourdet v. Holder, No. 08-2422

Appellate Information

On Petition for Review of an Order of the Board of Immigration Appeals

Decided November 4, 2009

Judges

Before:  Lynch, Chief Judge, and Ebel and Lipez, Circuit Judges

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:  Jeffrey B. Rubin

For Appellee:  Stefanie Notarino Hennes, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Civil Division, and John W. Blakeley, Assistant Director, Office of Immigration Litigation

A Cambodian national's petition for review of BIA's order, mandating removal from the United States and denying her application for asylum and protection under CAT, is denied where the IJ's findings that petitioner's testimony was not credible based on fundamental discrepancies and inconsistency in her testimony are supported by reasonably, substantial and probative evidence on the record.   

Read Seng v. Holder, No. 08-2485  

Appellate Information

Petition for Review of an Order of the Board of Immigration Appeals

Decided October 8, 2009

Judges

Before: Boudin, Seyla, and Dyk, Circuit Judges 

Opinion by Seyla, Circuit Judge

Counsel

For Appellant:  Joseph A. MacDonald

For Appellee:  Tony West, Assistant Attorney General, Civil Division, Thomas B. Fatouros, Senior Litigation Counsel, and Ann M. Welhaf, Trial Attorney, Office of Immigration Litigation

District court's dismissal of plaintiff's amended complaint arising from denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff's claim that his visa was improperly denied as he has failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff's Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff's motion to file a second amended complaint as it would have been futile.   

Read Chiang v. Skeirik, No. 08-2105 

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided September 28, 2009

Judges

Before:  Boudin, Seyla, and Dyk, Circuit Judges 

Opinion by  Dyk, Circuit Judge

Counsel

For Appellant:  Dean Carnahan

For Appellee:  Anton P. Giedt, Assistant United States Attorney, Michael J. Sullivan, United States Attorney

Petition for review of BIA's denial for asylum and related relief is granted, and the ruling is vacated and remanded where the court finds lacking an itemization of the substantial evidence necessary for an adverse credibility determination, and because the Board limited its reasoning to the adverse credibility finding and did not discuss petitioner's eligibility for relief, the case is remanded to the agency to make a well-reasoned and well-explained determination of petitioner's eligibility.     

Read Kartasheva v. Holder, No. 08-2243

Appellate Information

On Petition For Review Of An Order Of The Board Of Immigration Appeals

Decided September 11, 2009

Judges

Before:  Boudin, Seyla, and Stahl, Circuit Judges.   

Opinion:  Stahl, Circuit Judge 

Counsel

For Appellant:  Gary J. Yerman

For Appellee:  Tracie N. Jones, Michael F. Hertz, Acting Assistant Attorney General, and Michelle Gorden Latour, Assistant Director.

Guatemalan national's petition for review a BIA's decision reversing the Immigration Judge's granting of asylum is denied where the petitioner failed to establish a well-founded fear of persecution on account of a protected ground and the standard of BIA review makes no difference because there is no evidence that a gang was in any way motivated by petitioner's status as an indigenous female. 

Read Caal-Tiul v. Holder, No. 08-2464

Appellate Information

On Petition For Review Of An Order Of The Board Of Immigration

Decided September 10, 2009

Judges

Before:  Boudin, Seyla, and Howard, Circuit Judges.   
Per Curium Opinion 

Counsel

For Appellant:  Lidia M. Sanchez 

For Appellee:  Katharine E. Clark, Department of Justice, Civil Division, Office of Immigration Litigation, Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director.

Petition for review of a decision by the BIA denying Indonesian petitioner's application for asylum and related relief is granted and remanded where the IJ and BIA committed prejudicial legal error in faulting the petitioner for untimely filing without recognizing either the absence of a filing deadline for the first few years of the period or the undisputed record fact of petitioner's inclusion in his wife's January 2003 asylum application, and as such, it cannot be concluded that the legal errors were harmless.     

Read Lumataw v. Holder, No. 08-1757

Appellate Information

On Petition For Review Of An Order Of The Board Of Immigration

Decided September 9, 2009

Judges

Before Torruella,   Lipez, Circuit Judges, and Tashima, Of the Ninth Circuit, sitting by designation.    
Opinion by Torruella, Circuit Judge.

Counsel

For Appellant: William A. Hahn and Hahn & Matkov

For Appellee:   Janice K. Redfern, Senior Litigation Counsel, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, and Linda S. Wernery, Assistant Director

Petition for review of the Board of Immigration Appeal's denial of Senegalese petitioner's application for asylum and other related relief is denied where: 1) substantial evidence supports the BIA's conclusion that petitioner failed to show her proposed group is socially visible and sufficiently particular; 2) petitioner presented no evidence to support her claim of persecution because of her religious beliefs; 3) petitioner failed to prove that the Senegalese government would torture her or permit her to be tortured if she were to return.   

Read Faye v. Holder, No. 09-1229

Appellate Information

On Petition for Review of an Order of the Board of Immigration Appeals
Decided September 2, 2009

Judges

Before Lynch, Chief Judge,  Boudin, and Howard, Circuit Judges.     
Opinion by Lynch, Chief Judge.

Counsel

For Appellant: David L. Yavner  

For Appellee: John D. Williams, Trial Attorney, Office of Immigration Litigation, Tony West, Assistant Attorney General, Civil Division, and Russell J. E. Verby, Senior Litigation Counsel, Office of Immigration Litigation