Recently in Immigration Law Category

District court's sentencing of a Guatemalan citizen for illegally re-entering the US following deportation to fifty-seven months in prison and three years of supervised release after applying a sixteen level enhancement is vacated and remanded for resentencing as section 2L1.2(b)(1)(A) requires a prior conviction for a felony that is a drug trafficking offense, not simply a conviction under a statute that criminalizes drug trafficking as well as other activities.     

Read US v. Maroquin-Bran, No. 08-4464

Appellate Information

Argued: September 25, 2009

Decided: November 9, 2009

Judges

Opinion by Judge Motz

Counsel

For Appellant: G. Alan DuBois, Office of the Federal Public Defender, Raleigh, North Carolina

For Appellee: Jennifer P. May-Parker, Office of the US Attorney, Raleigh, North Carolina

Petition for review of the BIA's order denying a citizen of Cameroon's motion to reopen his removal proceedings is granted and the BIA's decision vacated and remanded as the BIA did not explain why petitioner's new evidence failed to demonstrate a change of country conditions.   

Read Nken v. Holder, No. 08-1813

Appellate Information

Argued: September 22, 2009

Decided: October 30, 2009

Judges

Opinion by Judge Motz

Counsel

For Appellant: Lindsay Claire Harrison, Jenner & Block, LLP, Washington, DC.

For Appellee:  Lindsay E. Williams, United States Department of Justice, Washington, DC.

Petitioner's petition for review of the BIA's denial of her application for asylum is denied, where the Court of Appeals lacked jurisdiction to review the BIA's determination that Petitioner did not meet the changed or extraordinary circumstances exception.

Read Gomis v. Holder, No. 08-1389

Appellate Information

Argued: March 25, 2009

Decided: July 6, 2009

Judges

Opinion by Judge Niemeyer

Partial Concurrence and Partial Dissent by Judge Gregory

Counsel

For Petitioner:

Kell Enow, Enow & Patcha, Silver Spring, MD

For Respondent:

Andrew B. Insenga, United States Department of Justice, Office of Immigration Litigation, Washington, DC