6th Circuit Immigration Law News - U.S. Sixth Circuit
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Recently in Immigration Law Category

In a decision Tuesday issued by the 6th Circuit, the Court determined that illegal immigrants with Temporary Permanent Status (TPS) can apply for permanent resident status under federal law.

The Flores, et al. v. USCIS, et al. decision takes a defiant stab at the “archaic and convoluted state of our current immigration system” by offering a plain reading of federal immigration statutes that seems perfectly reasonable despite USCIS policy.

'Well-Founded Fear' is Critical in Asylum Appeal

The Sixth Circuit Court of Appeals rejected a Senegalese couple’s asylum appeal this week, finding that the couple failed to assert a well-founded fear that their daughters would be subject to female genital mutilation if they returned.

Aminata Dieng and her husband Ousseynou N’Diaye Lo asked for review of a Board of Immigration Appeals’ (BIA’s) final order of removal denying their applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). Lo entered the United States in 1997 with a non-immigrant student visa. He reunited with Dieng, whom he first met in Senegal in 1994, when she used a false passport to enter the U.S. in 2003. They married in November 2005, and their daughter Mame was born in April 2006 in Virginia.

Sixth Circuit: Posthumous Denaturalization Appeal is Moot

The Sixth Circuit Court of Appeals refused to grant posthumous citizenship to former Nazi guard John Demjanjuk this week, finding that the appeal became moot when Demjanjuk died in March.

It's an anti-climatic end to a denaturalization case that spanned decades.

AG Has Discretion in Green Card Marriage Joint Petition Waivers

True story: In college, one of our friends received a Dear John letter from his live-in girlfriend, explaining that she had married another man a year earlier to help him get his Green Card and had subsequently fallen in love with her husband. Our friend, unwittingly, was the mister-ess in a sham marriage.

Lest you think Green Card marriages are the stuff of fiction, they are very real. But that doesn’t mean they work in circumventing immigration laws. The Sixth Circuit Court of Appeals issued an unpublished opinion today, noting that a Green Card marriage doesn’t guarantee continued resident status or protection from a removal proceeding.

No Immigration Removal Relief for Defendant Caught Lying to FBI

Lying to the FBI is a bad idea. For an alien, lying to the FBI is even more dangerous, as it could be considered aggravated felony for immigration removal. Ramani Pilla learned that lesson the hard way.

This week, the Sixth Circuit Court of Appeals denied Ramani Pilla's writ of coram nobis as she attempted to overturn her conviction and subsequent removal for lying to the FBI, finding that Pilla could not prove the merits of her ineffective counsel claim.

US v. Ashraf, 09-4002

Conviction of a Pakistani citizen for willful failure to sign travel documents

US v. Ashraf, 09-4002, concerned a challenge to the district court's denial of a motion for judgment of acquittal and a ruling that excluded certain proof that defendant had sought to present in his defense, in a conviction of a Pakistani citizen on two counts of willful failure to sign travel documents that were necessary for his departure pursuant to a final order of removal entered in 2008.

Sanchez v. Holder, 09-3866

Mexican citizen's petition for review of BIA's dismissal of an appeal of of IJ's denial of motion to reopen

Sanchez v. Holder, 09-3866, concerned a Mexican citizen's petition for review of a BIA's dismissal of his appeal of an IJ's denial of a motion to reopen deportation proceedings based on an in absentia deportation order entered nearly 11 years ago.

Camaj v. Holder, 09-3926

Petition for review, brought by a native and citizen of the former Yugoslavia, BIA's denial of motion to reopen dismissed

Camaj v. Holder, 09-3926, concerned a petition for review brought by a native and citizen of the former Yugoslavia of the BIA's affirmance of an IJ's denial of his motion to reopen proceedings after the issuance of an in absentia deportation order.

De la Paz v. Holder, 09-3229

Denial of petition for review DHS's reinstatement of its earlier order excluding Mexican citizen from the U.S.

De la Paz v. Holder, 09-3229, concerned a Mexican citizen's petition for review of a final order of the Department of Homeland Security (DHS) reinstating an earlier order excluding petitioner from the country.

US v. Soto-Sanchez, 08-3541, concerned a challenge to the district court's application of a sixteen-level enhancement to a defendant's offense level under U.S.S.G. section 2L1.2 based on his prior conviction for attempted kidnapping, in a prosecution of defendant for illegal reentry into the United States after deportation.  In affirming, the court held that the six offenses punished by Michigan's former kidnapping statute either fall within the generic, contemporary meaning of kidnapping or have an element involving the use of force, and as such, under the categorical approach, the court cannot look beyond the statute as defendant was necessarily convicted of a crime of violence within the meaning of U.S.S.G. section 2L1.2(b)(1)(A) when he pled guilty to attempted kidnapping in Michigan state court.