Recently in Immigration Law Category

District court's sentence of defendant convicted of illegal reentry into the United States is vacated and remanded where it is within the discretion of a district court to consider a variance on the basis of disparity created by lower immigration sentences in fast-track jurisdictions in light of Kimbrough v. U.S., 552 U.S. 85, 128 S.Ct. 558(2007).   

Read US v. Arrelucea-Zamudio, No. 08-4397

Appellate Information

On Appeal from the United States District Court for the District of New Jersey (D.C. Criminal Action No. 1-08-cr-00136-00136)  

District Judge: Honorable Renee M. Bumb

Opinion Filed September 14, 2009

Judges

Before:  Sloviter, Ambro and Jordan, Circuit Judges 
Opinion by Ambro, Circuit Judge 

Counsel

Counsel for Appellant: Maggie F. Moy

Counsel for Appellee: Ralph J. Marra, Jr., George S. Leone, Jennifer H. Chin, Caroline A. Sadlowski

Petition for review of a decision by the Board of Immigration Appeals (BIA) denying petitioner's application for asylum is granted and remanded where substantial evidence does not support the BIA's conclusion that petitioner did not experience past persecution in the Ivory Coast, as petitioner directly witnessed abduction of her father by a group that she can definitively identify as having directly and unambiguously threatened her with harm as well. 

Read Camara v. US Attorney Gen., No. 07-3892

Appellate Information

On Petition for Review of a Final Order of the Board of Immigration Appeals (Agency No. A97 530 153)

Argued March 5, 2009
Opinion Filed September 4, 2009

Judges

Before:  Sloviter and Hardiman, Circuit Judges, and Pollak, District Judge 
Opinion by District Judge Pollak

Counsel

Counsel for Appellant: Camile J. Mackler, Law Office of Theresa Napolitano.

Counsel for Appellee:   Jeffrey S. Buckholtz, Emily Ann Radford, Patrick J. Glen, Craig Alan Newell, Jr.  

In a dispute over damages and attorney's fees stemming from a Religious Freedom Restoration Act and tort action, district court judgment is vacated where that the district court assessment of the evidence was based on an improper interpretation of the interrogatories and verdict sheet and thus the court erred in attributing a portion of plaintiff's tort award to her RFRA claim. On remand, the Hensley standard should guide the district court's consideration of pendent state claims in a litigation where a plaintiff has prevailed on a fee-eligible federal claim.   

Read Abdi Jama v. Esmor Correctional Services, Inc., No. 08-2500

Appellate Information
Appeal from the United States District Court for the District of New Jersey.
Argued May 20, 2009
Filed August 12, 2009

Judges
Before RENDELL and GARTH, Circuit Judges, and VANASKIE, District Judge.
Opinion by RENDELL Circuit Judge.
Dissenting Opinion by GARTH, Circuit Judge.

Counsel
For Appellant: James C. Owens, Virginia A. Seitz, Frank R. Volpe, Rebecca K. Wood, Sidley Austin LLP.

For Appellee: Drew Dorman, Derek S. Tarson, Justin P. Smith, Mary Beth Hogan, Alison J. Page, W. Barton Patterson, Erica Davila, Debevoise & Plimpton; Penny Venetis, Rutgers University.  

Conviction for for shielding illegal aliens is reversed where defendant's conduct did not meet the requirements of the test established in Ozcelik and thus there is no evidence from which a reasonable juror could infer that defendant's actions constituted substantial facilitation of the women's remaining in the United States illegally. 

Read US v. Cuevas-Reyes, No. 08-3059

Appellate Information
On Appeal from the United States District Court for the District of the Virgin Islands.
Filed: July 10, 2009

Judges
Before: BARRY, HARDIMAN and COWEN, Circuit Judges.
Opinion by HARDIMAN Circuit Judge.

Counsel
For Appellant: Darren John Baptiste.

For Appellee: Ishmael A. Meyers, Jr., Office of United States Attorney.