U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Recently in Immigration Law Category

Court Stops Deportation of Ex-Terrorist

Mohammed Khalid was the youngest person ever prosecuted on terrorism charges in the United States.

He started engaging in radical Islamic chat rooms when he was 15 from his family's apartment in Baltimore. He was arrested when he was 17 and pleaded guilty to conspiracy to support terrorists.

In Kahlid v. Sessions, authorities wanted to deport the young man. The U.S. Second Circuit Court of Appeals had different ideas for him.

NY Federal Judge Stops Pizza Delivery Man's Deportation

You know that prank when you send a pizza to someone who didn't order one?

Well, it was no joke to Pablo Villavicencio when he went to deliver a pizza and got nabbed for deportation. It's not exactly the same as the pizza prank, but it definitely messed up his day.

Fortunately for the Long Island resident, his story caught the attention of the media, lawmakers, and a judge who stayed his case. Everybody pretty much said, "Are you friggin' kidding me?"

Courts Hand Feds a Win on DACA

Balancing hundreds of thousands of documents against hundreds of thousands of undocumented immigrants, two federal appeals courts came down the same way.

For now, the U.S. Second Circuit Court of Appeals and the U.S. Ninth Circuit Court of Appeals say the immigrants and their attorneys will have to wait for their documents. The appeals courts stayed district court orders for production of records about the federal government's decision to undo the Deferred Action for Childhood Arrivals.

The cases will proceed, but only after the Justice Department gets a chance to breathe. A top federal attorney said the discovery burden was just too much.

A child born to an American is an American citizen -- right? Not exactly. Everyone born in the U.S., of course, gets citizenship, much to Donald Trump's chagrin. Children of American citizens born abroad get "derivative citizenship," or citizenship through parents, only under certain conditions.

When it comes to derivative citizenship, the deciding factor is often the American parent's gender, if the child was born out of wedlock. That means many children born outside the U.S. to an American father, for example, are denied citizenship that would be available had they been born to an American woman. An older version of that system is unconstitutional, a recent Second Circuit decision declared in an opinion that might put current immigration laws at risk.

If the Second Circuit was personified, and had a hand, the slap it gave the Board of Immigrations Appeals ("BIA") would have left a hand print on the BIA's cheek. Why? Well ...

Ellya Indradjaja Seeks Asylum

Ellya Indradjaja is a Chinese Christian who is a native, and citizen, of Indonesia. She spent many years studying her religion outside of Indonesia, and when she returned to Indonesia to practice and minister her faith, she was met with persecution. She did not report incidents to the police, believing they would do nothing to help her.

Can You Challenge a Vacated Removal Order?

It's hard -- nearly impossible, in fact -- to win an immigration appeal if you're not appealing the correct removal order.

Nadeisha Lotha Fuller was admitted to the United States in 1992. In 2003, an immigration judge ordered Fuller removed on the ground that she had been convicted of an aggravated felony. Fuller asked the Board of Immigration Appeals (BIA) to reconsider that order. The BIA granted Fuller's motion, vacated the order of removal, and issued a new final order of removal.

By the time Fuller's attorney learned about the new order, the 30-day deadline to petition for review of the new order had passed, so Fuller petitioned the Second Circuit to review the older order. Her argument? The BIA's subsequent order left the reasoning of the prior order intact and vacated it in name only.

Caught Witness Tampering? Say Sayonara to Permanent Residency

Witness tampering can get you kicked out of the country.

The Second Circuit Court of Appeals ruled this week that a conviction for witness tampering constitutes an "offense relating to obstruction of justice" for removal purposes.

US v. Ibarra-Luna, No. 09-40768

Illegal Reentry Sentence Vacated

In US v. Ibarra-Luna, No. 09-40768, the court vacated defendant's illegal reentry sentence where, under the discretionary sentencing regime of Booker and its progeny, the harmless error doctrine applied only if the proponent of the sentence convincingly demonstrated both: 1) that the district court would have imposed the same sentence had it not made the error, and 2) that it would have done so for the same reasons it gave at the prior sentencing, and defendant's sentence did not meet this standard.

  • Varughese v. Holder, No. 10-0467

    Petition for Review of Order of Removal Denied

    In Varughese v. Holder, No. 10-0467, a petition for review of a final order of removal issued by the BIA, the court denied the petition where 1) Immigration and Nationality Act section 101(a)(43)(D), which defined an "aggravated felony" as a money laundering offense in which "the amount of the funds exceeded $10,000," 8 U.S.C. section 1101(a)(43)(D), captured only those violations of criminal statutes that use the specific word "funds"; and 2) because petitioner's money laundering conviction rendered him ineligible for admissibility to the U.S., he was similarly ineligible for adjustment of status.


    Duarte-Ceri v. Holder, No. 08-6128

    Petition for Review of Denial of Motion to Reopen Removal Proceedings Dismissed

    In Duarte-Ceri v. Holder, No. 08-6128, a petition for review of the BIA's denial of petitioner's motion to reopen removal proceedings, the court held the petition in abeyance and transferred the matter to the district court where petitioner was still "under the age of eighteen years" when his mother was naturalized, but there had been no factual finding as to the actual timing of petitioner's birth, and thus a new hearing on the nationality claim was required.