MIRA-AVILA v. BARR

Rejecting Petitioner's challenge to reinstatement of his prior removal order because, although there was no IJ removal order in the record, there was ample other evidence in the record to support a finding that the Petitioner had been ordered removed to Honduras in 2009, including fingerprint data that DHS proffered but did not enter into evidence.

Date of Decision
Publication Status
Unpublished
Case Categories
Procedural
Other
Credibility/Corroboration
Case Judge
King
Keenan
Wynn

REYES v. CISSNA

Holding that USCIS did not abuse its discretion when it denied a Special Immigrant Juvenile Status (SIJS) application because the applicant provided a temporary rather than a permanent custody order that did not reflect the state court's factual findings, even though the applicant later submitted a second permanent custody order that complied with USCIS requirements. 

Date of Decision
Publication Status
Unpublished
Case Categories
Other Relief
SIJS
Case Judge
Duncan
Agee
Brinkema*

MARUBE v. SESSIONS

Holding that the agency abused its discretion when it failed to consider all of the In re Hashmi factors in denying a non-citizen's motion for a continuance due to DHS's delay in adjudicating an I-130 petition filed by the non-citizen's husband.

Date of Decision
Publication Status
Unpublished
Case Categories
Due Process
Immigration Proceedings
Procedural
Other
Case Judge
Traxler
Keenan
Thacker

MOLINA MENDOZA v. SESSIONS

Holding that the agency did not adequately explain its factual determinations in denying asylum to an LGBTQ Mexican asylum-seeker because it failed to 1) consider whether there is a pattern or practice of harm against LGBTQ individuals in Mexico rising to the level of persecution and 2) give reasons for discounting record evidence that contradicted its conclusion that the asylum-seeker did not have an objectively reasonable fear of return to Mexico.

Date of Decision
Publication Status
Unpublished
Case Categories
Fear-Based Relief
Asylum
Procedural
Other
Case Judge
Gregory
Floyd
Harris

SANCHEZ v. SESSIONS

Declining to apply full exclusionary rule to immigration proceedings and upholding agency's denial of Petitioner's motion to suppress statements he made to police officers and ICE agents admitting that he was without status because Petitioner failed to establish an egregious Fourth Amendment or due process violation.

Date of Decision
Publication Status
Published
Case Categories
Due Process
Detention
Case Judge
Diaz
Motz
Conrad*

RAMIREZ v. SESSIONS

Holding that (1) Petitioner administratively exhausted issue of whether offense was a crime involving moral turpitude (CIMT) despite making more nuanced points and citing new cases for the first time on petition for review and (2) Virginia obstruction of justice pursuant to Va. Code Ann. § 18.2- 460(A) does not constitute a CIMT because it does not categorically involve turpitudinous conduct, and (3) ordering Government to facilitate Petitioner's return to the United States to restore him to his pre-removal status and effectuate judicial review.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Jurisdiction
Case Judge
Gregory
Motz
Traxler

JIMENEZ-CEDILLO v. SESSIONS

Ruling that Board erred in concluding that Maryland sexual solicitation of a minor, Md. Code Ann., Crim. Law § 3-324, is a crime involving moral turpitude (CIMT), where, after Petitioner pled guilty to the offense, the Board reversed its prior precedent to hold that offense was a CIMT without acknowledging or explaining its change in position.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Other
Case Judge
Thacker
Harris
Shedd

SALGADO-SOSA v. SESSIONS

Ruling that (1) For withholding of removal, Petitioner’s family relationship was a central reason for Petitioner's persecution, which resulted from Petitioner's stepfather’s actions to protect family from gang, (2) Remand was required to consider whether, pursuant to Zambrano v. Sessions, 878 F.3d 84 (4th Cir. 2017), Petitioner demonstrated changed circumstances in the form of the intensification of a preexisting threat of persecution to excuse the untimeliness of his asylum application, and (3) Substantial evidence supported the agency's denial of CAT relief.

Date of Decision
Publication Status
Published
Case Categories
Fear-Based Relief
Withholding of Removal
CAT Relief
Asylum
Procedural
Other
Case Judge
Floyd
Gregory
Harris

MAURICIO-VASQUEZ v. WHITAKER

Holding that, in proving Petitioner's removability based on his commission of a crime involving moral turpitude within five years of his admission to the United States, the Department of Homeland Security (DHS) had the burden of affirmatively establishing date of Petitioner's admission by clear and convincing evidence, and DHS failed to establish that Petitioner committed crime within five years of his admission.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Other
Case Judge
Niemeyer
Diaz
Floyd

GUEVARA-SOLORZANO v. SESSIONS

Holding that (1) Petitioner's Tennessee conviction for unlawful possession of marijuana with intent to distribute, in violation of Tenn. Code § 39-17-417, constitutes both an aggravated felony and a crime involving moral turpitude (CIMT) and Court thus lacked jurisdiction to review BIA's denial of Petitioner's motion to reopen, (2) Petitioner was ineligible for § 212(c) waiver because one of the CIMT convictions that rendered him removable occurred after the repeal of § 212(c), and (3) Petitioner was ineligible for cancellation of removal for LPRs due to aggravated felony conviction.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
Aggravated Felony
CIMT
Other Relief
LPR Cancellation
Motions to Reopen/Reconsider
Procedural
Jurisdiction
Case Judge
Niemeyer
King
Brinkema*