UNITED STATES v. GUZMAN-VELASQUEZ

Holding that district courts have jurisdiction to review immigration determinations when they constitute a collateral challenge in a criminal proceeding and declining to reach whether a collateral challenge to a Temporary Protected Status (TPS) determination in a criminal proceeding is permissible because the Petitioner failed to assert a due process violation that would render the 2002 adjudication of his TPS application fundamentally unfair.

Date of Decision
Publication Status
Published
Case Categories
Due Process
Immigration Proceedings
Procedural
Jurisdiction
Other Relief
TPS
Case Judge
Motz
Quattlebaum
Duncan

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Unpublished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

GUZMAN CHAVEZ v. HOTT

Holding that immigrants with reinstated removal orders pending withholding-only proceedings are detained pursuant to 8 U.S.C. § 1226, not 8 U.S.C. § 1231, and as such, are entitled to individual bond hearings. Judge Richardson's dissent contends that 8 U.S.C. § 1231 governs the detention of immigrants with reinstated orders of removal and thus Petitioners are not entitled to a bond hearing.

Date of Decision
Publication Status
Published
Case Categories
Due Process
Detention
Case Judge
Floyd
Harris
Richardson

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*

UPATCHA v. BARR

Holding that, following remand, the agency properly denied Petitioner's application for an INA § 216a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to consider the agency's adverse credibility determination and weighing of evidence, (2) Petitioner failed to submit sufficient evidence to satisfy the statutory standard for a good faith marriage, and (3) the Immigration Judge did not violate Petitioner's due process rights at the merits hearing.

Date of Decision
Publication Status
Unpublished
Case Categories
Waivers
216a(c)(4)(B)
Procedural
Jurisdiction
Due Process
Immigration Proceedings
Case Judge
Diaz
Harris
Traxler

AMIN v. SESSIONS

Holding that the Immigration Judge did not abuse his discretion or violate due process in denying a continuance after Petitioner retained new counsel, and upholding the Immigration Judge's denial of Petitioner's application for an 8 U.S.C. § 1186a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to review the agency’s weighing of evidence, (2) the Board applied the correct standard of review, and (3) Petitioner’s evidence failed to satisfy the statutory standard for a good faith marriage.

Date of Decision
Publication Status
Unpublished
Case Categories
Due Process
Immigration Proceedings
Procedural
Jurisdiction
Standards of Review
Case Judge
Agee
Keenan
Shedd