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Weekly Caselaw Updates

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Ghanem v. Att'y Gen.

Ghanem, a former lawful permanent resident of the United States, sought to avoid removal to Yemen, from which he fled. He pursued three forms of relief that the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) denied:1)  asylum under the Immigration and Nationality Act, 2) withholding of removal…

Ghanem v. Att’y Gen.
3rd Circuit

Ghanem, a former lawful permanent resident of the United States, sought to avoid removal to Yemen, from which he fled. He pursued three forms of relief that the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) denied:1)  asylum under the Immigration and Nationality Act, 2) withholding of removal under the Act, and 3)… Continue reading Ghanem v. Att’y Gen.

Sasay v. Att’y Gen. United States
3rd Circuit

The Third Circuit held that aggravated identity theft is a crime involving moral turpitude (“CIMT”). Sasay is a citizen of Sierra Leone and was admitted to the United States as a lawful permanent resident. He was convicted in South Dakota of aiding and abetting aggravated identity theft. The Dept. of Homeland Security initiated removal proceedings.… Continue reading Sasay v. Att’y Gen. United States

B.C. v. Att’y Gen. U.S.
3rd Circuit

The Third Circuit vacated a District Court’s denial of the petitioner’s application for asylum. The petitioner was a native of Cameroon and primarily spoke “Pidgin” English. He had only limited abilities in “Standard” English. He fled from Cameroon to the U.S. after allegedly facing persecution at the hands of his government. Soon after his arrival,… Continue reading B.C. v. Att’y Gen. U.S.

Singh v. Att’y Gen. U.S.
3rd Circuit

A quirky question of statutory construction resulted in the petitioner getting one more chance to avoid removal. The petitioner came to the U.S. from India without papers. Removal proceedings commenced, and the petitioner fled. In absentia, he was ordered removed. Later, he married in the U.S. and petitioned for asylum under a different name. That… Continue reading Singh v. Att’y Gen. U.S.

Valarezo-Tirado v. Att’y Gen.
3rd Circuit

Valarezo-Tirado petitioned the Third Circuit to review an Immigration Judge’s reinstatement of his order of removal. The Third Circuit vacated the IJ’s decision, ruling that review was impossible because the IJ did not adequately explain the reasons for her decision. The Third Circuit also ruled that Valarezo-Tirado could not show that he was denied the… Continue reading Valarezo-Tirado v. Att’y Gen.

Figueroa v. Att’y Gen.
3rd Circuit

In Figueroa v. Att’y Gen., Petitioner sought relief from a final order of removal following his second illegal entry into the U.S. To prevent deportation to his native Honduras, Petitioner requested withholding of removal under the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT), asserting that he would be persecuted and tortured.… Continue reading Figueroa v. Att’y Gen.

Thayalan v. Att’y Gen.
3rd Circuit

In Thayalan v. Att’y Gen., a native Sri Lankan, who had illegally entered the U.S., petitioned for review of his order of removal. He sought asylum and withholding of removal under the Immigration and Nationality Act. On appeal, he contended that the immigration judge’s (IJ) determination that his treatment in Sri Lanka did not rise… Continue reading Thayalan v. Att’y Gen.

Sanchez v. Att’y Gen.
3rd Circuit

In Sanchez v. Att’y Gen., Petitioner sought review of the Board of Immigration Appeals’ (“Board”) denial of his request for remand to the Immigration Judge for administrative closure, which would have given time for renewal of his Deferred Action for Childhood Arrivals (“DACA”) status. The Board determined that it did not have authority to administratively… Continue reading Sanchez v. Att’y Gen.

Romero v. Att’y Gen.
3rd Circuit

In Romero v. Att’y Gen., the Third Circuit affirmed an order of the Board of Immigration Appeals that affirmed an immigration judge’s denial of the petitioner’s application for withholding of removal. The petitioner argued that the immigration judge lacked jurisdiction because the charging document did not contain the precise date and time of his first… Continue reading Romero v. Att’y Gen.

K.A. v. Att’y Gen.
3rd Circuit

In K.A. v. Att’y Gen., the Third Circuit held that a New Jersey state conviction for second-degree robbery, N.J.S.A. 2C:15-1, is an aggravated felony under the Immigration and Nationality Act. The Third Circuit utilized the categorical approach and found that second-degree robbery contains every element of the federal generic theft offense.