Sathanthrasa v. AG USA

The 3rd Circuit held that the Board of Immigration Appeals abused its discretion, because, when it denied the petitioner asylum, the BIA failed to consider the “reasons for the denial” as well as “reasonable alternatives available” to the petitioner for family reunification.

State v. Molchor

These consolidated pretrial detention appeals raised the question: does the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, authorize a court to detain arrestees who are undocumented immigrants in order to thwart their potential removal from the country by federal immigration officials, and thereby to assure they appear at trial? The Court … Read more

Santos v. Warden Pike Co. Correctional Facility

Santos appealed the District Court’s order, which denied his petition for habeas corpus. The Court of the Third Circuit reversed and remanded, holding that due process affords aliens, who are detained under§1226(c), a bond hearing one detention becomes unreasonable. Reasonableness of the continued detention is a “highly fact-specific” inquiry.

Calderon-Rosas v. Attorney General

Calderon-Rosas paid a now-disbarred attorney to represent him in removal proceedings, and Calderon-Rosas was ordered deported after that attorney failed to present key evidence supporting his application for cancellation of removal. Calderon-Rosas sought a new hearing, arguing that he was deprived of due process by, among other things, his attorney’s ineffective assistance, but the Board of … Read more

Guzman v. Attorney General

#ImmigrationLaw #Removal 04/17/20- Guzman left El Salvador and entered the U.S. seeking relief pursuant to the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT). The Immigration Judge (IJ) denied his application, and the Board of Immigration Appeals (BIA) dismissed his appeal. The Third Circuit vacated the BIA’s decision, ruling that persons who publicly provide … Read more