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Weekly Caselaw Updates

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Nunez v. Att'y Gen.

The Third Circuit denied review of the Board of Immigration Appeals order that dismissed the petitioner's appeal from an Immigration Judge’s determination that he is removable and ineligible for cancellation of removal. The petitioner made two unsuccessful claims: first, that his New Jersey state offense (third-degree endangering the welfare of…

Nunez v. Att’y Gen.
3rd Circuit

The Third Circuit denied review of the Board of Immigration Appeals order that dismissed the petitioner’s appeal from an Immigration Judge’s determination that he is removable and ineligible for cancellation of removal. The petitioner made two unsuccessful claims: first, that his New Jersey state offense (third-degree endangering the welfare of a child) is not a… Continue reading Nunez v. Att’y Gen.

Argueta-Orellana v. Att’y Gen.
3rd Circuit

The Third Circuit affirmed the Board of Immigration Appeals (BIA) order that dismissed the petitioner’s appeal after he did not file a brief in support of his appeal of the Immigration Judge’s removal order. The Court ruled that the BIA’s decision was neither arbitrary nor irrational. Moreover, the Court could not consider the new arguments… Continue reading Argueta-Orellana v. Att’y Gen.

Ford v. Att’y Gen.
3rd Circuit

The Third Circuit vacated the Board of Immigration Appeals (BIA) order declining to reopen the petitioner’s case. Petitioner paid an attorney to represent him in removal proceedings. His requests for relief from deportation were denied after the attorney “failed to present important and easily available evidence going to the heart of the claims.” Petitioner retained… Continue reading Ford v. Att’y Gen.

State v. Francisco
New Jersey Appellate Division

The New Jersey Appellate Division issued a rare analysis of what has become known as “crimmigration”. The opinion is a worthwhile read for criminal and immigration attorneys. In this case, the Court issued another Sixth Amendment opinion, this time deciding whether law enforcement officers must advise undocumented noncitizen suspects of the potential immigration consequences of… Continue reading State v. Francisco

Garmendia v. Att’y Gen.
3rd Circuit

The petitioner sought review in the Third Circuit of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. He argued that the underlying proceedings were tainted by due process violations. As a threshold issue, the Third Circuit ruled that the petitioner’s claims that he lacked the capacity… Continue reading Garmendia v. Att’y Gen.

Bavo v. Att’y Gen.
3rd Circuit

The Third Circuit took issue with the Board of Immigration Appeals’ scope and standard of review. The petitioner sought relief under the Convention Against Torture. The Immigration Judge found that the petitioner demonstrated that she will more likely than not experience torture if she returned to Guatemala. And the Guatemalan government would acquiesce in such… Continue reading Bavo v. Att’y Gen.

Jaffal v. Dir. Newark NJ Field Office ICE
3rd Circuit

The Third Circuit reversed the District Court’s award of summary judgment to the Government. Jaffal filed an N-600 Application for Certificate of Citizenship, seeking derivative U.S. citizenship through his father. USCIS denied the application and his subsequent Motion to Reopen. Jaffal then brought this action seeking a declaratory judgment under 8 U.S.C. § 1503(a) that… Continue reading Jaffal v. Dir. Newark NJ Field Office ICE

Yasin v. Att’y Gen.
3rd Circuit

The Third Circuit ruled that it did not have jurisdiction to review the Board of Immigration Appeals’ (“BIA”) decision whether to waive a statute of limitations period and consider a motion to reopen removal proceedings. Yasin, a citizen and native of Pakistan, entered the United States over two decades ago. In 2002, he became subject… Continue reading Yasin v. Att’y Gen.

Chavez-Chalil v. Att’y Gen.
3rd Circuit

The Third Circuit denied Chavez-Chalil’s petition for review of the denial of her applications for asylum and withholding of removal. The Third Circuit denied the petition for two reasons. First, the Department of Homeland Security’s failure to include the date and time of her hearing in its Notice to Appear did not require termination of… Continue reading Chavez-Chalil v. Att’y Gen.

Arreaga-Bravo v. Att’y Gen.
3rd Circuit

The Third Circuit vacated the Board of Immigration Appeals’ (BIA) final order of removal because the BIA used the incorrect standard of review. Arreaga-Bravo applied for asylum and withholding of removal under the Convention Against Torture. The Immigration Judge (IJ) granted her petition and held that she demonstrated she would more likely than not experience… Continue reading Arreaga-Bravo v. Att’y Gen.