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.
The 3rd Circuit ruled in Blanco v. Attorney General that the petitioner had establish past persecution here he had been kidnapped, beaten and had his life threatened repeatedly because he was a member of an opposition political party in his native Honduras.
The appellate division ruled in this collateral attack on a criminal conviction that evidentiary hearing was needed where defendant claimed he was not informed of the immigration consequences of his plea-into-PTI plea bargain though the law was clear that such a plea would lead to removal.
The 3rd Circuit held that conferral of Temporary Protected Status under § 1254a of the Immigration and Nationality Act does not constitute an “admission” under § 1255 of the Act.
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 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.
Petitioner was granted lawful permanent resident status in 1989 and pled guilty to larceny in New York in 2012. In 2018, he was charged with a removable offense, as the larceny charge was a crime involving moral turpitude under the Bureau of Immigration Appeals’ 2016 ruling in Matter of Diaz-Lizarraga, 26 I. & N. Dec. … Read more
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
#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
#Asylum #Immigration #Persecution #Refugee04/16/20- Appellant is a Ghanaian and came to the US illegally, fleeing his homeland after being outed as homosexual. Prior to fleeing, he escaped a mob attack led by his father in which he was beaten, doused with kerosene and threatened with beheading while someone in the mob brandished a cutlass. After … Read more