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Weekly Caselaw Updates

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Yasin v. Att'y Gen.

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.…

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.

Liang v. Att’y Gen.
3rd Circuit

The petitioner was a  Chinese national who sought asylum in the United States because Chinese authorities severely beat him when they discovered him practicing Christianity in 2000. Once the beating ended, the officials warned the petitioner: If we catch you in a church again, we will throw you back in jail. A decade later, he… Continue reading Liang v. Att’y Gen.

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.