These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
Fifth Circuit
The Fifth Circuit has determined that all non-citizens who enter the United States without inspection are subject to mandatory detention under 8 USC 1225.
The full text of Buenrostro- Mendez v. Bondi can be found here:
https://www.ca5.uscourts.gov/opinions/pub/25/25-20496-CV0.pdf
The Fifth Circuit has affirmed the agency’s determination that harsh prison conditions in El Salvador do not constitute torture. Some of the agency’s conclusions include:
-evidence is not sufficient to show that the dismal and harmful conditions of detention are specifically intended to torture
- pursuant to El Salvador’s State of Exception, Fuentes-Pineda would likely be detained and imprisoned upon his arrival
-the IJ was “unable to speculate” that deaths in Salvadoran prisons were “the result of extreme cruel and inhuman treatment rather than other causes such as substandard conditions of prison”
-evidence that the government is attempting to obfuscate the number of deaths does not necessarily indicate these deaths were specifically intended, rather than the result of of negligence caused by the overcrowded conditions
-advertising the poor conditions as a deterrent to criminal conduct is not inconsistent with attempts to improve those conditions as they currently exist
The full text of Fuentes-Pineda v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/24/24-60592-CV0.pdf
The Fifth Circuit has determined that asylum applicants protected by Temporary Protected Status cannot sue over the denial of their affirmative asylum applications because the denials are not final agency actions.
The full text of Sayegh de Kewayfati v. Bondi can be found here:
https://www.ca5.uscourts.gov/opinions/pub/25/25-20073-CV0.pdf
The Fifth Circuit has concluded that the certification requirements in 8 U.S.C. § 1229a(c)(3)(C) are not mandatory and has also determined that a Texas Conviction for indecency with a child - sexual contact is a crime of child abuse.
The full text of Campuzano v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/24/24-60575-CV0.pdf
The Fifth Circuit dismissed an untimely petition for review finding that the government did not waive the claims processing rule violation because it filed a motion to dismiss one week after the petition was filed.
The full text of Liao v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/25/25-60427-CV0.pdf
The Fifth Circuit has determined that a New Mexico conviction for child endangerment is a crime of child abuse, rejecting the petitioner’s argument that the statute encompasses permitting a child to be briefly exposed to inclement weather.
The full text of Silva de Santiago v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/25/25-60064-CV0.pdf
The Fifth Circuit has determined that a federal conviction for influencing a federal official by threatening assault is a crime of violence because it involves threats of physical force.
The full text of McLean v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/20/20-61098-CV0.pdf
The Fifth Circuit, in evaluating whether a non-citizen exercised due diligence in moving to reopen his proceedings, has indicated the importance of the date he learned of the availability of post-conviction relief. The Court rejected the argument that diligence should be measured from when the post-conviction order was granted.
The full text of Arevalo v. Bondi can be found here:
The Fifth Circuit has determined that the agency may rely on an uncontested forfeiture order to determine how much money was involved in a money laundering offense. “[W]e hold that an unrebutted forfeiture order entered solely against an alien that finds a specific amount of laundered funds attributable to the alien’s conduct of conviction can constitute clear and convincing evidence of the amount of funds required to be proven during a § 1101(a)(43)(D) circumstance-specific inquiry.”
The full text of Dominguez Reyes v. Bondi can be found here:
https://www.ca5.uscourts.gov/opinions/pub/25/25-60016-CV0.pdf
The Fifth Circuit has rejected the proposition that number bars are subject to equitable tolling. The Court did concede that the numerical bar is a claims processing rule and not a jurisdictional bar.
The full text of Garcia Morin v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/24/24-60590-CV0.pdf
The Fifth Circuit has determined that “extreme cruelty,” as required for VAWA cancellation of removal, is a mixed question of fact and law that a federal court has jurisdiction to review. The Court indicated review would be deferential as the determination is fact intensive.
The full text of Simantov v. Bondi can be found here:
https://www.ca5.uscourts.gov/opinions/pub/24/24-60487-CV0.pdf
The Fifth Circuit has rejected an argument that a Louisiana conviction for aggravated battery is not a crime of violence, finding that the appellant had not demonstrated a realistic probability that Louisiana actually prosecutes reckless conduct under the statute.
The full text of US v. Sereal can be found here: https://www.ca5.uscourts.gov/opinions/pub/23/23-30198-CR0.pdf
The Fifth Circuit has determined that the 30 day filing deadline in 8 U.S.C. § 1503(a) is a claims processing rule. The court further determined that “a denial of a timely motion to reconsider or motion to reopen may serve as the final administrative denial on a particular claim. If the motion is untimely, then the AAO decision is final.”
The full text of Villegas Sarabia v. Noem can be found here:
https://www.ca5.uscourts.gov/opinions/pub/24/24-50750-CV0.pdf
The Fifth Circuit has issued a decision finding the employment authorization and lawful presence benefits of the Deferred Action for Childhood Arrivals (DACA) program to be unlawful. However, the Court also determined that only the state of Texas had shown any injury from the program, and thus, it limited its injunction to that state, leaving the legality of the program in other parts of the country untouched. Finally, the Court stayed its own decision to permit the parties the opportunity to appeal. Thus, the state of DACA for now remains the same - those with DACA can renew it nationwide, but USCIS cannot approve new applications.
The full text of Texas v. United States can be found here:
https://www.ca5.uscourts.gov/opinions/pub/23/23-40653-CV0.pdf
The Fifth Circuit has determined that a non-citizen’s declaration alone is not sufficient to compel the agency to reopen a removal order based on lack of receipt of the notice of hearing.
The full text of Luna v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/21/21-60195-CV0.pdf
The Fifth Circuit has affirmed the agency’s hardship finding in a cancellation of removal case, finding that even if it accorded that determination no deference, the applicant had not established that his U.S.-citizen son would suffer exceptional and extremely unusual hardship without him.
The full text of Cuenca-Arroyo v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/23/23-60100.CV0.pdf
The Fifth Circuit has rejected a challenge to the revocation of the approval of an I-140 petition. The Court found that because the agency found the petition was granted in error, it was never valid, the portability rules in section 245(j) of the INA did not prevent the revocation of the approval.
The full text of Nguyen v. Jaddou can be found here:
https://www.ca5.uscourts.gov/opinions/pub/23/23-20597-CV0.pdf
The Fifth Circuit has determined that a Louisiana conviction for accessory after the fact is not an obstruction of justice aggravated felony because the state offense is a general intent crime, while the generic definition of obstruction of justice requires a specific intent to interfere with the process of justice.
The full text of Lopez Orellano v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/23/23-60248-CV0.pdf
The Fifth Circuit has affirmed that federal courts have no jurisdiction to review the denial of adjustment of status applications outside of the removal context, precluding judicial review of denials of adjustment of status to arriving aliens. “That Momin has no recourse for what may be a series of mistakes by the government is cruel but legally compelled. As the law stands, 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review of denials of applications for adjustment of status and waivers of inadmissibility. This case illustrates some of the pitfalls that follow. In the absence of judicial review to ensure that the government turns square corners, we are left only with the hope that USCIS will give any future application by Momin to reopen his case careful attention.“
The full text of Momin v. Jaddou can be found here: https://www.ca5.uscourts.gov/opinions/pub/23/23-20327-CV0.pdf
The Fifth Circuit has remanded an asylum claim for a Cameroonian nurse, finding that the agency’s analysis of past persecution was insufficient, its analysis of nexus was incorrect, and its lack of corroboration finding was contradicted by the record. “Aben was arrested and detained three times; held in unlawful captivity for a total of six days; slapped, kicked, and knocked in the head; beaten with a belt and a stick; suffered several lacerations, blisters, sores, and bruises; threatened with death while held at gunpoint; and told he would be killed if he did not run fast enough to escape. The BIA’s determination must be vacated because it fails to account for the credible death threats that Aben received.”
“The BIA stated that the actions taken against Aben were not politically motivated but instead were taken due to his occupation as a nurse. However, the BIA failed to address the fact that Aben testified that the military imputed a political opinion to him because military members chastised him for treating ‘separatist fighters,’ and told Aben ‘you [Anglos] think you can fight the government. We will kill you one by one.’ He also testified that as he was being taken from his uncle’s home, he was told, ‘[Y]ou think you can fight us.’ Aben did not claim that the military was targeting him because he was a nurse. Rather he argues that he was perceived to be assisting separatists and later accused of fighting against the government. The BIA does not address this evidence.“
“The BIA and IJ faulted Aben for not documenting his injuries with pictures or medical records. But Aben stated that the Cameroonian authorities seized his cellphone and that he was afraid to use one because of what the authorities would do if they found documentation. He also stated that he avoided hospitals because of fear. Accordingly, the two means of documenting his injuries that the IJ faulted Aben for not using appear unavailable to him based on the record.”
The full text of Aben v. Holder can be found here:
https://www.ca5.uscourts.gov/opinions/pub/20/20-60937-CV0.pdf
