These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
The Second Circuit has applied the factors outlined in Matter of Sanchez Sosa - which typically apply to a motion to continue due to a pending U visa application - to a motion to remand a case pending before the Board of Immigration Appeals.
The full text of Paucer v. Garland can be found here:
The Third Circuit has determined that Pennsylvania’s DUI statute - which criminalizes driving under the influence of controlled substances - is overbroad and indivisible with respect to the identify of the substances the person was using. The court noted that under state law, jurors do not to unanimously agree what substance a defendant is under the influence of to convict.
The full text of Pesikan v. Attorney General can be found here:
The Board of Immigration Appeals has determined that a non-citizen who enters without inspection, is detained, placed in removal proceedings, and then released on conditional parole, is not eligible for permanent residency under the Cuban Adjustment Act.
The full text of Matter of Cabrera-Fernandez can be found here:
The Ninth Circuit has confirmed that the date of commission of an inadmissible offense - not the date of conviction - is what triggers the stop-time rule for cancellation of removal.
The full text of Rudnitskyy v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/14/21-1098.pdf
The Ninth Circuit has clarified that a petitioner does not need to show that his relatives experienced persecution on the basis of their family membership in order to show that he himself might experience persecution as their relative. In this case, the petitioner expressed fear of persecution because of his family ties to members of an Autodefensora group, and the Immigration Judge found that the uncles who were members of the group had experienced persecution because of the membership in the group, not because of their family ties. The Ninth Circuit found that reasoning unpersuasive. “Thus, even assuming all of Blancas Hermosillo’s uncles were harmed only because of their Autodefensa memberships and not their familial relationships, that does not foreclose the possibility that Blancas Hermosillo will experience persecution as a relative of the Autodefensa leader and other members.”
The full text of Hermosillo v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/14/18-71220.pdf
The Fifth Circuit has determined that “business owners” are not a valid particular social group because they lack an immutable characteristic.
The full text of Munoz-De Zelaya v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/22/22-60505-CV0.pdf
The Fourth Circuit has deferred to the Board of Immigration Appeals’ determination that receipt of stolen property offenses constitute crimes involving moral turpitude (CIMT) if the defendant knows the property was stolen, even if the statutes do not require the defendant to intend to permanently deprive the owner of the property. The court further agreed that Virginia’s receipt of stolen property statute matches the definition of a CIMT. The court remanded because the Immigration Judge failed to advise the petitioner of the requirement of posting a voluntary departure bond before granting him voluntary departure.
The full text of Solis-Flores v. Garland can be found here:
The Third Circuit has deferred to the agency’s determination in Matter of Wong that New Jersey disorderly persons offenses are convictions for immigration purposes. However, the court remanded for further analysis of whether the proposed social group of “Honduran women in a domestic relationship where the male believes that women are to live under male domination” is cognizable for asylum purposes.
The full text of Avila v. Attorney General can be found here:
The Second Circuit has declined to give retroactive effect to New York’s sentencing reform for misdemeanors (reducing the maximum sentence from 365 to 364 days of incarceration) in immigration proceedings.
The full text of Vasquez v. Garland can be found here:
The First Circuit has determined that a conviction remains final for immigration purposes during the pendency of a post-conviction motion.
The full text of St. John v. Garland can be found here:
The Department of Homeland Security has announced an extension and redesignation of Temporary Protected Status for Afghanistan. Citizens of Afghanistan present in the United States since September 20, 2023 may now qualify for TPS.
The full announcement can be found here:
The Department of Homeland Security has announced an extension and redesignation of Temporary Protected Status for Venezuela. Venezuelan citizens present in the United States since July 31, 2023 may now qualify for TPS.
The full announcement can be found here:
The Board of Immigration Appeals has confirmed that a failure to report harm is not necessarily fatal to a claim of persecution if the respondent can demonstrate that reporting private abuse to government authorities would have been futile or dangerous. In addition, adjudicators should not expect a respondent to hide his or her sexual orientation if removed to his or her native country.
The full text of Matter of C-G-T- can be found here: https://www.justice.gov/eoir/page/file/1594626/download
The Tenth Circuit has determined that if a non-citizen is granted voluntary departure, and wishes to file a motion to reopen, he must do so by the 60th day of his voluntary departure period, even if that day falls on a weekend.
The full text of Velazquez v. Garland can be found here:
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110915861.pdf
An amended opinion can be found here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110969149.pdf
The Ninth Circuit has determined that an Oregon conviction for menacing constituting domestic violence is not a crime involving moral turpitude because it does not require the actual infliction of fear. “A CIMT determination requires both an evil or malicious intent and the infliction of actual substantial harm on another. In Latter-Singh, we explained that the injury required under § 422—that the victim experience sustained fear from the threat—ensured that the statute criminalized only ‘conduct which results in substantial harm’ and excluded non-turpitudinous conduct such as ‘emotional outbursts’ or ‘mere angry utterances or ranting soliloquies, however violent.’” “The Oregon menacing statute prohibits words or conduct that is intended to place others in fear of imminent serious physical injury, but it does not require any intent to cause injury or that the victim experience any actual fear or injury as a result of the criminal act.”
The full text of Flores-Vasquez v. Garland can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/08/31/20-73447.pdf
The Ninth Circuit has determined that the 30-day deadline to file a petition for review of a removal order is not jurisdictional. The court has further determined that a petition for review filed within 30 days of the completion of reasonable fear proceedings (rather than the issuance of a reinstatement order) is timely.
The full text of Alonso-Juarez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/08/15-72821.pdf
The Third Circuit has construed the polygamy bar to good moral character to require the applicant to have knowingly entered into two marriages simultaneously. It does not require any evaluation of the applicant’s subjective beliefs regarding the practice of polygamy.
The full text of Al-Hasani v. Secretary of Department of Homeland Security can be found at: https://www2.ca3.uscourts.gov/opinarch/221603p.pdf
The Second Circuit has again cast doubt on the reliability of border interviews in a credibility determination. The court reiterated that “a border interview record is “‘inherently less reliable’ if (1) the record ‘merely summarizes or paraphrases the [noncitizen’s] statements’ rather than include ‘a verbatim account or transcript,” (2) “the questions asked are not designed to elicit the details of an asylum claim, or the . . . officer fails to ask follow-up questions that would aid the [noncitizen] in developing his or her account,’ (3) ‘the [noncitizen] appears to have been reluctant to reveal information to INS officials because of prior interrogation sessions or other coercive experiences in his or her home country,’ or (4) ‘the [noncitizen’s] answers to the questions posed suggest that the [noncitizen] did not understand English or the translations provided by the interpreter.’” An IJ is required to consider these factors before relying on a border interview for an adverse credibility determination if the record indicates the factors may be relevant.
The full text of Pomavilla-Zaruma v. Garland can be found here: https://www.ca2.uscourts.gov/decisions/isysquery/e263f00e-d425-4546-a54b-58a3fa367add/10/doc/20-3230_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/e263f00e-d425-4546-a54b-58a3fa367add/10/hilite/
U.S. Citizenship and Immigration Services has announced an extension and redesignation of Temporary Protected Status (TPS) for Sudan. Sudanese citizens who have been physically present in the United States since August 16, 2023, and who are not otherwise ineligible for TPS, may now apply.
The official announcement can be found here: https://www.dhs.gov/news/2023/08/18/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-sudan
U.S. Citizenship and Immigration Services has announced an extension and redesignation of Temporary Protected Status (TPS) for Ukraine. Ukrainians who have been physically present in the United States since August 16, 2023, and who are not otherwise ineligible for TPS, may now apply.
The official announcement can be found here: https://www.dhs.gov/news/2023/08/18/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-ukraine
