11 May 2009

RECENT IMMIGRATION CASE SUMMARIES

April - May 2009



U.S. Supreme Court, April 22, 2009
Nken v. Holder, No. 08-681
The Court of Appeals' denial of Petitioner's motion to stay his removal pending judicial review of a BIA ruling is reversed, where traditional stay factors, not the demanding 8 U.S.C. section 1252(f)(2) standard, govern a Court of Appeals' authority to stay an alien's removal pending judicial review.

U.S. 7th Circuit Court of Appeals, April 21, 2009
Construction and Design Co. v. US Citizenship and Immigration Serv. , No. 082461p.pdf
In an action involving immigration work visas, district court's judgment affirmed where the court properly affirmed the denial of the visa petition as the plaintiff did not meet the Department of Homeland Security requirement that he can afford to pay the alien’s wage.

U.S. 7th Circuit Court of Appeals, April 23, 2009
Krishnapillai v. Holder , No. 07-2512
Petition for review of an order sustaining the denial of plaintiff's requests for asylum, restriction on removal, and relief under the U.N. Convention Against Torture is denied where: 1) the IJ's adverse credibility determination against plaintiff was reasonable and consistent with the record evidence; 2) plaintiff failed to supply corroboration of the events he testified about and thus presented insufficient evidence to support his claim that he would be persecuted if returned to Sri Lanka; 3) plaintiff failed to offer sufficient evidence that he was entitled to a hearing on the possibility that he would face persecution as a failed asylum seeker; and 4) plaintiff did not establish a pattern or practice of persecution in Sri Lanka based on a protected trait that he shares.

U.S. 8th Circuit Court of Appeals, April 20, 2009
Hanggi v. Holder , No. 08-1842
Petition for review of an order denying plaintiff's request for a continuance and motion to terminate removal proceedings is denied where: 1) challenge to the denial of continuance is not properly before the court as plaintiff failed to raise the issue before the Board of Immigration Appeals; and 2) it is unclear as to whether the court has the authority to consider whether the immigration judge erred in denying petitioner's motion to terminate removal proceedings, but if it did have the authority, the IJ did not abuse her discretion in denying the request.

U.S. 9th Circuit Court of Appeals, April 20, 2009
US v. Santacruz, No. 07-55470
In an action by the U.S. seeking to revoke Defendant's naturalization based on his commission of a "crime of moral turpitude" under 8 U.S.C. section 1427, summary judgment for Plaintiff is affirmed, where possession of child pornography constitutes a crime of moral turpitude, even though it does not have a specific intent requirement.

U.S. 9th Circuit Court of Appeals, April 21, 2009
Sinha v. Holder, No. 04-73843
Petitioner's petition for review of the BIA's order of removal is granted, where the Immigration Judge's finding that Petitioner was not subject to persecution in his native country based on his race was not supported by substantial evidence.

U.S. 9th Circuit Court of Appeals, April 23, 2009
US v. Mejia-Luna, No. 07-10472
Defendant's illegal alien transportation conviction and sentence are affirmed where: 1) the District Court did not abuse its discretion in allowing a customs agent to testify as an expert about alien smuggling; and 2) the District Court properly instructed the jury on the meaning of "serious bodily injury" under 18 U.S.C. section 1365(h)(3).

U.S. 10th Circuit Court of Appeals, April 21, 2009
Razkane v. Holder, No. 08-9519
Petitioner's petition for review of the BIA's order of removal is granted, where the Immigration Judge (IJ) improperly denied Petitioner's asylum application based on the IJ's own assessment of whether Petitioner appeared homosexual and was thus likely to be persecuted in his native country on that basis.