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Tag Archives: Immigration

EDVA: Review framework may violate immigrants’ due process rights (access required)

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not ...

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4th Cir.: Va.’s obstruction offense not a crime of moral turpitude (access required)

The Board of Immigration Appeals erred in concluding that Virginia’s obstruction-of-justice offense qualified as a “crime involving moral turpitude” that heightened the burden on an immigrant petitioner challenging his removal. Background Petitioner Jose Ramirez, a citizen of El Salvador, first ...

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4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

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4th Cir.: Board didn’t explain change in deportation standard (access required)

A Board of Immigration Appeals decision effectively adopting a new standard for “crimes involving moral turpitude” could not rely on the new standard without offering good reasons for the change and addressing its retroactive effect. Background Petitioner Pedro Josue Jimenez-Cedillo, ...

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EDVA: Removal order unfair without notice of voluntary option (access required)

A defendant’s indictment for illegal re-entry was dismissed because the underlying removal order was entered without advising the defendant of his possible eligibility for voluntary removal. Background In 2011, U.S. Immigration & Customs Enforcement took custody of Defendant Leodan Itehua, ...

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4th Cir.: Travel ban’s third iteration likely unconstitutional (access required)

The appellate court affirmed a nationwide preliminary injunction on the Trump administration’s travel ban, which the district court held was a likely violation of the First Amendment’s guarantee of religious freedoms. Background Seven days after taking office, President Donald Trump ...

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Persecution targeting family prevents removal (access required)

Petitioner Reynaldo Salgado-Sosa, a native citizen of Honduras, seeks asylum, withholding of removal, and protection under the Convention Against Torture. According to testimony found credible by the Immigration Judge, Salgado-Sosa and his family operated two small businesses out of their ...

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BIA’s asylum rejection not adequately explained (access required)

The court of appeals vacated a decision of the Board of Immigration Appeals to deny Petitioner Felipe de Jesus Molina Mendoza’s request for asylum, finding that the tribunals below failed to show that they fairly considered all of the relevant ...

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Asylum Application – Untimely – Changed Circumstances (access required)

Even though the Honduran petitioner failed to seek asylum within one year of arriving in the U.S., since his arrest by immigration authorities led to more violence against his family and threats against his associates in more Honduran cities, petitioner ...

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