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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Criminal Immigration Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Constitutional Immigration Judge Diana Gribbon Motz Search & Seizure

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Criminal Immigration Judge Pamela A. Harris

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, ...

Tagged with: Criminal Immigration Judge John A. Gibney Jr. U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Immigration Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Pamela A. Harris

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Allyson K. Duncan Unpublished Opinion

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 ...

Tagged with: Immigration Judge John A. Gibney Jr. U.S. District Court - Eastern District

Zambrano v. Sessions (VLW No. 017-2-208, 9 pp.) (Gibney, D.J.) 16-2131; Dec. 5, 2017; on petition for review from the Board of Immigration Appeals. 4th Cir. Holding: Even though the Honduran petitioner failed to seek asylum within one year of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge John A. Gibney Jr.

Nardea v. Sessions (VLW No. 017-2-204, 12 pp.) (Diaz, J.) 16-1274; Nov. 29, 2017; On petition for review from the Department of Homeland Security. 4th Cir. Holding: A visa stamp, a part of a visa waiver form, and the presumption ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Albert Diaz