Sixth Circuit Immigration Blog

An immigration law blog focusing on immigration issues arising at or within the Sixth Circuit.

Friday, January 6, 2017

Sixth Circuit on "lawfully" acquired LPR status for naturalization eligiblity

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Turfah v. Lynch , __ F.3d __ (6th Cir. 2017) (published) In this case, Turfah immigrated as a derivative beneficiary of an approved visa p...
Wednesday, July 16, 2014

Sua sponte reopening/equitable tolling due to vacatur of conviction

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Lisboa v. Holder , No. 12-4237 (6th Cir. Jun. 25, 2014) (unpublished) Lisboa was removed based on convictions for assault and domestic vio...
Wednesday, May 7, 2014

Being forced to concede relief may violate due process

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Suarez-Diaz v. Holder , No. 13-3605 (6th Cir. Apr. 30, 2014) (unpublished) In this case, the court criticized the practice of pressuring r...

Sixth Circuit defers to Matter of Y-L-

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Luambano v. Holder , No. 13-3881 (6th Cir. Apr. 30, 2014) (unpublished) In this decision, the court deferred to the AG's decision in M...

6th Cir on review of CAT claims, denial of venue change

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Mendoza-Rodriguez v. Holder , No. 13-4357 (6th Cir. Apr. 25, 2014) (unpublished). In this case, the court affirmed the denial of CAT relie...
Thursday, February 13, 2014

Sham divorce case now published

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http://6thcir.blogspot.com/2013/12/sixth-circuit-recognizes-concept-of.html  is now a published decision. http://www.ca6.uscourts.gov/opinio...
Tuesday, February 4, 2014

Sex Abuse of a Minor

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USA v. Mateen , No. 12-4481 (6th Cir. Jan. 7, 2014) (published)   In this criminal sentencing, the court addressed an issue relevant to t...

6th Circuit on credibility determination, stays of removal

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Slyusar v. Holder , No. 13-3071 (6th Cir. Jan. 30, 2014) (published). In this published decision, the Sixth Circuit addressed several issu...

BIA on reopening for same sex marriage

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In re Manuel Lopez-Rivera , A089-235-276, 2014 WL 347695 (BIA Jan. 3, 2014) (unpublished) The noncitizen filed an untimely motion to reope...

BIA on reopening for provisional waiver

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In re Daniel Romero-Tello , A200-297-980, 2013 WL 6921581 (Dec. 31, 2013 BIA) (unpublished). The noncitizen filed a timely motion to reope...
Thursday, December 19, 2013

Sixth Circuit recognizes concept of sham divorce

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Bazzi v. Holder , No. 12-3759 (6th Cir. Dec. 19, 2013) (unpublished) In this case, the noncitizen allegedly lied about whether he had trul...

Detainers against U.S. citizens does not violate clearly established liberty right

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Ortega v. ICE , No. 12-6608 (6th Cir. Dec. 10, 2013) (published) In this case, a USC was sentenced to home confinement as part of a drivin...
Tuesday, November 26, 2013

District Court rejects Rojas

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Rosciszewski v. Adducci , __ F. Supp. 2d __, 2013 WL 6098553 (E.D. Mich. Nov. 14, 2013). The district court found that the meaning of ...
Tuesday, November 12, 2013

Reinstatement of Removal

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Ruiz v. Holder , No. 12-3900 (6th Cir. 2013) (unpublished). http://www.ca6.uscourts.gov/opinions.pdf/13a0893n-06.pdf The issue in this rei...

Notice to former counsel does not equal notice to party

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Lampe v. Kash , No. 12-4487 (6th Cir. 2013) (published) In this bankruptcy case, the matter for which the attorney represented the client ...
Tuesday, September 24, 2013

BIA on reopening for DACA or provisional ULP waiver

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In two separate unpublished decisions, the BIA denied motions to reopen to allow noncitizens to seek administrative closure for DACA or for ...
1 comment:
Friday, August 2, 2013

BIA on Aggravated Assault, MCL 750.81a

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Matter of Sangchul Lee , 2013 WL 3899749, A200-298-115 (BIA July 5, 2013) (unpublished). The BIA held that aggravated assault, MCL 750.81a ...

CA6 on Particular Social Group and Social Visibility

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Umana-Ramos v. Holder , No. 12-4274 (CA6 July 30, 2013) (published) In this resistance to gang recruitment case, the Court clearly adopted...
Friday, July 26, 2013

CA6 on "murder" under the INA, Matter of M-W-

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Wajda v. Holder , No. 12-3978 (CA6 July 23, 2013) (unpublished). The court affirmed the BIA's decision in Matter of M-W- , 25 I&N ...

CA6 on jurisdictional/claim processing rules, deference

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Shweika v. USCIS , No. 12-1645 (CA6 July 25, 2013) (published) This case involved an appeal from a district court decision dismissing a 14...
Thursday, April 25, 2013

False claim to USC dooms wife of attorney

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Martial-Emanuel v. Holder , No. 12-3903 (6th Cir. Apr. 22, 2013)  (unpublished). In this case, the court affirmed the denial of non-LPR ca...
Monday, March 4, 2013

Shackling of female detainees in labor

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Villegas v. Metro. Gov't of Nashville , No. 11-6031 (6th Cir. Mar. 4, 2013) (published) This was not directly an immigration case as i...

Late-filed administrative appeal is not a jurisdictional bar

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Abraitas v. U.S. , No. 12-3747 (6th Cir. Mar. 4, 2013) (published) This is a tax case but it discusses an issue that comes up in immigrati...

Reinstatement of removal

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Juarez-Chavez v. Holder , No. 11-4224 (6th Cir. Feb. 19, 2013) (unpublished) In this case, ICE reinstated a prior removal order.  The alie...

False statement to SBA is a CIMT

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Novatchinski v. Holder , No. 10-3873 (6th Cir. Mar. 4, 2013) (unpublished) The court found that making a false statement to the SBA, in vi...
Friday, February 8, 2013

Female Iraqi women with pro-Western tendencies in dress and looks

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Abdulbaki v. Holder , No. 12-3012 (6th Cir. Feb. 1, 2013) (unpublished, available through PACER) The Court reversed the BIA and remanded t...

Two Crimes of Violence cases

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USA v. Sanford , No. 11-1847 (6th Cir. Dec. 4, 2012) (published) In Sanford , the Court found that simple assault/domestic violence under ...
1 comment:
Wednesday, January 16, 2013

Lifers ineligible for early release for deportation

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Chico-Polo v. Department of Corrections , No. 307804 (Mich. Ct. App. Jan. 8, 2013) (published) There is also a concurring opinion. MCL ...

No derivatives for Withholding of Removal

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Camara v. Holder , No. 11-4043 (6th Cir. Jan. 15, 2013) (published) The Court denied the appeal filed by the spouse of an applicant grante...

Changed Country Conditions

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Zhang v. Holder , No. 11-4251 (6th Cir. Dec. 18, 2012) (published) In this case, the court reversed the BIA's denial of a motion to re...
Thursday, November 15, 2012

Cancellation of Removal - hardship review

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Navarro v. Holder , No. 10-4558 (6th Cir. Nov. 14, 2012) (unpublished) In this Mexican nonLPR cancellation of removal case, the only issue...

Ohio assault on a police officer is crime of violence

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US v. Evans , No. 11-3460 (6th Cir. Nov. 15, 2012) (published) In this criminal sentencing case, the court found that an Ohio conviction f...

FGM and well-founded fear

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Lo v. Holder , No. 10-3497 (6th Cir. Nov. 8, 2012) (published) In this FGM case from Senegal, the female applicant suffered past persecuti...
Tuesday, November 6, 2012

TN misdemeanor domestic violence not a "crime of violence"

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USA v. Castleman , No. 10-5912 (6th Cir. Sept. 19, 2012) (published) The court denied the government's appeal from a decision dismiss...
Tuesday, September 25, 2012

Affidavit of Support enforcement

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Davis v. Davis , 970 N.E.2d 1151 (Ohio App. May 11, 2012) In this divorce case, the court had to decide whether to terminate a spousal sup...

Habeas petition challenging reinstatement

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Alvarez-Lopez v. Adducci , 2012 WL 2407702, No. 12-11952 (E.D. Mich. June 26, 2012). This Mexican citizen was granted voluntary departure ...

Request to Appear for deferred inspection is a parole but still no AOS eligibility

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Ni v. USCIS , 2012 WL 3637731, No. 11-2482 (W.D. Tenn. Aug, 22, 2012). In this case, a Chinese citizen was denied admission at the port of...
Friday, August 17, 2012

Departure after initiation of removal proceedings = in absentia order

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In re Eliseo Pereyra , A076-014-954, 2012 WL 3276580 (BIA July 25, 2012) (Cleveland) (unpublished). In this case, it appears that after th...

Scope of 237(a)(1)(H) waiver

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Avila-Anguiano v. Holder , No. 11-3958 (6th Cir. Aug. 7, 2012) (published). In this decision, the court struggled with the scope of my fav...
Thursday, August 2, 2012

Sixth Circuit on torture-bar to relief

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Abdallahi v. Holder , No. 11-3920 (6th Cir. July 31, 2012) (published) This case involved multiple issues concerning whether an adjustment...
Tuesday, July 24, 2012

Sixth Circuit on Amending NTAs and time issues

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Sagastume v. Holder , No. 10-4393 (6th Cir. 07/20/2012) In this case, the aliens were admitted to the U.S. and then went to Canada to appl...
Thursday, July 5, 2012

6th Circuit on fleeing, CIMTs

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Ruiz-Lopez v. Holder , No. 11-3730 (6th Cir. June 19, 2012) (published) In this case, the court found that a Washington State conviction f...
Friday, June 1, 2012

6th Circuit on record of conviction

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USA v. Louchart , No. 10-1416 (6th Cir. May 25, 2012) (published) The narrow question in this case was whether the defendant's guilty ...
Thursday, May 10, 2012

Ohio appellate court on prejudice under Padilla

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Ohio v. Yahya , No. 10AP-1190 (Ohio App. Ct. Nov. 21, 2011) (unpublished) The defendant pled guilty to theft with a restitution amount ove...

Bivens action survives summary dismissal

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Ortega v. ICE , 2012 WL 1493874 (W.D. Ky, Apr. 27, 2012) (unpublished). A USC was serving a sentence of home confinement.  ICE issued a de...

Court reviews denial of derivative citizenship claim

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Guzman v. DHS , No. 10-2243 (6th Cir. May 10, 2012) (published) Joining all the other courts and agencies that have considered the matter,...

Zundell, Part III

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Zundel v. Holder , No. 10-6012 (6th Cir. May 7, 2012) (published) This is the third time the court has dealt with the removal of this Holo...
Thursday, May 3, 2012

Sixth Circuit on review of bona fide marriage I751 waivers

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Johns v. Holder , No. 11-3011 (6th Cir. May 2, 2012) (published) This case involved the denial of a good faith marriage waiver for an I-75...

Sixth Circuit on venue and televideo hearings

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Thiam v. Holder , No. 10-3371 (6th Cir. Apr. 30, 2012) (published) The court delved into the thorny matter of remote IJ's and venue.  ...
Friday, April 27, 2012

Sixth Circuit on nexus, CAT

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Mushayahama v. Holder , No. 10-3874 (6th Cir. Apr. 24, 2012) (unpublished) The court denied in part and sustained in part this petition fo...
Thursday, April 26, 2012

Michigan Court of Appeals on prejudice at plea stage

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People v. Douglas , No. 301546 (Mich. App. Apr. 12, 2012) (published) The Michigan Court of Appeals found that a defendant was prejudiced ...

No jurisdiction over I-130 revocation

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Mehanna v. USCIS , No. 11-1110 (6th Cir. Apr. 19, 2012) (published) The Sixth Circuit dismissed a challenge to the revocation of a visa pe...
Monday, April 9, 2012

Michigan Court of Appeals on right to full interpretation

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People v. Chen , No. 301153 (Mich. App. Feb. 16, 2012) (unpublished) The court affirmed that there is a right to a full interpretation of ...
Friday, February 17, 2012

Judulang remand

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Ikharo v. Holder , No. 08-4139 (6th Cir. Feb. 16, 2012) (unpublished) Previously in this case, the Sixth Circuit followed the BIA's co...

Michigan: Padilla is not retroactive

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People v. Gomez , No. 302485 (Mich. App. Feb. 14, 2012) (published) Unhappy Valentine's Day indeed.  The Michigan Court of Appeals con...
Monday, February 6, 2012

Pilla - immigration and criminal case

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The court issued two decisions adverse to Ramani Pilla: Pilla v. Holder , No. 09-4577 (6th Cir. Feb. 2, 2012) (unpublished) and Pilla v. US...

Failure to prove admission

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Chaidy v. Holder , No. 11-3177 (6th Cir. Feb. 2, 2012) (unpublished) In this case, the court affirmed the finding that the alien was inel...
Friday, January 27, 2012

No review of denial of sua sponte motion to reopen

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Kalaj v. Holder , No. 10-4315 (6th Cir. Jan. 26, 2012) (unpublished) The court found no jurisdiction to review the denial of a sua sponte ...

Review of TPS denial

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Hernandez v. Holder , No. 10-3662 (6th Cir. Jan. 25, 2012) (unpublished) The court reviewed on the merits of the TPS denial.  The court fo...

Asylum denial worth reading

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Abdurakhmanov v. Holder , No. 10-4263 (6th Cir. Jan. 23, 2012) (published) The court denied this Uzbeki's asylum claim but there is so...
1 comment:
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Russell Abrutyn
Berkley, MI, United States
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