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Fifth Circuit

2013 | 2012 | 2011 | 2010 - 2009 | 2008 | 2007 | 2006 | 2005 | 2004 - 2000 | 1999 - 1998

  • CA5 Finds Aiding and Abetting Improper Entry Conviction Renders Petitioner Removable(547 KB - 3/27/2014)
    The court denied the petition for review , concluding that the documents associated with petitioner’s conviction for aiding and abetting improper entry under §274(a) rendered him removable under §237(a)(1)(E)(i). (Santos-Sanchez v. Holder, 3/7/14)
    AILA Doc. No. 14032745.
  • CA5 Upholds Cancellation Denial for Petitioner with Texas Domestic Violence Conviction(549 KB - 3/6/2014)
    The court denied the petition for review, finding that petitioner’s TX conviction of aggravated assault of a family member, a second degree felony, triggers the stop-time rule under INA §240A(d)(1) and denies him eligibility for cancellation of removal. (Miresles-Zuniga v. Holder, 2/14/14)
    AILA Doc. No. 14030650.
  • CA5 Finds Asylum Grants Were Critical to International Child Abduction Determination(730 KB - 2/28/2014)
    The court vacated the district court order and remanded, finding that the asylum grants to the three minor children were critical to a determination of whether one or more of the Hague Convention’s exception to return applies. (Sanchez v. RGL, 2/21/14)
    AILA Doc. No. 14022857.
  • CA5 Holds Florida Cocaine Delivery Conviction Is Not an Aggravated Felony(572 KB - 2/19/2014)
    The court vacated and remanded the cancellation of removal denial, holding that the Florida offense of delivering cocaine for which petitioner was convicted was not categorically an aggravated felony. (Sarmientos v. Holder, 2/12/14)
    AILA Doc. No. 14021954.
  • CA5 Holds Noncitizen Does Not Have to Maintain Asylum Status in Order to Adjust(622 KB - 2/19/2014)
    The court held that INA §209(b) is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under the statute, and vacated the BIA’s decision ordering removal. (Siwe v. Holder, 2/6/14)
    AILA Doc. No. 14021949.
  • CA5 Dismisses Ineffective Assistance of Counsel Claim, Finds BIA Was Entitled to Enforce Waiver of Appeal(559 KB - 2/5/2014)
    The court held that since petitioner neglected to inform his attorney of the ineffective assistance of counsel claim, the BIA was entitled to enforce the waiver submitted through counsel and summarily dismiss the appeal for lack of jurisdiction. (Hernandez-Ortiz v. Holder, 1/31/14)
    AILA Doc. No. 14020543.
  • CA5 Vacates and Remands BIA Decision in Silva-Trevino(606 KB - 2/4/2014)
    Limiting its analysis to the “convicted of” clause of §212(a)(2)(A)(i), the court found the Attorney General’s method of considering extrinsic evidence in a crime involving moral turpitude analysis was inconsistent with the statute and contrary to precedent. (Silva-Trevino v. Holder, 1/30/14)
    AILA Doc. No. 14020449.
  • CA5 Dismisses Petition for Lack of Jurisdiction(541 KB - 1/29/2014)
    The court found it lacked jurisdiction to review petitioner’s due process challenge to his order of removal because he failed to contest his removability in prior proceedings and found that the petitioner’s challenge to the reinstatement order was without merit. (Martinez v. Johnson, 1/24/14)
    AILA Doc. No. 14012906.