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Sixth Circuit

2013 - 2012 | 2011 | 2010 - 2009 | 2008 - 2007 | 2006 - 2005 | 2004 - 2002

  • CA6 Vacates and Remands, Finds Petitioner Timely Retracted His False Asylum Testimony(540 KB - 9/5/2014)
    The court vacated the BIA’s decision that the petitioner’s voluntary confession of false asylum testimony was not retracted because it was untimely, and remanded for the BIA to determine his eligibility for cancellation of removal. (Ruiz v. Holder, 8/29/14)
    AILA Doc. No. 14090560.
  • CA6 Finds Employer Personally Liable for Back Wages, Costs of Obtaining J-1 Waivers and H-1B Visas(561 KB - 8/20/2014)
    The court affirmed the district court decision finding the employer personally liable and the medical clinics corporately liable for back wages and the costs of obtaining J-1 waivers and H-1B visas, and for violating numerous other INA provisions. (Kutty v. DOL, 8/20/14)
    AILA Doc. No. 14082040.
  • CA6 Says Petitioner Failed to State a Claim under the APA(534 KB - 8/6/2014)
    The court affirmed the district court’s dismissal of the complaint, holding that USCIS’s termination of refugee status and denial of the adjustment application were not “final agency actions” reviewable in district court under the Administrative Procedure Act (APA). (Jama v. DHS, 7/25/14)
    AILA Doc. No. 14080646.
  • CA6 Says TVPRA Does Not Apply to Former Unaccompanied Minors(539 KB - 7/21/2014)
    The court held that the IJ had the authority to review the asylum claim, finding the Trafficking Victims Protection Reauthorization Act (TVPRA) did not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to USCIS. (Harmon v. Holder, 7/10/14)
    AILA Doc. No. 14072141.
  • CA6 Remands to BIA, Finding IJ Erred in Interpreting §208(a)(2)(D)(585 KB - 6/19/2014)
    The court disagreed with the IJ’s interpretation, finding nothing in §208(a)(2)(D) requiring an applicant show he was ineligible for asylum when he arrived in the U.S. before using “changed circumstances” to extend the deadline for filing an application. (Mandebvu v. Holder, 6/18/14)
    AILA Doc. No. 14061945.
  • CA6 Declines to Review MTR Denial Based on Prior Finding of Sham Marriage(467 KB - 3/12/2014)
    The court found the BIA did not abuse its discretion in rejecting the motion to reopen (MTR) the removal proceedings, as the petitioner was ineligible for adjustment of status because of one prior finding of a sham marriage under INA §204(c). (Foythong v. Holder, 2/27/14)
    AILA Doc. No. 14031205.
  • CA6 Upholds Adverse Credibility Finding in Asylum Denial for Ukrainian Citizen(482 KB - 2/3/2014)
    The court denied the petition to review the asylum denial, finding that under the REAL ID Act, inconsistencies the IJ found in petitioner’s testimony were sufficient for an adverse credibility finding, although they did not go to the heart of the asylum claim. (Slyusar v. Holder, 1/30/14)
    AILA Doc. No. 14020304.
  • CA6 Remands for BIA to Decide Whether Offense Is a CIMT(516 KB - 1/21/2014)
    The court remanded for the BIA to decide whether petitioner’s offense under Michigan law is a CIMT and whether he is removable without giving his attorney’s concession binding effect, and separately affirmed the BIA’s conclusion that he is ineligible for asylum. (Hanna v. Holder, 1/17/14)
    AILA Doc. No. 14012148.
 
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