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U.S. v. Gill, No. 12-2207-cr (2nd Cir.) (748 F.3d 491) (May 7, 2014) (Judge Robert A. Katzmann)

Article • December 1, 2014

Filed under: Punch And Jurists, Section 212(c) Waiver

U.S. v. Gill, No. 12-2207-cr (2nd Cir.) (748 F.3d 491) (May 7, 2014) (Judge Robert A. Katzmann) by [Editor's Note: For a commentary on this decision, see "Circuit Issues Important New Decision on Availability of Relief from Deportation," by Edqard Zas, as posted on the Second Circuit Blog on May …

In the Matter of Immigration Petitions, No. 12-4096 (2nd Cir.) (702 F.3d 160) (October 16, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

In the Matter of Immigration Petitions, No. 12-4096 (2nd Cir.) (702 F.3d 160) (October 16, 2012) (Judge Dennis G. Jacobs) by In light of the numerous immigration cases in the 2nd Circuit Court that are actually or potentially subject to a future decision by the Government as to whether it …

U.S. v. Haynes, No. 12-626-cr (2nd Cir.) (729 F.3d 178) (September 5, 2013) (Judge John G. Koeltl)

Article • December 1, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Fundamentally Unfair

U.S. v. Haynes, No. 12-626-cr (2nd Cir.) (729 F.3d 178) (September 5, 2013) (Judge John G. Koeltl) by District Judge Mae D’Agostino of the N.D.N.Y. is a relative newcomer to the bench, having received her commission in March, 2011. We don’t know how many times she has presided over criminal …

Akinsade v. Holder, No. 10-0662-ag (2nd Cir.) (678 F.3d 138) (May 1, 2012) (Judge Robert A. Katzmann)

Article • December 1, 2012

Filed under: Punch And Jurists, Aggravated Felonies

Akinsade v. Holder, No. 10-0662-ag (2nd Cir.) (678 F.3d 138) (May 1, 2012) (Judge Robert A. Katzmann) by In removal proceedings against a lawful permanent resident who had been convicted of embezzlement by a bank employee under 18 USC section 656, a petition for review of a BIA finding of …

Judulang v. Holder, No. 10-694 (U.S. Supreme Court) (565 U.S. 42; 132 S.Ct. 476) (December 12, 2011) (Justice Kagan)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Section 212(c) Waiver

Judulang v. Holder, No. 10-694 (U.S. Supreme Court) (565 U.S. 42; 132 S.Ct. 476) (December 12, 2011) (Justice Kagan) by In this unusually arcane immigration case, the Supreme Court addressed the Board of Immigration Appeals’ (BIA) complex policy for deciding when resident aliens may apply to the Attorney General for …

Duarte-Ceri v. Holder, No. 08-6128-ag (2nd Cir.) (630 F.3d 83) (December 6, 2010) (Judge Denny Chin)

Article • December 1, 2010

Filed under: Punch And Jurists, Under the Age 18

Duarte-Ceri v. Holder, No. 08-6128-ag (2nd Cir.) (630 F.3d 83) (December 6, 2010) (Judge Denny Chin) by [Editor's Note: For a commentary on this decision, see "Circuit Splits on Meaning of 'Under Age of 18' in Deportation Matter," by Mark Hamblett, as published in the New York Law Journal on …

Alsol v. Mukasey, No. 07-2068-ag (L) (2nd Cir.) (548 F.3d 207) (November 14, 2008) (Judge Chester J. Straub)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Aggravated Felonies

Alsol v. Mukasey, No. 07-2068-ag (L) (2nd Cir.) (548 F.3d 207) (November 14, 2008) (Judge Chester J. Straub) by Petitions for review of decisions canceling removal are granted and orders of the Board of Immigration Appeals are vacated where: 1) a second conviction for simple controlled substance possession under state …

Arriaga v. Mukasey, No. 07-1148-ag (2nd Cir.) (521 F.3d 219) (March 27, 2008) (Judge Dennis G. Jacobs)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Arriaga v. Mukasey, No. 07-1148-ag (2nd Cir.) (521 F.3d 219) (March 27, 2008) (Judge Dennis G. Jacobs) by Petition for review of BIA's final order of removal on the basis of petitioner's conviction for the offense of stalking is denied where the stalking provision of the removal statute (18 U.S.C. …

Yusupov v. Att'y Gen. of the U.S., No. 05-4232 (3rd Cir.) (518 F.3d 185) (March 14, 2008) (Judge Thomas L. Ambro)

Article • February 1, 2008 • from P&J February, 2008

Filed under: Punch And Jurists, Security Threat

Yusupov v. Att'y Gen. of the U.S., No. 05-4232 (3rd Cir.) (518 F.3d 185) (March 14, 2008) (Judge Thomas L. Ambro) by Here the Third Circuit held that an alien who "may pose" a danger to national security is not necessarily the same as an alien who "is" a danger …

Pierre v. Gonzales, No. 05-3260-ag (2nd Cir.) (502 F.3d 109) (September 11, 2007) (Judge Dennis G. Jacobs)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, U.N. Convention Against Torture

Pierre v. Gonzales, No. 05-3260-ag (2nd Cir.) (502 F.3d 109) (September 11, 2007) (Judge Dennis G. Jacobs) by For a summary of this decision, see "Haitians Facing Prison After Deportation Cannot Cite Torture as Defense to Stay," by Mark Hamblett, as published in the New York Law Journal on September …

Jean-Pierre v. U.S. Attorney General, No. 06-13359 (11th Cir.) (500 F.3d 1315) (September 19, 2007) (Judge Stanley Marcus)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, U.N. Convention Against Torture

Jean-Pierre v. U.S. Attorney General, No. 06-13359 (11th Cir.) (500 F.3d 1315) (September 19, 2007) (Judge Stanley Marcus) by In this case, the Court effectively held that the immigratiion courts cannot turn a blind eye to claims of torture. The Court's opinion started as follows: "More than fifty years ago, …

Blake v. Carbone, No. 05-2988-ag(L) (2nd Cir.) (489 F.3d 88) (June 1, 2007) (Judge Richard C. Wesley)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Punch And Jurists, Section 212(c) Waiver

Blake v. Carbone, No. 05-2988-ag(L) (2nd Cir.) (489 F.3d 88) (June 1, 2007) (Judge Richard C. Wesley) by Petitions for review of orders holding deportees ineligible for relief under former section 212(c) of the Immigration and Nationality Act because their aggravated felony ground of deportation lacked a counterpart ground of …

Memije v. Gonzales, No. 06-71282 (9th Cir.) (481 F.3d 1163) (March 26, 2007) (Per Curiam)

Article • March 1, 2007 • from P&J March, 2007

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Memije v. Gonzales, No. 06-71282 (9th Cir.) (481 F.3d 1163) (March 26, 2007) (Per Curiam) by Last summer, in Memije v. Gonzales, 187 Fed. Appx. 775 (9th Cir. July 3, 2006) (“Memije I”), a panel from the Ninth Circuit rejected an appeal by two Mexican immigrants, a husband and wide, …

Lopez v. Gonzales, No. 05-547 (U.S. Supreme Court) (549 U.S. 47; 127 S.Ct. 625) (December 5, 2006) (Justice Souter)

Article • November 1, 2006 • from P&J November, 2006

Filed under: Punch And Jurists, Aggravated Felonies

Lopez v. Gonzales, No. 05-547 (U.S. Supreme Court) (549 U.S. 47; 127 S.Ct. 625) (December 5, 2006) (Justice Souter) by The Court held that, at least for the purposes of determining whether a crime constitutes an “aggravated felony” under the INA, a state offense constitutes such a felony only if …

Kim v. Gonzales, No. 05-2462 (1st Cir.) (468 F.3d 58) (November 16, 2006) (Judge Michael Boudin)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Legislative Confusion

Kim v. Gonzales, No. 05-2462 (1st Cir.) (468 F.3d 58) (November 16, 2006) (Judge Michael Boudin) by Islam v. Gonzales, 469 F.3d 53 (2nd Cir. Nov. 9, 2006) (Judge Parker) Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (Judge Boudin) It sometimes seems as America’s immigration courts …

Chan v. Gantner, No. 05-4573-cv (2nd Cir.) (464 F.3d 289) (September 20, 2006) (Per Curiam)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Chan v. Gantner, No. 05-4573-cv (2nd Cir.) (464 F.3d 289) (September 20, 2006) (Per Curiam) by Summary judgment for defendants, and denial of plaintiff's application for naturalization based on a 1993 conviction to smuggle aliens, are affirmed as: 1) the amendments to the Immigration and Nationality Act that expanded the …

Lopez v. Gonzales, No. 04-2397 (8th Cir.) (417 F.3d 934) (August 9, 2005) (Judge Raymond W. Gruender)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Aggravated Felonies

Lopez v. Gonzales, No. 04-2397 (8th Cir.) (417 F.3d 934) (August 9, 2005) (Judge Raymond W. Gruender) by U.S. v. Amaya-Portillo, 423 F.3d 427 (4th Cir. 09/06/05) (Judge Cacheris) Lopez v. Gonzalez, 417 F.3d 934 (8th Cir. 09/09/05) (Judge Gruender) In Amaya-Portillo, a divided panel from the Fourth Circuit reversed …

U.S. v. Mendez-Morales, No. 03-3477 (8th Cir.) (384 F.3d 927) (October 6, 2004) (Judge James B. Loken)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Fundamentally Unfair

U.S. v. Mendez-Morales, No. 03-3477 (8th Cir.) (384 F.3d 927) (October 6, 2004) (Judge James B. Loken) by In U.S. v. Mendoza-Lopez, 481 U.S. 828, 834 (1987), the Supreme Court concluded that due process requires that a "collateral challenge to the use of a deportation proceeding as an element of …

U.S. v. Mendoza-Lopez, No. 85-2067 (U.S. Supreme Court) (481 U.S. 828; 107 S.Ct. 2148) (May 26, 1987) (Justice Marshall)

Article • October 28, 2004

Filed under: Punch And Jurists, Fundamentally Unfair

U.S. v. Mendoza-Lopez, No. 85-2067 (U.S. Supreme Court) (481 U.S. 828; 107 S.Ct. 2148) (May 26, 1987) (Justice Marshall) by In this case, two Mexican nationals were separately arrested in Nebraska, transported to Colorado, and placed in a group deportation hearing where they appeared pro se. At the hearing, the …

U.S. v. Sosa, No. 03-1530 (2nd Cir.) (387 F.3d 131) (October 21, 2004) (Judge Ralph K. Jr. Winter)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Fundamentally Unfair

U.S. v. Sosa, No. 03-1530 (2nd Cir.) (387 F.3d 131) (October 21, 2004) (Judge Ralph K. Jr. Winter) by U.S. v. Torres, 383 F.3d 92 (3rd Cir. 2004) U.S. v. Sosa, No. 03-1530 (2nd Cir. 10/21/04) In U.S. v. Mendoza-Lopez, 481 U.S. 828, 834 (1987), the Supreme Court concluded that …