Immigration News

Case Summaries

[05/30] Channer v. Dep't of Homeland Sec.
Petition for review of a removal order on grounds that principles of res judicata barred the Department of Homeland Security ("DHS") from relitigating his removal based on a claim which could have been raised in his previous removal proceeding is denied where petitioner's second suit did not involve the same claim or nucleus of operative fact as the first.

[05/29] US v. Chavarria-Brito
A sentence for illegal reentry following deportation, enhanced based on his prior conviction of an "aggravated felony", is affirmed where defendant's prior state conviction for possession of forged documents with intent to defraud or perpetuate a fraud was sufficiently related to the false making or material alteration of a document with the intent to deceive.

[05/28] Arca-Pineda v. Atty. Gen. of US
Petition for review of an order finding petitioner removable and denying her application for suspension of deportation is denied where: 1) petitioner's continuous physical presence clock did not begin anew based on an administrative closure; 2) contrary to claims of inequitable application of the stop-time rule to her case, allowing petitioner's application for suspension of deportation would essentially permit her to avail herself from her failure to attend a deportation proceeding, frustrating Congress's purpose in enacting the stop-time rule; 3) petitioner's purported continuous period physical presence did not satisfy the requisite statutory period "immediately proceeding" her application for suspension of deportation; and 4) retroactive application of the stop-time rule to petitioner did not violate her due process rights.

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