The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond.
The Fifth Circuit granted the petition for review of the denial of the Ethiopian petitioner’s application for asylum and withholding of removal, finding that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian government’s detention and maltreatment of the petitioner was persecution on account of a protected ground.
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties faced by immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”
The Sixth Circuit granted the petition for review, concluding that the U.S. Supreme Court’s decision in Johnson v. United States, which held that the Armed Career Criminal Act’s residual definition of “violent felony” was void for vagueness, applied to the INA’s parallel definition of “crime of violence.” The court thus held that INA §101(a)(43)(F)’s residual definition of “crime of violence” was unconstitutionally vague.
- Applying the U.S. Supreme Court’s decision in Mathis v. United States, the Fifth Circuitvacated the BIA’s judgment and remanded, holding that the petitioner’s prior Texas misdemeanor assault conviction did not qualify as a “crime involving moral turpitude” that rendered him ineligible for cancellation of removal.
The DOJ filed a petition for rehearing with the U.S. Supreme Court in United States v. Texas, asking the Court to rehear the case when a ninth Supreme Court justice is confirmed. Last month, the Court deadlocked with a 4-4 tie in the case, which concerns President Obama’s expanded DACA and DAPA programs.