Friday, May 27, 2011

FindLaw Immigration Law Summaries - May 23-May 27, 2011

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Weekly Opinion Summaries
Immigration Law

May 23-27, 2011 FindLaw.com Weekly Immigration Law Newsletter
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Immigration Law

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Immigration Law

United States Supreme Court, 05/26/2011
Chamber of Commerce of United States of America v. Whiting, No. 09-115
In a federal pre-enforcement suit challenging the Legal Arizona Workers Act, which, in certain circumstances, revoke the licenses of state employers that knowingly or intentionally employ unauthorized aliens and requires all Arizona employers to use E-Verify, judgment of the appeals court is affirmed where the plain language of the Immigration Reform and Control Act's (IRCA) preemption clause did not invalidate Arizona's law because the law did no more than impose licensing conditions on businesses operating within the State; nor was the state law preempted with respect to E-Verify because although Congress made the program voluntary at the national level, it expressed no intent to prevent States from mandating participation. Read more...

United States First Circuit, 05/23/2011
Dehonzai v. Holder, No. 09-2071
In a petition for review of an order of the BIA affirming a denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture, judgment of the BIA is affirmed where its finding that the petitioner, a native and citizen of the Ivory Coast, is not credible is supported by sufficient evidence. Read more...

United States Second Circuit, 05/27/2011
Freire v. Holder, No. 09-0329
In a petition for review of a judgment of the BIA denying petitioner's request for a continuance while petitioner, a native and citizen of Brazil, sought adjustment of his status before the USCIS, petition is granted where denial of request on the basis that the BIA lacked the authority to grant the continuance constitutes legal error. Read more...





United States Fourth Circuit, 05/24/2011
Salem v. Holder, No. 10-1078
In a petition for review of a judgment of the BIA affirming an administrative order of removal under INA section 237(a)(2)(A)(ii), order of the BIA is affirmed where petitioner, a stateless Palestinian with a lengthy career criminal record, failed to satisfy his statutorily prescribed burden of demonstrating eligibility for cancellation of removal. Read more...

United States Fourth Circuit, 05/24/2011
Johnson v. Whitehead, No. 10-1488
In a petition for review of a judgment of the BIA affirming an administrative order of removal, petition is denied where petitioner, a native and citizen of Jamaica, is not a citizen within the meaning of 8 U.S.C. section 1432(a)(3). Read more...

United States Ninth Circuit, 05/23/2011
U S v. Diaz-Ramirez, No. 10-10231
In a dispute involving whether the taking of guilty pleas at a large group hearing violated the Fifth Amendment right to due process, judgment of the district court is affirmed where ample evidence supports finding by court that defendants, natives and citizens of Mexico, voluntarily and understandingly pled guilty, as required by Boykin, to illegally entering the United States in violation of 8 U.S.C. section 1325. Read more...

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