August 2018 Immigration Case Updates- Assad Hafeez Esq. from Sacramento

Assad Hafeez Esq. of Legal Strategies Company, in Sacramento CA, discusses the following cases in a short summary manner:

US v. Ochoa-Oregel. Decided 8/2/2018.

Conviction of unlawful re-entry into the US was reversed for a green card holder because the findings of previous entries were obtained in a way that was “fundamentally unfair” and violated his due process. The Ninth Circuit reversed his conviction.

City and County of San Francisco v. Trump. Decided 8/1/2018.

President Trump’s executive order withholding federal grants from “sanctuary cities” was ruled unconstitutional.

Fan v. Attorney General. Decided 8/1/2018. (Third Circuit).

Man was not found to have committed a “aggravated felony” after engaging in a financial securities violation. The Third Circuit remanded the case to the Board of Immigration Appeals (BIA). Green card holder could not be removed on that basis.

Ortega v. Maricopa County. Decided 7/31/2018.

Ninth Circuit Court of Appeals orders Maricopa to cease racial profiling a second time. The County tried to justify noncompliance with the first order.

Guo v. Sessions. Decided 7/31/2018.

Applicant was entitled to a rebuttable presumption of persecution when seeking Asylum, which was remanded back to the Board of Immigration of Appeals (BIA) to apply the presumption. Facts established that applicant suffered past persecution based on his religious views back in his home country of China.

Frimmel Management LLC v. US. Decided 7/26/2018.

Ninth Circuit Court of Appeals decided that suppression of government evidence was proper.

Allen v. Milas. Decided 7/24/2018.

Discusses non-reviewability of consular opinions overseas. US military officer’s application for wife was not reviewable after it was denied.