Immigration Case Updates Dec 2018 to Jan 2019

Assad Hafeez Esq. provides another immigration court case law update, summarizing several cases decided in immigration court

Assad Hafeez of Sacramento California discusses the following cases in this video:

US v. Sineng-Smith, 9th Cir., 12-4-18– overturning law as “overbroad” in regulating speech. It was targeting encouraging or inducing of aliens to stay in the US. It was a felony crime, but now overturned.

US v. Foster, 5th Cir., 12-12-18- Case was overturned because of lack of availability of witnesses from deposition. They were deported and thus not available for questioning, which violated the Constitutional right to Confrontation of one’s accusers.

Idris v. Whitaker, 9th Cir., 12-13-18– Ineffective assistance of counsel claim was rejected and was not subject of judicial review. This argument involves claiming a previous attorney did a poor job or made a mistake.

Gahagan v. USCIS, 5th Cir., 12-20-18- Attorney on own behalf, “pro se” cannot recover government fees when suing for recovery under the Freedom of Information Act (FOIA) law.

Cornejo-Villagrana v. Whitaker, 9th Cir., 12-27-18- Domestic violence charges and arrests, accusations, are problematic for green card resident holders.

Gotra v. Whitaker, 5th Cir., 1-4-19- Sikh man from India, his asylum requests were denied. Claimed persecution of his faith and political orientation.

US v. Torres, 9th Cir., 1-8-19– 2nd amendment defense failed for undocumented agreement raising this against a unlawful weapons possession charge. It failed, he did not have that right.

US v. Valencia-Mendoza, 9th Cir., 1-10-19- Reversed unlawful re-entry case.

US v. Arellano-Banuelos, 5th Cir., 1-14-19- Statements of admission were suppressed due to failure to warn of Miranda rights in a jail custody situation.

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