Boise, ID
Immigration Lawyer at Boise, ID
Practice Areas: Immigration
OUTCOME: Petition granted
Challenge to Board of Immigration of Appeals decision that an Idaho statute is an aggravated felony under the Immigration and Nationality Act such that he is statutorily ineligible to apply for cancell ... ation of removal. Argued 10-7-16. Petition granted and remanded.
OUTCOME: Pending
Direct appeal of Board of Immigration Appeal order affirming Immigration Judge denial of asylum, withholding of removal and protection against torture. Referred to mediation.
OUTCOME: Remand negotiated.
Direct appeal of Board of Immigration Appeal decision affirming Immigration Judge denial of asylum, withholding of removal and convention against torture protection; and denial of motion to reopen and ... remand due to ineffective assistance of trial counsel. Negotiated remand to the Board and subsequent negotiation to remand to Immigration Judge for a new hearing.
OUTCOME: Pending
Petition for review of Board of Immigration Appeals decision affirming decision of Immigration Judge denying cancellation of removal relief.
OUTCOME: Pending
Appeal of Board of Immigration Appeal decision affirming immigration judge denial of motion to reopen due to changed circumstances to seek asylum and other protection.
OUTCOME: Remand negotiated after successful Motion to Reopen at the Board of Immigration Appeals
Consolidated Motion to Remand to IJ for ineffective assistance rendered by trial counsel, consolidated with direct appeal on the merits of denied asylum and other forms of protection for Mexican nation ... al.
OUTCOME: Petition denied
Mr. Aquino-Mejico seeks review of the Board of Immigration Appeals decision denying his Motion to Reopen and Remand for the consideration of new evidence relevant to his claim to asylum.
OUTCOME: Petition Denied, Petition for Certiorari pending
This case presents the question of which statute governs the detention of a noncitizen in withholding of removal proceedings before an immigration judge (“IJ”) pursuant to 8 C.F.R. § 208.31(e)—specifi ... cally, whether their detention is governed by 8 U.S.C. § 1226, the statute authorizing the detention of a noncitizen in removal proceedings “pending a decision on whether the [noncitizen] is to be removed from the United States,” or by § 1231(a), the statute authorizing the detention of a noncitizen who has a final order of removal that has not yet been executed. The resolution of this question determines whether a noncitizen like Mr. Padilla may request an individualized custody hearing before an IJ during withholding of removal proceedings. The Ninth Circuit held that sec. 1231(a) govern's Mr. Padilla's custody, while Mr. Padilla argued that 1226 governs. Mr. Padilla has a pending petition to the U.S. Supreme Court requesting review of the case. Andrade Legal litigates the case with co-counsel, the Northwest Immigrant's Rights Project.
OUTCOME: Prevailed on Motion for Summary Judgment on First Amendment and Equal Protection
First amendment, animal rights, worker rights groups challenge Idaho state law criminalizing documentation of animal abuse as unconstitutional. Ninth Circuit affirmed the district court's grant of summ ... ary judgment with respect to § § 18-7042(1)(a) and (d) and reversed the district court's grant of summary judgment with respect to § § 18-7042(1)(b) and (c). The court directed that the permanent injunction should be modified accordingly.
OUTCOME: Remand negotiated after briefing
Mr. Cerezo-Perez is a lawful permanent resident arguing that the Board of Immigration Appeals erroneously affirmed an Immigration Judge determination that a conviction for petty theft under Oregon Revi ... sed Statutes section 164.045 is a crime of moral turpitude or a removable theft offense. Mr. Cerezo-Perez maintains that the statute is overbroad as to moral turpitude and theft, and that it is not divisible.
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