Attorney Maria Elena Andrade's Legal Cases

Immigration

Cerezo Perez v. Sessions, No. 17-3220 (9th Cir. Dec. 1, 2017)

Dec 01, 2017

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.

Immigration

R-S-C- vs. Lynch, 869 F.3d 1176 (10th Cir. 2917) Petition for Certiorari Denied

Sep 06, 2017

OUTCOME: Petition Denied

Court denied Petitioner's argument that notwithstanding her prior removal order, that she is eligible to apply for asylum. 10th Circuit opinion issued in September 2017. Petition for Certiorari denied ... May, 2018.

Immigration

Lozano-Arredondo v. Holder II, 866 F.3d 1082 (9th Cir. 2017)

Aug 08, 2017

OUTCOME: Successful! Petition Granted.

Challenge to Board of Immigration of Appeals finding that client is statutorily ineligible to apply for cancellation of removal based upon alleged Idaho petty theft conviction. Petitioner argued that ( ... 1) the crime involving moral turpitude deportation ground cannot be applied to him, because he has never been admitted to the US, thus deportation grounds don't apply, (2) that documents in record do not prove he has any conviction and (3) even if he has a conviction, it is not a CIMT.

Immigration

Rivera-Ferrer v. Sessions, No. 16-7323 (9th Cir. Nov. 14, 2016)

Nov 14, 2016

OUTCOME: Case Pending - all briefing complete in June 2018

Seeking review of Board of Immigration Appeals decision denying Mr. Rivera-Ferrer's motion to reopen a prior deportation order alleging ineffective assistance of counsel, assigning error to the BIA for ... failure to consider his arguments for sua sponte reopening, an incorrect application of controlling case law regarding equitable tolling, and the BIAs failure to recognize that it is bound to findings of fact and conclusions of law made by the District Court of Idaho.

Immigration

Lozano-Arredondo v. Sessions, 866 F.3d 1082 (9th Cir. 2017)

Oct 07, 2016

OUTCOME: Petition granted

Petition seeking review of Board of Immigration Appeals decision denying petitioner's claim that he was not precluded from seeking cancellation of removal relief because he was not convicted of an offe ... nse that is disqualifying and applying BIA case law that was not worthy of deference.

Criminal defense

Popoca-Garcia v. Idaho, 157 Idaho 150 (Id. App. 2014)

Aug 22, 2016

OUTCOME: Petition for Post Conviction Relief Denied

Lawful permanent resident sought to vacate plea agreement on basis that his trial counsel did not clearly and accurately advise him of the immigration consequences of pleading guilty.

Immigration

Cardenas v. United States, 826 F.3d 1164 (9th Cir. 2016)

Jun 21, 2016

OUTCOME: Petition Denied, Petition for Rehearing En Banc Denied

United States Citizen spouse of Mexican national challenges consular officer's decision that her husband is permanently inadmissible to the United States, seeking justification for decision alleging he ... has gang ties based upon tattoos. Petition denied. Petition for review en banc, denied.

Immigration

Vargas-Ortiz v. McCarthy, 14-CV-00393 (Dist. Idaho Feb. 22, 2016)

Feb 22, 2016

OUTCOME: Prevailed on Motion for Summary Judgment

Long term permanent resident sues U.S. Citizenship and Immigration Services for refusing to recognize her lawful status after over 15 years of doing so when agency discovers that they gave same alien f ... ile number to two different people.

Immigration

Mendez-Vargas v. Holder, 436 Fed.Appx. 733 (9th Cir. 2011)

Jan 01, 2011

OUTCOME: Petition Granted, Remanded with Instructions

Non-citizen files motion to reopen his removal cases so that he can apply for cancellation of removal with competent counsel. After 9th Circuit granted petition and remanded client won his cancellation ... case and now has his Lawful Permanent Resident card. Unpublished opinion with good tolling discussion.

Immigration

Arredondo v. Holder, 23 F.3d 1317 (9th Cir. 2010)

Jan 01, 2010

OUTCOME: Petition Granted, Remanded with Instructions

Non-citizen denied opportunity to apply for cancellation of removal seeks review of Board of Immigration Appeals decision; receives remand with instructions to BIA to engage in substantive analysis so ... court of appeals can review decision.

Maria Elena Andrade's Legal Cases (23)

Cerezo Perez v. Sessions, No. 17-3220 (9th Cir. Dec. 1, 2017)

R-S-C- vs. Lynch, 869 F.3d 1176 (10th Cir. 2917) Petition for Certiorari Denied

Lozano-Arredondo v. Holder II, 866 F.3d 1082 (9th Cir. 2017)

Rivera-Ferrer v. Sessions, No. 16-7323 (9th Cir. Nov. 14, 2016)

Lozano-Arredondo v. Sessions, 866 F.3d 1082 (9th Cir. 2017)

Popoca-Garcia v. Idaho, 157 Idaho 150 (Id. App. 2014)

Cardenas v. United States, 826 F.3d 1164 (9th Cir. 2016)

Vargas-Ortiz v. McCarthy, 14-CV-00393 (Dist. Idaho Feb. 22, 2016)

Mendez-Vargas v. Holder, 436 Fed.Appx. 733 (9th Cir. 2011)

Arredondo v. Holder, 23 F.3d 1317 (9th Cir. 2010)