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Soto Alvarado v. Garland (D.R.I. July 17, 2023)
In this case a VAWA eligible abused immigrant spouse filed a self-petition and remarried year and a half after filing but before her self-petition case was approved and USCIS revoked her self-petition that USCIS had previously approved. Amici won a motion to reopen the District Court’s denial of the self-petitioner’s case and the trial will…
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SIJS Decision In Re: 12890448 (AAO Sep. 14, 2021)
AAO non precedent decision granting SIJS child who was abandoned and neglected by her father who did not support her and who was residing with her non-abusive mother in Texas at the time of the state court order. Where the Texas court applied Texas child welfare laws to deny the father access to the child…
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SIJS Decision In Re: 13258676 (AAO Nov. 24, 2021)
Non-precedent decision for the USCIS AAO granting SIJS to an over 18 year old minor in Texas where the state court had continuing jurisdiction to issue SIJS findings because the state court retained jurisdiction under Texas law in a case in which an abusive mother was ordered to pay child support and under state law…
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Smith v. US (Inter-Am. Comm’n H.R. July 12, 2010)
The Inter-American Commission on Human Rights found that the United States violated Wayne Smith and Hugo Armendariz’s rights under Articles V, VI, VII, XVIII, and XXIV of the American Declaration by failing to provide an individualized balancing test in their removal proceedings (July 12, 2010).
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Senjab v. Alhulaibi (Nev. Oct. 21, 2021)
In the case of Senjab v. Alhulaibi the Nevada Supreme Court held that Nevada’s divorce-jurisdiction statute requires only mere residence—defined as physical presence in the state (including of a non citizen) for at least six weeks—not domicile (intent to remain) to establish subject-matter jurisdiction under NRS 125.020.
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Saul H v. Rivas (Cal. Aug. 15, 2022)
On August 15, 2022, the California Supreme Court published its opinion on In re Guardianship of Saul H in which that Court overturned a state court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect…
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Rivera v. NIBCO, Inc. (9th Cir. Apr. 13, 2004)
In this case, the Magistrate judge entered protective order precluding the employer from using the discovery process to inquire into the plaintiffs’ immigration status, and the employer sought reconsideration. The United States District Court for the Eastern District of California denied reconsideration, and the employer brought an interlocutory appeal.
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Rodriguez-Tornes v. Garland (9th Cir. Apr. 5, 2021)
The 9th Circuit Court of Appeals ruled that Rodriguez-Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. Maria Luisa Rodriguez Tornes didn’t have to show that her feminist opinions…
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Romero v. Perez (Md. Ct. App. Apr. 1, 2019)
Maryland Court of Appeals ruling on SIJS addressing when courts enter conclusions of law that reunification with a parent who subjected the child to abuse, abandonment or neglect was not viable. Trial courts must apply Maryland law definitions of abuse, neglect and abandonment and must look at whether reunification would be unworkable. The higher exacting…
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S.M & M.M. v. E.M.B.R. (Mo. Jan. 25, 2011)
E.M.B.R. (mother) appeals a judgment terminating her parental rights to her son, C.M.B.R. (child), and granting M.M. and S.M.’s petition to adopt the child because the trial court found she willfully abandoned him. Mother claimed that the termination and adoption proceedings were improper for a multitude of reasons, and that her due process rights were…
National Immigrant Women's Advocacy Project