asylum
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10th Circuit clarifies when hardship to child can halt parent’s deportation
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The Denver-based federal appeals court clarified on Monday that immigration judges, when deciding whether to halt a person’s deportation because of hardship to their child, should consider whether the child meets the age threshold at the time of the decision, even if a significant delay means they are no longer a legal “child.” The U.S.…
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10th Circuit rejects immigration appeal of man fearful of forced enlistment into Russian war against Ukraine
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The federal appeals court based in Denver rejected an appeal on Wednesday from a citizen of Russia and Georgia who fled to the U.S. rather than join Russia’s military invasion of Ukraine. Although the U.S. Court of Appeals for the 10th Circuit had not previously addressed an immigration appeal containing similar circumstances, a three-judge panel…
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10th Circuit: 60 days means 60 days to voluntarily deport
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If a noncitizen has 60 days to leave the country or else ask for review of his immigration case, there is no grace period if the final day falls on a weekend, the federal appeals court based in Denver ruled last month. Addressing an issue that had only surfaced in one other appellate court, the…
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10th Circuit judges urge full-court consideration of immigration issue, while siding with man’s torture claims
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The Denver-based federal appeals court has agreed a Colorado immigration judge was wrong when he concluded Costa Rican police officers who abducted and raped a man, while wearing their uniforms and using their police car, were not actually acting in their government roles. Consequently, a three-judge panel of the U.S. Court of Appeals for the…
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By 2-1, 10th Circuit finds government wrongly denied asylum application of man threatened by cartel
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Immigration authorities wrongly denied the asylum application of a man who assisted law enforcement in the United States only to be threatened by cartel members upon his deportation to Mexico, the federal appeals court based in Denver ruled on Monday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit decided, 2-1,…
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Judge declines to intervene in case of ex-child soldier detained in Aurora for 469 days
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A federal judge has declined to take immediate action in the case of a man housed at Aurora’s privately-run immigrant detention center who claims his 469 days in custody without a bond hearing is constitutionally unreasonable. Attorneys for Abdulai Barrie filed a petition on Aug. 10 alleging the government had not followed its own procedures…
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10th Circuit splits 2-1 on whether to order review of man’s torture claim
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Even though the federal appeals court based in Denver acknowledged an immigration judge in Colorado made a mistake when finding a Mexican citizen could avoid torture simply by moving elsewhere, it declined to overturn a deportation order by a 2-1 decision on Monday. Carlos E. Lockwood Alvarez asked the U.S. Court of Appeals for the…
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Federal judge refuses to send Colorado Springs man’s lawsuit alleging ICE brutality to Louisiana
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A federal judge in Colorado rebuffed the government’s request to transfer a Colorado Springs man’s lawsuit to Louisiana, in which he alleges immigration officers physically assaulted and infected him with COVID-19 during his detention. Acheleke Fuanya, an asylum seeker from Cameroon, left the Winn Correctional Center in March 2021 and sued the U.S. government for…
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10th Circuit decides government erred in finding no persecution threat to trans woman
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The federal appeals court based in Denver has ordered immigration authorities to reconsider the asylum application of a transgender Honduran woman, deciding by 2-1 that it was clear she would face persecution if deported to her country of birth. An immigration judge previously found there to be no systemic or pervasive violence against transgender Hondurans,…
