News

Case Summaries

Immigration Law

[05/31] Watson v. Holder
In a petition for review of an order of the BIA affirming a determination that the petitioner was not legitimated pursuant to 8 U.S.C. section 1431(a), petition is granted and remanded with requests for: 1) clarification on precisely how the BIA interprets the concept of legitimation as it is used in section 1101(c)(1); and 2) justification for how the BIA arrived at that particular interpretation.

[05/27] Freire v. Holder
In a petition for review of a judgment of the BIA denying petitioner's request for a continuance while petitioner, a native and citizen of Brazil, sought adjustment of his status before the USCIS, petition is granted where denial of request on the basis that the BIA lacked the authority to grant the continuance constitutes legal error.

[05/26] Chamber of Commerce of United States of America v. Whiting
In a federal pre-enforcement suit challenging the Legal Arizona Workers Act, which, in certain circumstances, revoke the licenses of state employers that knowingly or intentionally employ unauthorized aliens and requires all Arizona employers to use E-Verify, judgment of the appeals court is affirmed where the plain language of the Immigration Reform and Control Act's (IRCA) preemption clause did not invalidate Arizona's law because the law did no more than impose licensing conditions on businesses operating within the State; nor was the state law preempted with respect to E-Verify because although Congress made the program voluntary at the national level, it expressed no intent to prevent States from mandating participation.

[05/24] Salem v. Holder
In a petition for review of a judgment of the BIA affirming an administrative order of removal under INA section 237(a)(2)(A)(ii), order of the BIA is affirmed where petitioner, a stateless Palestinian with a lengthy career criminal record, failed to satisfy his statutorily prescribed burden of demonstrating eligibility for cancellation of removal.

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Insurance Law

[05/26] Meyer v. CUNA Mutual Insurance Society
In a class-action dispute involving the proper interpretation of a credit disability insurance policy, judgment of the district court is affirmed in part and reversed in part where district court properly granted summary judgment with respect to the interpretation of the policy’s use of the phrase Total Disability, but erred in its order of a Permanent Injunction and Final Judgment.

[05/24] Doan v. State Farm Gen. Ins.
In a class-action dispute concerning the proper interpretation of Insurance Code section 2071, judgment of the trial court dismissing complaint upon defendant's demurrer is reversed in part and affirmed in part where trial court had discretion to defer an appraisal pending a judicial declaration of the parties’ rights under insurance policies and statutes

[05/19] Blatchford v. The Alaska Native Tribal Health Consortium
In a dispute involving the enforcement of a Notice of Federal Health Services Lien, 25 U.S.C. section1621e, to recoup the cost of treating plaintiff at defendant's medical facility, summary judgment in favor of defendant is reversed where 25 U.S.C. section 1621e does not apply.

[05/18] In re. Marriage of Valli
In a marital dissolution proceeding, judgment of the trial court awarding petitioner $3.75 million from an insurance policy issued on petitioner's life and purchased by adverse spouse during marriage is reversed, because on the facts of the dispute, the policy is separate property under the form of title presumption.

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