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Name Category Published
Tyson v. Holder
Permanent resident who agreed to stipulated facts trial qualifies for discretionary relief from deportation despite repeal of such relief for drug convictions. 		Immigration Jan. 30, 2012
Oshodi v. Holder
BIA sufficiently complies with Ninth Circuit’s mandate on remand by considering REAL ID Act’s impact on requirement to provide corroborating evidence. 		Immigration Jan. 27, 2012
Meza-Vallejos v. Holder
Petitioner may file motion affecting request for voluntary departure on first business day following voluntary departure period where expiration date fell on Saturday. 		Immigration Jan. 23, 2012
U.S. v. Melendez-Castro
Deportation may have been invalid where defendant was told that applying for voluntary departure would be futile because of his criminal record. 		Immigration Jan. 19, 2012
Chettiar v. Holder
CIS does not lose jurisdiction over petition to remove conditions on residence if it fails to adjudicate within 90 days of initial interview. 		Immigration Jan. 18, 2012
United States v. Arango
In denaturalization proceeding, summary judgment for government is improper where defendant presented evidence that INS entered into agreement permitting him to naturalize. 		Immigration Jan. 13, 2012
Romero-Mendoza v. Holder
Under Salvadoran law, alien fails to establish derivative citizenship due to his legitimation despite elimination of distinctions between legitimate and illegitimate children. 		Immigration Dec. 20, 2011
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year. 		Immigration Dec. 9, 2011
Pagayon v. Holder
Alien’s admission of removability at pleading stage, if accepted by immigration judge, establishes removability. 		Immigration Dec. 9, 2011
Kwong v. Holder
First-degree burglary conviction under California law is crime of violence subjecting defendant to removal, and is sufficiently established by state court's abstract of judgment. 		Immigration Dec. 8, 2011
Castro-Martinez v. Holder
Petitioner fails to demonstrate ‘past persecution’ for purposes of asylum based on childhood sexual abuse because private actors inflicted attack. 		Immigration Dec. 6, 2011
Carrillo de Palacios v. Holder
Exception to inadmissibility, which allows aliens to seek readmission after 10 years since last departure, does not apply if alien fails to remain outside U.S. for over 10 years. 		Immigration Dec. 2, 2011
Lezama-Garcia v. Holder
Applicant for adjustment of status under Section 202 of Nicaraguan Adjustment and Central American Relief Act does not abandon application by unintentionally crossing border. 		Immigration Dec. 1, 2011
Perez-Mejia v. Holder
Government is relieved of burden of offering further evidence to prove removability because alien admitted conviction and conceded removability at pleading stage. 		Immigration Nov. 25, 2011
Lopez-Cardona v. Holder
Residential burglary is particularly serious crime with substantial risk of physical force, making alien ineligible for withholding of removal. 		Immigration Nov. 21, 2011
Gutierrez v. Holder
Immigration Judge is not limited to immediate present, but reasonable period of time, in assessing applicant’s good moral character for purposes of granting registry. 		Immigration Nov. 8, 2011
Mirmehdi v. United States
Alien’s ‘Bivens’ claim alleging unlawful detention fails because adequate alternative remedies existed and immigration context implicated foreign policy. 		Immigration Nov. 4, 2011
Garcia v. Holder
Petitioner’s parole as Special Immigrant Juvenile qualifies as ‘admission in any status’ for purposes of eligibility for cancellation of removal. 		Immigration Nov. 3, 2011
Gonzales v. U.S. Dept. of Homeland Security
Appellate court ruling, which held that applicants could not adjust status because they were ineligible to receive Form I-212 waivers, applies retroactively. 		Immigration Oct. 26, 2011
Arsdi v. Holder
Alien fails to exhaust administrative remedies in challenging IJ’s ruling that crime was 'particularly serious' where he only raised general allegations in appeal to BIA. 		Immigration Oct. 25, 2011
Meza-Vallejos v. Holder
Petitioner may file motion affecting request for voluntary departure on first business day following voluntary departure period where expiration date fell on Saturday. 		Immigration Oct. 11, 2011
Jiang v. Holder
Immigration judge errs in refusing to allow alien to authenticate foreign documents through his own testimony to prove unmarried status. 		Immigration Sep. 26, 2011
Haile v. Holder
Alien is eligible for deferral removal despite terrorist involvement where alien demonstrated likelihood of torture by government if returned to country of citizenship. 		Immigration Sep. 26, 2011
Cole v. Holder
Denial of application for relief under Convention Against Torture is improper because BIA failed to give reasoned consideration to potentially dispositive expert testimony. 		Immigration Sep. 22, 2011
Luna v. Holder
Petitioner fails to show due diligence in discovering deadline for filing special motion to reopen and thus, is not entitled to equitable tolling of deadline. 		Immigration Sep. 19, 2011
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year. 		Immigration Sep. 15, 2011
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony. 		Immigration Sep. 13, 2011
Santiago-Rodriguez v. Holder
Attorney’s admission of allegations on behalf of alien in removal proceedings is egregious circumstance where admission is not probative of truth of allegation. 		Immigration Sep. 12, 2011
Singh v. Holder
Delay in filing of asylum application is reasonable where filing occurred within six months of lawful nonimmigrant status expiration, and in light of government’s delay. 		Immigration Sep. 9, 2011
U.S. v. Cisneros-Resendiz
Failure to advise alien of right to withdraw application for admission is not fundamentally unfair where alien failed to establish factors directly relating to inadmissibility. 		Immigration Sep. 7, 2011
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