Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-71868
|
Ayala v. Holder
Former military officer must show persecution based on membership in group, not individual threat based on particular incident, to establish asylum eligibility. |
Immigration |
|
May 20, 2011 | |
09-72954
|
Hoang v. Holder
State misdemeanor conviction for rendering criminal assistance is not crime related to obstruction of justice constituting aggravated felony. |
Immigration |
|
May 18, 2011 | |
09-17495
|
Leonardo v. Crawford
Petitioner alleging prolonged immigration detention must exhaust administrative remedies by appealing to BIA following ‘Casas’ hearing, before seeking habeas review. |
Immigration |
|
May 16, 2011 | |
07-71988
|
Pannu v. Holder
BIA must reconsider whether failure to register as sex offender constitutes crime of moral turpitude under definition including scienter. |
Immigration |
|
May 12, 2011 | |
05-73517
|
Galindo-Romero v. Holder
Appellate court lacks jurisdiction to review cancellation of removal if neither BIA nor Immigration Judge ever issued final order of removal. |
Immigration |
|
May 10, 2011 | |
06-75258
|
Zheng v. Holder
Board of Immigration Appeals abuses its discretion when it fails to consider petitioner’s value and service to community in deciding relief for removability. |
Immigration |
|
May 9, 2011 | |
06-71575
|
Go v. Holder
Petitioner’s claim under Convention Against Torture fails because lack of harm to co-defendant in criminal prosecution undercut his fear of harm. |
Immigration |
|
May 6, 2011 | |
07-71198
|
Paulo v. Holder
Immigration judge is precluded from determining petitioner is ineligible for relief under Immigration and Nationality Act where district court previously determined eligibility. |
Immigration |
|
May 5, 2011 | |
08-72849
|
Liu v. Holder
Adverse credibility finding based on date discrepancy and failure to mention element central to asylum claim does not necessarily support frivolous finding. |
Immigration |
|
May 4, 2011 | |
05-70722
|
Singh v. Holder
Asylum application is properly denied when basis of petitioner’s asylum claim was based on admitted falsehoods, supporting adverse credibility determination. |
Immigration |
|
May 4, 2011 | |
07-72340
|
Zamanov v. Holder
Additional incidents described in supplemental declaration materially alter asylum applicant's account of persecution, casting doubt on credibility. |
Immigration |
|
May 2, 2011 | |
07-70118
|
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 |
|
Apr. 21, 2011 | |
07-16988
|
Singh v. Napolitano
Petitioner seeking habeas relief must bring issue of ineffective assistance of counsel to Board of Immigration Appeals to exhaust administrative remedies. |
Immigration |
|
Apr. 18, 2011 | |
08-70343
|
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 |
|
Apr. 17, 2011 | |
09-72603
|
Garfias-Rodriguez v. Holder
Recidivists who enter U.S. multiple times without inspection are ineligible for adjustment of status even under limited exemption from general rule. |
Immigration |
|
Apr. 11, 2011 | |
08-74452
|
Reyes-Torres v. Holder
BIA errs in dismissing motion to reopen filed after petitioner had been removed because ‘departure bar’ does not preclude review. |
Immigration |
|
Apr. 7, 2011 | |
10-70913
|
Gonzalez-Medina v. Holder
Asylum application is denied because one-year filing deadline does not violate Equal Protection and domestic abuse in U.S. is not ‘past persecution.’ |
Immigration |
|
Apr. 7, 2011 | |
05-75936
|
Vukmirovic v. Holder
'Exceptional circumstances' safe harbor for alien removed in absentia does not apply where he failed to inform government about address change. |
Immigration |
|
Apr. 6, 2011 | |
08-71618
|
Vahora v. Holder
Alien demonstrates 'changed circumstances' sufficient to excuse late filing of asylum application although he had experienced violence prior to his entry. |
Immigration |
|
Apr. 5, 2011 | |
09-71636
|
Leiva-Perez v. Holder
Stay of removal is proper where petitioner shows irreparable harm would be probable upon removal and strong likelihood of success on merits of his petition. |
Immigration |
|
Apr. 3, 2011 | |
09-72766
|
Jimenez-Juarez v. Holder
Petitioner is deportable based on state felony conviction for child molestation in third degree, which constitutes crime of child abuse. |
Immigration |
|
Mar. 31, 2011 | |
10-15715
|
Singh v. Holder
Government must prove by clear and convincing evidence that continued detention of alien is justified at bond hearing. |
Immigration |
|
Mar. 31, 2011 | |
09-73682
|
Saucedo-Arevalo v. Holder
For purposes of cancellation of removal, petitioner must satisfy 10-year continuous physical presence requirement and cannot impute physical presence of mother. |
Immigration |
|
Mar. 30, 2011 | |
06-74547
|
Singh v. Holder
Spouse’s lie to immigration authorities is sufficient basis for adverse credibility finding, which is attributable to both spouses. |
Immigration |
|
Mar. 28, 2011 | |
09-70136
|
Abufayad v. Holder
Visa holder is inadmissible for being likely to engage in terrorist activity based on jihadist materials on computer, connections, and background. |
Immigration |
|
Mar. 28, 2011 | |
08-71636
|
Pascua v. Holder
Petitioner may seek discretionary relief from deportation pursuant to statute that was later repealed because deportation proceeding began before passage of new statute. |
Immigration |
|
Mar. 24, 2011 | |
09-70107
|
Bingham v. Holder
Alien admitted under terms of Visa Waiver Program may not challenge action for removal where alien knowingly waived his right to contest removal upon entry. |
Immigration |
|
Mar. 24, 2011 | |
07-71195
|
Ali v. Holder
Government must make individualized determination of how changed country conditions impacted alien’s specific harms to rebut presumption of fear of future persecution. |
Immigration |
|
Mar. 21, 2011 | |
06-75778
|
Martinez-Medina v. Holder
Local deputy sheriff does not egregiously violate Fourth Amendment rights by detaining Mexican nationals who offer information of their illegal presence. |
Immigration |
|
Mar. 14, 2011 | |
09-56774
|
Diouf v. Napolitano
Alien subject to prolonged detention while challenging removal order is entitled to bond hearing to determine dangerousness or flight risk justifying detention. |
Immigration |
|
Mar. 8, 2011 |