Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-72412
|
Gallegos-Vasquez v. Holder
Illegal Immigration Reform and Immigration Responsibility Act does not apply retroactively to deny relief to aliens with settled expectation of relief under INA Section 212(c). |
Immigration |
|
Mar. 2, 2011 | |
08-72849
|
Lui 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 |
|
Feb. 24, 2011 | |
10-50096
|
U.S. v. Hernandez-Guerrero
Court properly calculates sentencing based on defendant’s illegal reentry date following deportation, rather than arrest date, as date crime commenced. |
Immigration |
|
Feb. 24, 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 |
|
Feb. 17, 2011 | |
10-70128
|
Lopez-Birrueta v. Holder
Parent of formerly abused children qualifies for cancellation of removal after demonstrating that children's father beat children while they lived together. |
Immigration |
|
Feb. 15, 2011 | |
06-73086
|
Hernandez-Mancilla v. Holder
Alien is ineligible for cancellation of removal where he had not maintained continuous presence in U.S. for 10 years and immigration procedures did not cause delay. |
Immigration |
|
Feb. 11, 2011 | |
05-77397
|
Malilia v. Holder
Immigration judge errs in denying petitioner’s request for continuance on ground of administrative delay where delay was not attributable to petitioner. |
Immigration |
|
Feb. 4, 2011 | |
08-10480
|
U.S. v. Rivera-Gomez
Resisting arrest conviction associated with defendant’s attempt to avoid detection of illegal reentry should be calculated as offense characteristic for sentencing purposes. |
Immigration |
|
Feb. 3, 2011 | |
04-76624
|
Sharma v. Holder
Petitioner is ineligible for asylum when persecution was not on account of his political views but to force his father from publishing his book. |
Immigration |
|
Feb. 2, 2011 | |
07-72316
|
Rangel-Zuazo v. Holder
Age of offender at time of offense does not play role in determining whether juvenile offender has 'conviction' for purposes of INA. |
Immigration |
|
Feb. 1, 2011 | |
07-70949
|
Young v. Holder
Petitioner’s guilty plea to overly-inclusive statute does not establish grounds for removability absent specific acts to prove conviction was for aggravated felony. |
Immigration |
|
Jan. 31, 2011 | |
07-74277
|
Mejia-Hernandez v. Holder
BIA's reversal of immigration judge’s sua sponte reopening of petitioner’s case is unreviewable in federal court for absence of sufficient standard. |
Immigration |
|
Jan. 28, 2011 | |
08-72516
|
Teposte v. Holder
Conviction for shooting at inhabited vehicle requires only reckless intent under California law, and is not categorically ‘crime of violence’ subjecting defendant to removal. |
Immigration |
|
Jan. 21, 2011 | |
06-73335
|
Viridiana v. Holder
Asylum application filed three months after deadline due to fraud by immigration consultant warrants statutory tolling of deadline. |
Immigration |
|
Jan. 20, 2011 | |
06-73365
|
Li v. Holder
Denial of asylum application due to adverse credibility finding is improperly based on perception of petitioner's ignorance of religious doctrine. |
Immigration |
|
Jan. 20, 2011 | |
10-70087
|
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 |
|
Jan. 4, 2011 | |
06-74213
|
Rizk v. Holder
Immigration judge’s adverse credibility determination is supported by petitioner’s inconsistent testimony and lack of evidence to show he was being persecuted. |
Immigration |
|
Jan. 3, 2011 | |
09-56089
|
Cabaccang v. United States Citizenship and Immigration Services
Court lacks jurisdiction to determine denial of immigrant status adjustment where removal proceedings are pending and decision is not final. |
Immigration |
|
Dec. 29, 2010 | |
03-73648
|
Ledezma-Galicia v. Holder
Alien convicted of sexually abusing 10-year-old girl before Nov. 18, 1988 is not removable as alien convicted of aggravated felony. |
Immigration |
|
Dec. 22, 2010 | |
06-71794
|
She v. Holder
Immigration judge fails to adequately describe finding of firm resettlement and why alien did not meet burden of proof. |
Immigration |
|
Dec. 14, 2010 | |
06-71848
|
Ocampo v. Holder
Removal order granting voluntary departure becomes final after Board of Immigration Appeals affirms determination, not after petitioner overstays departure period. |
Immigration |
|
Dec. 14, 2010 | |
05-70195
|
Tijani v. Holder
Credit card fraud in violation of California Penal Code Section 532a(1) constitutes crime of moral turpitude, which makes alien removable. |
Immigration |
|
Dec. 6, 2010 | |
08-10480
|
U.S. v. Rivera-Gomez
Resisting arrest conviction associated with defendant’s attempt to avoid detection of illegal reentry should be calculated as offense characteristic for sentencing purposes. |
Immigration |
|
Dec. 6, 2010 | |
06-71565
|
Javhlan v. Holder
Petitioner is entitled to asylum where evidence is presented of repeated and ongoing threats of serious harm in country of origin. |
Immigration |
|
Dec. 5, 2010 | |
09-71987
|
Dent v. Holder
Aliens have due process rights in deportation proceedings, including access to all documents not considered confidential pertaining to admission or presence in U.S. |
Immigration |
|
Nov. 9, 2010 | |
05-75210
|
Saavedra-Figueroa v. Holder
Misdemeanor false imprisonment conviction is not crime of moral turpitude subjecting defendant to removability where intent was not base, vile, or depraved. |
Immigration |
|
Nov. 7, 2010 | |
08-73835
|
Arredondo v. Holder
BIA fails to engage in substantive analysis of decision to dismiss appeal and decline to affirm denial of application for cancellation of removal. |
Immigration |
|
Nov. 2, 2010 | |
06-72510
|
Valadez-Munoz v. Holder
Alien is removable where continuity of domicile is broken by alien’s choice to return to native country in lieu of immigration proceedings. |
Immigration |
|
Oct. 28, 2010 | |
06-72865
|
Mendoza v. Holder
Robbery under California Penal Code Section 211 is crime involving moral turpitude for purposes of Immigration and Nationality Act. |
Immigration |
|
Oct. 27, 2010 | |
08-72516
|
Teposte v. Holder
Conviction for shooting at inhabited vehicle requires only reckless intent under California law, and is not categorically ‘crime of violence’ subjecting defendant to removal. |
Immigration |
|
Oct. 26, 2010 |