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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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