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Edu v. Holder
Petitioner does not have to give up political activity to avoid torture and obtain deferral of removal.
Immigration Oct. 26, 2010
Cortez-Guillen v. Holder
State coercion offense is not federal ‘crime of violence’ under categorical approach where threat may be nonviolent to support conviction.
Immigration Oct. 5, 2010
U.S. v. Ramos
Removal through stipulated removal program violates due process where waiver of rights was not adequately explained.
Immigration Sep. 27, 2010
Saval v. Holder
Derivative applicant spouse on deceased spouse's asylum application is not entitled to relief where adverse credibility finding as to deceased spouse was supported.
Immigration Sep. 24, 2010
Vukmirovic v. Holder
Exceptional circumstances exist to warrant rescission of in absentia deportation order where alien's asylum application had not been decided after two decades.
Immigration Sep. 9, 2010
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 Sep. 3, 2010
Camacho-Cruz v. Holder
Conviction for assault with deadly weapon under Nevada Revised Statutes Section 200.471 constitutes 'crime of violence,' which makes alien removable.
Immigration Sep. 3, 2010
Arenas De Garcia v. Holder
Court has jurisdiction to review denial by BIA where evidence to reopen is ‘different in kind’ than evidence presented at immigration hearing.
Immigration Sep. 2, 2010
Zetino v. Holder
Petitioner’s due process rights are not violated where Board of Immigration Appeals determines brief was untimely.
Immigration Sep. 1, 2010
Zetino v. Holder
Court lacks jurisdiction to review discretionary decision of BIA without sufficiently meaningful standard to determine abuse of discretion.
Immigration Aug. 31, 2010
Kamalyan v. Holder
Government fails to show that fundamental change in Armenia's treatment of Jehovah’s Witnesses dispelled asylum applicant’s well-founded fear of future persecution.
Immigration Aug. 26, 2010
Daas v. Holder
Conviction for distributing chemicals with cause to believe they will be used to make methamphetamine constitutes aggravated felony.
Immigration Aug. 25, 2010
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 Aug. 24, 2010
Rodriguez v. Holder
Alien is ineligible for personal use exception where his conviction for possession of concentrated cannabis was not his only controlled substance offense.
Immigration Aug. 24, 2010
Fernandes v. Holder
Denial of asylum application is proper upon finding applicant is not credible and fabricated entire claim of religious persecution.
Immigration Aug. 23, 2010
Singh v. Clinton
Notice of eligibility for immigrant visa must be sent directly to eligible alien, not third party, as prerequisite for termination of registration.
Immigration Aug. 23, 2010
Ruiz-Diaz v. United States
Regulation properly provides that beneficiaries of special immigrant religious worker visa petitions may apply for adjustment of status only after visa petition approval.
Immigration Aug. 23, 2010
Khadka v. Holder
Adverse credibility finding based on belief that alien created document to support asylum application does not automatically give rise to frivolousness finding.
Immigration Aug. 19, 2010
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 Aug. 13, 2010
Yepremyan v. Holder
Petition for review of BIA's decision is timely because day after Thanksgiving is not included in calculation of time period for filing.
Immigration Aug. 11, 2010
Kawashima v. Holder
BIA must determine type of evidence in determining loss before finding act of assisting in false tax returns is aggravated felony.
Immigration Aug. 5, 2010
Truong v. Holder
Family of sergeant who fought in US-backed South Vietnamese army fails to establish that past persecution occurred when living as refugees in Italy.
Immigration Jul. 28, 2010
Afriyie v. Holder
Board of Immigration Appeals erroneously finds Ghanaian police are not unable or unwilling to control forces of persecution against Baptist preacher.
Immigration Jul. 27, 2010
Rahimzadeh v. Holder
Withholding of removal is properly denied where applicant fails to report abuse to officials to demonstrate government is unable to control abuse.
Immigration Jul. 27, 2010
Toj-Culpatan v. Holder
Language barrier and time in detention are not 'extraordinary circumstances' excusing asylum applicant's failure to petition within one year of entry.
Immigration Jul. 23, 2010
Vega v. Holder
Petitioner must move to reopen within 90 days of BIA's initial merits determination, rather than denial of motion to reconsider.
Immigration Jul. 20, 2010
Hernandez-Velasquez v. Holder
BIA fails to consider 'weight and consequences' of declaration and 'change of address' form before denying motion to reopen proceedings.
Immigration Jul. 15, 2010
Banuelos-Ayon v. Holder
Conviction for corporal injury to spouse under California Penal Code constitutes federal crime of violence subjecting defendant to removability.
Immigration Jul. 15, 2010
Jiang v. Holder
Boyfriend of girl who underwent forcible abortion is eligible for removability relief due to persecution by China’s coercive population control.
Immigration Jul. 15, 2010
Perdomo v. Holder
Women of Guatemala may constitute ‘particular social group’ and given refugee status based on high murder rate.
Immigration Jul. 13, 2010