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Name Category Published
Silaya v. Mukasey
Philippine native subjected to past persecution on account of imputed political opinion is eligible for asylum. 		Immigration May 7, 2008
Martinez-Merino v. Mukasey
Alien who suffers no prejudice after returning illegally cannot attack reinstatement order by reopening removal order based on procedural defect. 		Immigration May 6, 2008
Fakhry v. Mukasey
Immigration judge erred in denying petitioner's application for asylum based on 'changed circumstances' exception to one-year bar on filing asylum claims. 		Immigration May 6, 2008
Chen v. Mukasey
Court defers to decision to deny asylum to alien who does not qualify under 8 U.S.C. Section 1229a(c)(7). 		Immigration May 5, 2008
Hernandez v. Mukasey
Reliance upon advice of non-attorney cannot form basis of claim for ineffective assistance of counsel in removal proceeding. 		Immigration May 1, 2008
Alali-Amin v. Mukasey
Immigration judge correctly concluded that petitioner's motion to reopen removal proceedings was untimely. 		Immigration Apr. 29, 2008
Ortiz-Magana v. Mukasey
Conviction under Penal Code Section 245(a)(1) for being accomplice or principal both constitute ‘aggravated felonies’ for immigration purposes, subjecting petitioner to removal. 		Immigration Apr. 29, 2008
Villegas v. Mukasey
Relief under 'Convention Against Torture' is denied where conditions in Mexican mental institution do not amount to torture. 		Immigration Apr. 24, 2008
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101. 		Immigration Apr. 23, 2008
Gutierrez v. Mukasey
Petitioner's departure to Mexico interrupts his accrual of continuous physical presence for purposes of cancellation of removal. 		Immigration Apr. 3, 2008
Sanchez v. Mukasey
Family unity waiver applies to cancellation of removal when smuggled alien is applicant's spouse, parent, son, or daughter. 		Immigration Apr. 3, 2008
Momeni v. Chertoff
Under Visa Waiver Program, unless applying for asylum, tourist may not contest deportation even if he filed application for adjustment of status. 		Immigration Apr. 1, 2008
Silah v. Mukasey
Court lacks jurisdiction to review denial of asylum application where person petitioning to withhold removal cannot establish arrival date or continued persecution. 		Immigration Mar. 28, 2008
Orozco v. Mukasey
Alien who enters country by fraudulent means is statutorily ineligible for adjustment of status. 		Immigration Mar. 26, 2008
Fernandez v. Mukasey
Eligibility for cancellation of removal requires applicant to establish removal would result in exceptional and extremely unusual hardship to alien's child. 		Immigration Mar. 26, 2008
Huang v. Mukasey
Case remanded to determine whether petitioners failed to prove past or well-founded fear of future persecution. 		Immigration Mar. 25, 2008
Manta v. Chertoff
International treaty does not require Greek government to submit depositions as competent evidence supporting foreign petitioner's extradition for fraud. 		Immigration Mar. 12, 2008
Mustanich v. Mukasey
Citizenship cannot be conferred by estoppel where statutory requirements for naturalization have not been satisfied. 		Immigration Mar. 12, 2008
Lemus-Galvan v. Mukasey
Court has jurisdiction to review denials of deferral of removal under Convention Against Torture because such decisions are based on merits. 		Immigration Mar. 12, 2008
Al-Mousa v. Mukasey
On remand, BIA must consider whether asylum applicant under 21 years of age is minor, excusing his failure to exhaust claim. 		Immigration Mar. 6, 2008
Shin v. Mukasey
Government cannot be held responsible for felonious and unauthorized issuance of residency documentation by 'thieving' employee. 		Immigration Mar. 5, 2008
Hong v. Mukasey
Evidence of petitioner’s fraudulently obtained permanent alien status was properly admitted at removal proceedings because petitioner had no protected interest in information. 		Immigration Mar. 5, 2008
Navarro v. Mukasey
Petitioners fall within settlement class where date on which immigration judge scheduled hearing fall within prescribed time frame. 		Immigration Mar. 5, 2008
Blanco v. Mukasey
Cancellation of removal matter is remanded in case where false identification to peace officer is not crime involving moral turpitude. 		Immigration Mar. 4, 2008
Kalilu v. Mukasey
Board of Immigration Appeals abuses discretion in denying petitioner's motion to reopen where he is eligible for adjustment based on valid marriage. 		Immigration Feb. 14, 2008
Perez v. Mukasey
Petitioner who arrives late for removal hearing while judge is still on bench need not show exceptional circumstances for failure to appear. 		Immigration Feb. 14, 2008
Grigoryan v. Mukasey
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance. 		Immigration Feb. 6, 2008
Morales v. Mukasey
Lawyer provides ineffective assistance to immigrant mother who met physical presence and exceptional hardship requirements for cancellation of removal. 		Immigration Jan. 25, 2008
Vizcarra-Ayala v. Mukasey
Defendant’s conviction for forgery under state law is not categorical offense ‘relating to forgery' under Immigration and Naturalization Act. 		Immigration Jan. 24, 2008
Perez v. Mukasey
Domestic violence or fourth degree assault is not categorically crime of violence for purposes of removal. 		Immigration Jan. 23, 2008
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