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Name Category Published
L.A. Closeout Inc. v. Dept. of Homeland Security
Agency properly denies adjustment application based on internal memorandum showing specialty occupation worker did not 'maintain' status after tourist visa expired. 		Immigration Jan. 22, 2008
Kalouma v. Gonzales
Immigration judge errs by incorrectly placing burden on asylum applicant to establish his identity under Illegal Immigration Reform and Immigrant Responsibility Act. 		Immigration Jan. 16, 2008
Arreguin-Moreno v. Mukasey
For purposes of 8 U.S.C. Section 1101, pre-trial detention that is credited as time served for sentence imposed, counts as confinement. 		Immigration Jan. 15, 2008
Cerezo v. Mukasey
Leaving scene of accident resulting in bodily injury is not categorically crime involving moral turpitude for purposes of removal. 		Immigration Jan. 15, 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 Jan. 8, 2008
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. 		Immigration Jan. 7, 2008
Estrada-Rodriguez v. Mukasey
Conviction for resisting arrest is ‘crime of violence,’ which qualifies as aggravated felony sufficient to justify alien’s removal. 		Immigration Dec. 31, 2007
Arteaga v. Mukasey
Fear of persecution for gang membership in Petitioner's native country, does not qualify him for withholding of removal as member of 'social group.' 		Immigration Dec. 28, 2007
Iasu v. Smith
Where petitioner claims American citizenship, REAL ID Act deprives district court of jurisdiction over his challenge to removal order. 		Immigration Dec. 19, 2007
Toufighi v. Mukasey
BIA has broad discretion when ruling on motion to reopen, but must show proper consideration of all favorable and unfavorable factors. 		Immigration Dec. 13, 2007
Rivera v. Mukasey
Asylum request is properly denied where petitioner's testimony showed lack of credibility. 		Immigration Dec. 9, 2007
Mendoza-Mazariegos v. Mukasey
When immigrant has engaged counsel who fails to appear, judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored. 		Immigration Dec. 6, 2007
Ramirez v. Mukasey
Inclusion of ‘qualifying crime’ in indictment or complaint is not predicate to alien’s eligibility for temporary ‘U’ nonimmigrant status. 		Immigration Dec. 4, 2007
Avila-Sanchez v. Mukasey
Alien deported under lawful removal order and illegally returns cannot dispute law when it undergoes change because final judgment withstands judicial change. 		Immigration Dec. 3, 2007
Gonzales v. Dept. of Homeland Security
Alien who is ineligible to apply for re-admission is not eligible to apply for adjustment of status under IIRIRA. 		Immigration Dec. 2, 2007
Chaly-Garcia v. U.S.
Guatemalan class member's asylum application satisfies written intent requirement to receive benefits under 'ABC Agreement.' 		Immigration Nov. 29, 2007
Vatyan v. Mukasey
Immigration judge erroneously requires certification of public document where asylum petitioner may seek to authenticate it through his own testimony. 		Immigration Nov. 27, 2007
Barragan-Lopez v. Mukasey
Permanent resident's conviction for solicitation to possess at least four pounds of marijuana for sale constitutes crime involving moral turpitude justifying removal. 		Immigration Nov. 25, 2007
Grigoryan v. Keisler
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 Nov. 19, 2007
Sissoko v. Rocha
Court lacks jurisdiction to hear false arrest claim by alien detained, but not removed, under expedited removal provisions who had habeas remedy available. 		Immigration Nov. 15, 2007
Hanna v. Keisler
Fall of Ba’ath party in Iraq is insufficient to remove alien’s fear of future persecution or foreclose his petition for withholding of removal. 		Immigration Nov. 5, 2007
Rebilas v. Keisler
Immigrant convicted of attempted public sexual indecency is not removable where conduct falls outside federal definition of attempted sexual abuse of minor. 		Immigration Nov. 4, 2007
Jordison v. Keisler
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. 		Immigration Oct. 30, 2007
U.S. v. Salazar-Lopez
Failure to allege temporal relationship between alien's removal and prior conviction in indictment is harmless where overwhelming evidence supported enhancement. 		Immigration Oct. 24, 2007
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. 		Immigration Oct. 22, 2007
Ahmed v. Keisler
Bihari dissident who shows persecution based on political opinion and membership in disfavored group is entitled to asylum and withholding of removal. 		Immigration Oct. 16, 2007
Martinez-Merino v. Keisler
Petitioner may not attack reinstatement of removal order by attempting to show he had received inadequate notice of his rights during underlying removal proceeding. 		Immigration Oct. 10, 2007
Quintero-Salazar v. Keisler
Petitioner is erroneously found to be removable where his state conviction is not categorically crime involving moral turpitude under immigration law. 		Immigration Oct. 9, 2007
Cornejo v. County of San Diego
Vienna Convention Article 36 requires 'state' to contact consular official but creates no judicially enforceable right for foreign national under Section 1983. 		Immigration Sep. 24, 2007
Melendez v. Gonzales
Alien previously granted pretrial diversion under state rehabilitation scheme cannot receive adjustment of status as 'first time offender' following subsequent drug conviction. 		Immigration Sep. 19, 2007
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