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U.S. v. Olmos-Esparza
No time limit applies on prior convictions under Sentencing Guidelines Section 2L1.2 for purposes of sentence enhancements.
Immigration Apr. 27, 2007
People v. Castro-Vasquez
Where defendant was not given adequate advisement of immigration consequences of guilty plea, court erroneously denies motion to vacate plea.
Immigration Mar. 26, 2007
U.S. v. Latu
Conviction for illegal possession of firearm is proper where filing of application for adjustment of status did not legalize defendant's presence.
Immigration Mar. 23, 2007
Ochoa-Amaya v. Gonzales
Period between filing of visa petition and its approval was properly deducted from alien's age to determine his eligibility under Child Status Protection Act.
Immigration Mar. 22, 2007
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona misdemeanor assault convictions do not qualify as crimes of moral turpitude for purposes of removal.
Immigration Mar. 21, 2007
Sinotes-Cruz v. Gonzales
Permanent stop-time rule does not apply retroactively to prohibit petitioner from meeting seven-year continuous residence requirement.
Immigration Mar. 21, 2007
Morales-Izquierdo v. Gonzales
Previously removed alien who re-enters country illegally is not entitled to hearing before immigration judge to determine whether to reinstate prior removal order.
Immigration Mar. 20, 2007
Malta-Espinoza v. Gonzales
If stalker's harassing conduct did not create substantial risk of application of physical force against victim, his conviction is not for 'crime of violence.'
Immigration Mar. 9, 2007
Fedunyak v. Gonzales
BIA erred in finding alien's whistleblowing did not constitute expression of political opinion for purposes of granting asylum.
Immigration Mar. 9, 2007
Ramadan v. Gonzales
Jurisdiction over questions of law as defined in Real ID Act extends to application of law to undisputed facts.
Immigration Mar. 7, 2007
U.S. v. Cruz-Escoto
Conviction for illegal entry after deportation is proper where jury heard sufficient evidence to conclude that defendant was free from official restraint.
Immigration Mar. 7, 2007
Chaidez v. Gonzales
Deportation order is invalid where government fails to show that petitioner was properly served with Order to Show Cause.
Immigration Mar. 6, 2007
U.S. v. Flores-Sanchez
Failure to allege overt act in furtherance of re-entry after deportation is not fatal defect to indictment charging defendant with attempted illegal re-entry.
Immigration Feb. 22, 2007
Hernandez-Gil v. Gonzales
Immigration judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored, should his attorney fail to appear at hearing.
Immigration Feb. 22, 2007
Lin v. Gonzales
In asylum case, BIA erroneously finds that petitioner failed to demonstrate 'other resistance' to coercive population control program implemented in China.
Immigration Feb. 16, 2007
Becker v. Gonzales
Alien with prior conviction for aggravated felony may not apply for cancellation of removal, even if deportability for that prior conviction was waived.
Immigration Feb. 16, 2007
Sahajeewa v. Gonzales
Immigration judge adequately articulated his decision in finding asylum petitioner not credible.
Immigration Feb. 16, 2007
Valeriano v. Gonzales
INS' belated response to petitioner's request to file motion to reopen jointly does not entitle petitioner to equitable tolling of filing deadline.
Immigration Feb. 16, 2007
Bravo-Pedroza v. Gonzales
Res judicata bars Secretary of Homeland Security from initiating second deportation case on basis of charge that could have been brought in first case.
Immigration Feb. 9, 2007
In the Matters of Hamide
Proceedings in 20-year-old Palestinian deportation cases are terminated where government fails to comply with court's orders.
Immigration Feb. 1, 2007
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona conviction for domestic violence was not 'crime of violence' under federal statute that triggers removal.
Immigration Jan. 31, 2007
Ruiz-Vidal v. Gonzales
For purposes of removal, alien's conviction for violating state drug possession law must involve controlled substance regulated by Controlled Substance Act.
Immigration Jan. 26, 2007
Kohli v. Gonzales
Although signature and title of issuing official were illegible on Notice to Appear, alien failed to show alleged defect deprived court of jurisdiction.
Immigration Jan. 23, 2007
Gonzales v. Duenas-Alvarez
'Theft offense' under immigration law includes crime of 'aiding and abetting' theft offense.
Immigration Jan. 19, 2007
Lin v. Gonzales
Where government's construction of regulation was improper, illegal alien's motion to reopen case was erroneously denied.
Immigration Jan. 12, 2007
Kaganovich v. Gonzales
Alien who arrives in United States as refugee may be removed, even if his refugee status has not been terminated.
Immigration Jan. 11, 2007
Velazquez-Herrera v. Gonzales
In removal case, BIA is afforded opportunity to issue precedential decision regarding definition of child abuse.
Immigration Jan. 11, 2007
Nath v. Gonzales
Motion to reopen is remanded so BIA may reconsider whether offense that alien pleaded guilty to qualifies as 'aggravated felony' for removal purposes.
Immigration Jan. 9, 2007
Singh v. Gonzales
Where BIA satisfied its regulatory obligation by mailing decision to alien's address, alien filing untimely appeal was not entitled to reopen matter.
Immigration Jan. 9, 2007
U.S. v. Resendiz-Ponce
Government's failure to allege specific overt act in illegal alien's indictment for attempted entry was fatal defect.
Immigration Jan. 9, 2007