Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-74625
|
Garcia-Jimenez v. Gonzales
Petitioner is barred from obtaining cancellation of removal where he had received waiver of deportation as to his convictions. |
Immigration |
|
Jan. 8, 2007 | |
05-70672
|
Morales v. Gonzales
Appellate court may have jurisdiction to review immigration judge's denial of application for asylum, withholding of removal, and Convention Against Torture relief. |
Immigration |
|
Jan. 8, 2007 | |
05-74693
|
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 |
|
Jan. 5, 2007 | |
03-73734
|
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings. |
Immigration |
|
Jan. 2, 2007 | |
05-35025
|
Rafaelano v. Wilson
Where appeal is treated as petition for review, matter is transferred to BIA to determine if prior order became effective order of deportation. |
Immigration |
|
Dec. 22, 2006 | |
05-35310
|
Family Inc. v. U.S. Citizenship and Immigration Services
Substantial evidence supported finding that alien was not engaged primarily in managerial duties, thus petition for reclassification of status was properly denied. |
Immigration |
|
Dec. 7, 2006 | |
05-547
|
Lopez v. Gonzales
Order of removal is not proper where drug possession is not felony under Controlled Substances Act. |
Immigration |
|
Dec. 7, 2006 | |
04-75579
|
Serrano v. Gonzales
In removal case, petitioner fails to assert valid due process ineffective assistance of counsel claim. |
Immigration |
|
Dec. 7, 2006 | |
05-70275
|
Valencia-Alvarez v. Gonzales
Application of law which stops accrual of continuous presence in United States when offense is committed does not have impermissible retroactive effect. |
Immigration |
|
Dec. 7, 2006 | |
04-73100
|
Galeana-Mendoza v. Gonzales
Because convictions for battery were not 'crimes involving moral turpitude,' alien was eligible for cancellation of removal on that ground. |
Immigration |
|
Dec. 7, 2006 | |
03-73030
|
Granados-Oseguera v. Gonzales
BIA must reconsider motion to reopen where petitioner claimed ineffective assistance of counsel. |
Immigration |
|
Dec. 5, 2006 | |
03-73734
|
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings. |
Immigration |
|
Dec. 5, 2006 | |
05-36182
|
Puri v. Gonzales
REAL ID Act divests district courts of jurisdiction over orders of removal, but provides appellate court review, which is adequate substitute. |
Immigration |
|
Dec. 5, 2006 | |
04-74268
|
Mendez-Alcaraz v. Gonzales
Appeal of motion to reconsider was properly dismissed as untimely where alien failed to present viable argument to support equitable tolling. |
Immigration |
|
Nov. 29, 2006 | |
05-50543
|
U.S. v. Covian-Sandoval
Errors committed by court during plea colloquy and sentencing did not warrant relief under plain error standard of review. |
Immigration |
|
Nov. 8, 2006 | |
02-73627
|
Padilla-Padilla v. Gonzales
BIA does not have authority to reduce voluntary departure period granted by immigration judge in 'streamlined' affirmance. |
Immigration |
|
Nov. 8, 2006 | |
03-70244
|
Perez-Enriquez v. Gonzales
Admissibility for agricultural worker under SAW program is determined as of date of adjustment of status as lawful temporary resident. |
Immigration |
|
Nov. 8, 2006 | |
05-50287
|
U.S. v. Ballesteros-Selinger
Memorandum recording oral decision in prior deportation hearing is not testimonial hearsay and may be admitted without violating Confrontation Clause. |
Immigration |
|
Oct. 26, 2006 | |
04-70774
|
Cardoso-Tlaseca v. Gonzales
In removal case, where question existed concerning whether alien's drug conviction was vacated on the merits, case must be remanded. |
Immigration |
|
Oct. 26, 2006 | |
04-55285
|
Tijani v. Willis
Under 8 U.S.C. Section 1226(c), two years and four months is not 'expeditious' removal of criminal aliens. |
Immigration |
|
Oct. 24, 2006 | |
02-30429
|
U.S. v. Hernandez
Sentence enhancement for illegal reentry was proper because government did not have to prove previous deportation was pursuant to felony conviction. |
Immigration |
|
Oct. 24, 2006 | |
04-76383
|
Salviejo-Fernandez v. Gonzales
Notice to Appear need not include conviction that is not ground for removal but is ground for denial of relief from removal. |
Immigration |
|
Oct. 23, 2006 | |
04-70345
|
Navarro-Lopez v. Gonzales
Removal is proper where petitioner's accessory after fact conviction constitutes crime of moral turpitude. |
Immigration |
|
Oct. 23, 2006 | |
04-72682
|
Acosta v. Gonzales
Alien inadmissible for accruing more than one year of unlawful presence is eligible for penalty-fee adjustment of status. |
Immigration |
|
Oct. 22, 2006 | |
04-70258
|
Suntharalinkam v. Gonzales
In denying alien's application for asylum, immigration judge improperly determined that discrepancies warranted adverse credibility finding. |
Immigration |
|
Oct. 19, 2006 | |
04-72798
|
Ornelas-Chavez v. Gonzales
Reporting persecution is not prerequisite for relief under IIRIRA, and relief under CAT is predicated on official acquiescence, not 'sanctioning,' of torture. |
Immigration |
|
Oct. 19, 2006 | |
04-50411
|
U.S. v. Salazar-Gonzalez
Under 8 U.S.C. Section 1326, government must prove that alien's presence in country is both knowing and voluntary. |
Immigration |
|
Oct. 18, 2006 | |
04-35797
|
Freeman v. Gonzales
Government's assertion that alien widow was stripped of her spousal status pursuant to her citizen husband's untimely death frustrates congressional policy. |
Immigration |
|
Oct. 18, 2006 | |
03-73930
|
Garcia-Quintero v. Gonzales
Petitioner is eligible for cancellation of removal where he is 'admitted in any status' pursuant to his acceptance into Family Unity Program. |
Immigration |
|
Oct. 18, 2006 | |
03-74712
|
Zhou v. Gonzales
Denial of asylum because of adverse credibility finding was improper where petitioner presented evidence of pending arrest in China. |
Immigration |
|
Oct. 18, 2006 |