Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
02-72633
|
Mendiola-Sanchez v. Ashcroft
Application for suspension of deportation was properly denied where petitioners left U.S. for more than 90 days to care for relatives. |
Immigration |
|
Jan. 18, 2005 | |
02-71841
|
Mashiri v. Ashcroft
Asylum petitioner who shows past persecution does not have to prove that she could have relocated safely within home country. |
Immigration |
|
Jan. 18, 2005 | |
02-74204
|
Lopez-Alvarado v. Ashcroft
Alien may offer direct testimony to establish 10-year residency required for cancellation of removal. |
Immigration |
|
Jan. 17, 2005 | |
04-50115
|
U.S. v. Rivera-Guerrero
Magistrate judge lacks authority to order involuntary administration of medication to render alien competent to stand trial. |
Immigration |
|
Jan. 11, 2005 | |
03-70674
|
Morales-Izquierdo v. Ashcroft
Regulation that authorizes immigration officer to determine deportability of alien conflicts with Immigration and Nationality Act. |
Immigration |
|
Jan. 11, 2005 | |
03-70044
|
Shire v. Ashcroft
Adverse credibility determination against alien based on speculation was improper. |
Immigration |
|
Jan. 11, 2005 | |
02-73499
|
Taha v. Ashcroft
Board of Immigration Appeals cannot find that petitioner lacked credibility because his testimony was more detailed than his asylum application. |
Immigration |
|
Jan. 11, 2005 | |
02-72597
|
Li v. Ashcroft
Alien who committed fraud that caused equivocal amount of money loss is not removable. |
Immigration |
|
Jan. 11, 2005 | |
02-73420
|
Circu v. Ashcroft
Immigration judge's reliance on country report created two years after asylum hearing did not violate due process. |
Immigration |
|
Jan. 11, 2005 | |
02-73538
|
Lanza v. Ashcroft
Immigration board's affirmance of deportation order without opinion violates due process and requires clarification. |
Immigration |
|
Jan. 11, 2005 | |
02-71727
|
Salvador-Calleros v. Ashcroft
Motion for stay of voluntary departure filed on Monday after Saturday when voluntary departure period ended is timely. |
Immigration |
|
Jan. 11, 2005 | |
02-72317
|
Deloso v. Ashcroft
Asylum-seeker proves that persecution he suffered in the Philippines was, at least in part, on account of his political opinion. |
Immigration |
|
Jan. 10, 2005 | |
02-72081
|
Rusz v. Ashcroft
Petty theft conviction with burglary prior is not crime for which sentence of one year or longer may be imposed. |
Immigration |
|
Jan. 10, 2005 | |
02-74196
|
Kaur v. Ashcroft
Asylum petitioner was denied fair hearing when his son was not allowed to testify due to youth. |
Immigration |
|
Jan. 10, 2005 | |
03-71013
|
Ding v. Ashcroft
Lack of physical restraints during forced abortion is not legitimate basis for adverse credibility finding of asylum petitioner. |
Immigration |
|
Jan. 10, 2005 | |
02-72480
|
Hamoui v. Ashcroft
Applicant moving to reopen deportation proceeding under Convention Against Torture must only show that torture is more likely than not. |
Immigration |
|
Jan. 10, 2005 | |
03-70930
|
Zhang v. Ashcroft
Evidence of persecution on account of religious beliefs entitles plaintiff to withholding of removal. |
Immigration |
|
Jan. 9, 2005 | |
02-73434
|
Mihalev v. Ashcroft
Past persecution need not be solely due to ethnicity to establish eligibility for asylum. |
Immigration |
|
Jan. 9, 2005 | |
02-71872
|
Sael v. Ashcroft
Indonesian had well-founded fear of future persecution with evidence that ethnic Chinese are significantly disfavored and that she suffered harassment. |
Immigration |
|
Dec. 5, 2004 | |
02-73363
|
Baltazar-Alcazar v. INS
Aliens challenging deportation did not voluntarily waive right to counsel of choice. |
Immigration |
|
Dec. 5, 2004 | |
04-35417
|
Khotesouvan v. Morones
Alien cannot claim his removal is not reasonably foreseeable until he has been detained for 90 days. |
Immigration |
|
Nov. 30, 2004 | |
03-70199
|
Narayan v. Ashcroft
Immigration board will decide whether judge should consider alien's evidence of worsened conditions in native country. |
Immigration |
|
Nov. 30, 2004 | |
03-30167
|
U.S. v. Rivas-Gonzalez
In sentencing defendant for illegal reentry after deportation, downward departure for cultural assimilation was not available. |
Immigration |
|
Nov. 30, 2004 | |
01-71171
|
Alcaraz v. INS
Board of Immigration Appeals must determine whether various policy statements by immigration agencies obligated it to 'repaper' aliens. |
Immigration |
|
Nov. 30, 2004 | |
02-57037
|
Akhtar v. Burzynski
Regulation terminating temporary visas for children of permanent residents when they turn 21 is contrary to congressional intent. |
Immigration |
|
Nov. 29, 2004 | |
03-10339
|
U.S. v. Ortiz-Lopez
Case is remanded so government may present evidence supporting alien's removability. |
Immigration |
|
Nov. 29, 2004 | |
03-71214
|
Membreno v. Aschroft
Court lacks jurisdiction to hear petition of alien to reopen deportation proceedings. |
Immigration |
|
Nov. 29, 2004 | |
03-583
|
Leocal v. Ashcroft
Conviction for drunk driving causing serious injury is not removable crime of violence where offense doesn't require showing of intent. |
Immigration |
|
Nov. 16, 2004 | |
02-71311
|
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation. |
Immigration |
|
Nov. 9, 2004 | |
02-72978
|
Cazarez-Gutierrez v. Ashcroft
Alien's conviction for drug possession is not 'aggravated felony' for immigration purposes. |
Immigration |
|
Nov. 9, 2004 |