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Singh v. Lynch
Per statutory language and precedent, REAL ID Act permits background documents to serve as sole basis for adverse credibility determination in Immigration Judge's review of person seeking protection under CAT.
Immigration Sep. 22, 2015
Avendano-Hernandez v. Lynch
Immigration authorities erroneously denies Convention Against Torture protection to transgender woman who suffered repeated rape and assault by Mexican police and military officials.
Immigration Sep. 4, 2015
Quijada-Aguilar v. Lynch
California Penal Code Section 192(a) is not categorically a crime of violence because it encompasses broader range of criminal intent than federal definition.
Immigration Sep. 2, 2015
Andrade v. Lynch
Petitioner properly denied relief under Convention Against Torture because he failed to establish his non-gang tattoos would subject him to torture if he returned to El Salvador.
Immigration Aug. 28, 2015
Acosta-Olivarria v. Lynch
Petitioner eligible for adjustment of status although precedent he relied on was later overturned by Ninth Circuit and Bureau of Immigration Appeals.
Immigration Aug. 27, 2015
Acevedo v. Lynch
Case precedent and legislative history suggest that U.S. Code pertaining to derivative citizenship for foreign-born children of U.S. citizens does not include stepchildren.
Immigration Aug. 25, 2015
Salazar-Gonzalez v. Lynch
Attorney's advice to illegal alien - that he forego one form of relief in order to seek other relief to which said alien was statutorily excluded – constitutes deficient performance.
Immigration Aug. 21, 2015
Garcia v. Lynch
Statutory criminal bar does not preclude review of immigration judge's denial of offender's motion for further continuance to allow him to seek post-conviction relief.
Immigration Aug. 19, 2015
U.S. v. Rodriguez-Vega
Failure to inform client of 'virtually certain' deportation consequences stemming from conviction constitutes ineffective assistance of counsel, vacating conviction obtained through plea agreement in immigration case.
Immigration Aug. 17, 2015
Madrigal-Barcenas v. Lynch
After Supreme Court ruling in 'Mellouli,' overbroad Nevada drug paraphernalia statute demands grant of immigrant's cancellation-of-removal petition.
Immigration Aug. 11, 2015
Coquico v. Lynch
Board of Immigration Appeals incorrect analysis not entitled to deference; Penal Code Section 417.26 is not a crime of moral turpitude.
Immigration Jun. 17, 2015
Toor v. Lynch
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 renders Federal Register-based 'regulatory departure bar' invalid; alien may reopen removal decision regardless of his departure from U.S.
Immigration Jun. 17, 2015
Ruiz-Vidal v. Lynch
Charging document referencing methamphetamine, along with plea colloquy, gives clear and convincing evidence that state conviction involved federally-controlled substances, and rendered convict suitable for removal.
Immigration Jun. 17, 2015
Reyes Mata v. Lynch
Appellate court has jurisdiction to review Board of Immigration Appeals' rejection of petitioner's motion to reopen removal proceedings regardless of BIA's reasoning for denial.
Immigration Jun. 15, 2015
Kerry v. Din
Denial of visa to Afghan citizen spouse who previously worked for Taliban government, does not violate petitioning spouse's liberty interests entitling her to due process of law.
Immigration Jun. 15, 2015
Fuentes v. Lynch
Woman's conviction for conspiracy to commit money laundering rendered her statutorily ineligible for cancellation of removal because offense involved more than $10,000.
Immigration Jun. 10, 2015
Angov v. Holder
Immigration judge may use State Dept. consular letter to deny asylum to Roma man, who claimed he fled Bulgaria due to police persecution.
Immigration Jun. 8, 2015
Garcia-Mendez v. Lynch
Applicant for special rule cancellation of removal does not meet definition of VAWA self-petitioner and is not eligible for Section 212(h) waiver.
Immigration Jun. 8, 2015
U.S. v. Gonzalez-Flores
Prior removal order not deemed invalid where immigration judge allegedly failed to inform petitioner of his eligibility for voluntary departure because any such error was not prejudicial.
Immigration Jun. 8, 2015
Mellouli v. Lynch
Drug-paraphernalia possession conviction under Kansas law does not trigger removal under 8 U.S.C. Section 1227(a)(2)(B)(i).
Immigration Jun. 1, 2015
Mtoched v. Lynch
Commencement of removal proceedings against petitioner convicted under the laws of the Commonwealth of Northern Mariana Islands is not an impermissible retroactive application of law.
Immigration May 25, 2015
Garcia v. Lynch
Waiver of right to appeal is invalid where it was based on immigration judge's erroneous advice that conviction made petitioner ineligible for relief from removal.
Immigration May 20, 2015
Zavala v. Ives
Alien may be entitled to sentencing credit for period during which he was detained by ICE pending potential criminal prosecution.
Immigration May 18, 2015
Maldonado v. Holder
En banc panel overrules its past precedent requiring potential deportees to show safe relocation was 'impossible,' as such precedent departs from federal regulations implementing Convention Against Torture.
Immigration May 18, 2015
Torres v. Lynch
Board of Immigration Appeals' decision to deny Mexican citizen adjustment of status is discretionary and not subject to categorical approach or review on appeal.
Immigration May 10, 2015
Marquez Carrillo v. Holder
Penal Code § 273.5 is ‘categorically a crime of domestic violence,’ and thus substantiates permanent resident’s removal under 8 U.S.C. §1227.
Immigration Mar. 31, 2015
Maldonado v. Holder
En banc panel overrules its past precedent requiring potential deportees to show safe relocation was ‘impossible,’ as such precedent departs from federal regulations implementing Convention Against Torture.
Immigration Mar. 29, 2015
Munoz Santos v. Thomas
When torture allegations “inextricably intertwined” with witnesses’ recantations, evidence properly excluded by extradition court.
Immigration Mar. 9, 2015
Khudaverdyan v. Holder
Armenian citizen may be eligible for asylum if military police persecuted him based on belief that he was a whistleblower attempting to expose corruption.
Immigration Mar. 1, 2015
Martinez-Hernandez v. Holder
Ineffective assistance of counsel claim over attorney’s failure to seek cancellation of removal fails where claim for cancellation was implausible.
Immigration Feb. 24, 2015