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Name Category Published
Shoafera v. INS
Rape by government official due to ethnicity establishes that Amharic woman suffered past persecution.
Immigration Dec. 10, 2000
U.S. v. Chavez-Lopez
Order
Immigration Nov. 21, 2000
U.S. v. Luna-Sanchez
Order
Immigration Nov. 6, 2000
U.S. v. Reyes-Platero
Court has jurisdiction to hear appeal of Mexican national who pleaded guilty to being deportable but was not informed about right to contact consulate.
Immigration Nov. 3, 2000
Pedro-Mateo v. INS
Guerrilla organization's attempts to force Guatemalan Indian to join them is insufficient to prove persecution on account of membership in particular social group.
Immigration Nov. 3, 2000
U.S. v. Arrieta
Due process rights are violated when immigration judge fails to inform defendant of possible eligibility for relief from deportation.
Immigration Nov. 3, 2000
Lujan-Armendariz v. INS
New definition of 'conviction' for immigration purposes doesn't prevent first-time simple drug possession offender from expunging conviction to avoid deportation.
Immigration Nov. 2, 2000
Alfaro-Reyes v. INS
IIRIRA divests court of appeals of jurisdiction to hear constitutional claims on direct appeal.
Immigration Nov. 2, 2000
Luu-Le v. INS
Court lacks jurisdiction to review a deportation order for aliens found deportable under IIRIRA.
Immigration Nov. 2, 2000
Lim v. INS
Alien who receives death threats but carries on without harm and without fleeing for six years doesn't demonstrate past persecution.
Immigration Nov. 2, 2000
Andreiu v. Reno
Illegal Immigration Reform and Immigrant Responsibility Act's limit on power to enjoin removal of alien applies to stays of removal.
Immigration Nov. 2, 2000
Magana-Pizano v. INS
Neither Antiterrorism Effective Death Penalty Act nor Illegal Immigration Reform and Immigrant Responsibility Act repeals habeas corpus relief pursuant to 28 U.S.C. Section 2241.
Immigration Oct. 26, 2000
Magana-Pizano v. INS
Alien subject to deportation after drug conviction isn't eligible for discretionary waiver but may seek habeas relief.
Immigration Oct. 26, 2000
Magana-Pizano v. INS
Alien subject to deportation after drug conviction isn't eligible for discretionary waiver but may seek habeas relief.
Immigration Oct. 26, 2000
Agbuya v. INS
Alien who is threatened, kidnapped and physically abused by violent anti-government group establishes well-founded fear of future persecution.
Immigration Oct. 5, 2000
Abovian v. INS
Due process requires BIA denials of asylum to be supported by credibility findings that offer specific, cogent reasons for any stated disbelief.
Immigration Oct. 5, 2000
U.S. v. Ruelas-Arreguin
Venue is proper both where alien is seen and arrested, and in district where illegal entry is made.
Immigration Oct. 5, 2000
Gorbach v. Reno
Attorney General's new regulation providing for administrative denaturalization is void without statutory authority.
Immigration Oct. 5, 2000
Sidhu v. INS
Adverse credibility finding withstands appellate review where applicant's credibility is questioned and applicant fails to produce corroborating evidence.
Immigration Oct. 5, 2000
Larita-Martinez v. INS
Failure to rebut presumption that BIA took supplemental information into consideration is basis for denial of review of its decision.
Immigration Oct. 5, 2000
Chouchkov v. INS
Rebuttable presumption of fear of persecution is created when alien fears for own life after opposing nuclear materials deal between Russia and Iran.
Immigration Oct. 5, 2000
Alarcon-Serrano v. INS
Alien who is found inadmissible or deportable for committing crime has no right to appeal order.
Immigration Oct. 5, 2000
Albillo-Figueroa v. INS
Conviction for possession of counterfeit U.S. obligations is a deportable offense.
Immigration Oct. 4, 2000
Shah v. INS
Adverse credibility findings must offer specific, cogent reasons for stated disbelief; they cannot be based on clerical errors or blanket statements in State Department reports.
Immigration Oct. 4, 2000
Cardenas-Uriarte v. INS
Immigrant convicted of possessing drug paraphernalia did not commit deportable offense if he qualifies for first offender treatment.
Immigration Oct. 2, 2000
Bandari v. INS
Immigration judge' s adverse credibility finding may not be based on petitioner's minor discrepancies concerning time and location of severe beating by police.
Immigration Oct. 2, 2000
Sidhu v. INS
Adverse credibility finding withstands appellate review where applicant's credibility is questioned and applicant fails to produce corroborating evidence.
Immigration Sep. 27, 2000
U.S. v. Armenta-Castro
Unusually vigorous prosecution for re-entering country after deportation does not justify departing downward from sentencing guidelines.
Immigration Sep. 20, 2000
Zahedi v. INS
Refugee facing persecution in home country for distribution of political literature is eligible for asylum.
Immigration Sep. 13, 2000
Chanchavac v. INS
Alien is entitled to asylum based on evidence of pervasive violence against alien by homeland military forces.
Immigration Sep. 11, 2000