Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
10-70087
|
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony. |
Immigration |
|
Sep. 13, 2011 | |
06-75319
|
Santiago-Rodriguez v. Holder
Attorney’s admission of allegations on behalf of alien in removal proceedings is egregious circumstance where admission is not probative of truth of allegation. |
Immigration |
|
Sep. 12, 2011 | |
07-70056
|
Singh v. Holder
Delay in filing of asylum application is reasonable where filing occurred within six months of lawful nonimmigrant status expiration, and in light of government’s delay. |
Immigration |
|
Sep. 9, 2011 | |
10-50521
|
U.S. v. Cisneros-Resendiz
Failure to advise alien of right to withdraw application for admission is not fundamentally unfair where alien failed to establish factors directly relating to inadmissibility. |
Immigration |
|
Sep. 7, 2011 | |
09-56786
|
Cuellar de Osorio v. Mayorkas
Child Status Protection Act’s priority date retention does not apply to aged-out derivative beneficiaries whose relatives filed petitions through family-sponsored immigration process. |
Immigration |
|
Sep. 6, 2011 | |
07-71027
|
Li v. Holder
Immigration judge properly exercises discretion in denying asylum to alien who entered country in egregious manner that carried high risk of death. |
Immigration |
|
Sep. 2, 2011 | |
10-71066
|
Khoshfahm v. Holder
Parent’s intent to abandon legal residency status is imputed to unemancipated minor child, until child turns 18 years old. |
Immigration |
|
Aug. 26, 2011 | |
03-74442
|
Delgado v. Holder
For asylum purposes, BIA is permitted to determine whether alien's DUI convictions are particularly serious, making him ineligible for asylum. |
Immigration |
|
Aug. 22, 2011 | |
08-71315
|
Ren v. Holder
Alien is not entitled to relief due to lack of corroborative evidence despite impermissible adverse credibility determination based on trivial inconsistencies and mischaracterizations. |
Immigration |
|
Aug. 22, 2011 | |
06-73369
|
Pinto v. Holder
BIA decision denying relief from removal but remanding case for voluntary departure proceedings remains reviewable as final order of removal. |
Immigration |
|
Aug. 15, 2011 | |
06-73345
|
Soriano-Vino v. Holder
Information obtained from permanent residency card, and not application for Special Agricultural Workers program, does not violate confidentiality provision under program. |
Immigration |
|
Aug. 11, 2011 | |
09-17495
|
Leonardo v. Crawford
Petitioner alleging prolonged immigration detention must exhaust administrative remedies by appealing to BIA following ‘Casas’ hearing, before seeking habeas review. |
Immigration |
|
Aug. 4, 2011 | |
07-70500
|
Singh v. Holder
Petitioner's counsel renders ineffective assistance, which prejudiced petitioner, by deciding to file motion to remand, instead of seeking stay of voluntary departure. |
Immigration |
|
Jul. 22, 2011 | |
09-72060
|
Rodriguez-Valencia v. Holder
Conviction for unauthorized imitation of trademarks constitutes ‘aggravated felony’ as offense relating to counterfeiting for removal purposes. |
Immigration |
|
Jul. 22, 2011 | |
06-73335
|
Viridiana v. Holder
Asylum application filed three months after deadline due to fraud by immigration consultant warrants statutory tolling of deadline. |
Immigration |
|
Jul. 20, 2011 | |
05-74350
|
Nunez-Reyes v. Holder
State-court conviction for simple drug possession, which was later expunged, constitutes ‘conviction’ for federal immigration purposes. |
Immigration |
|
Jul. 15, 2011 | |
06-70635
|
Gomez-Granillo v. Holder
Immigration judge may consider all evidence known, and make credibility determination of alien’s testimony, to support reasonable belief that alien was drug trafficker. |
Immigration |
|
Jul. 15, 2011 | |
09-70240
|
Hu v. Holder
BIA errs in finding asylum-seeker’s past mistreatment was not based on protected ground when abuse was motivated by political opinion imputed on him by police. |
Immigration |
|
Jul. 15, 2011 | |
08-73805
|
Hernandez-Cruz v. Holder
Second-degree commercial burglary convictions are not aggravated felonies, and therefore are not grounds for removal. |
Immigration |
|
Jul. 11, 2011 | |
07-70114
|
Perez-Ramirez v. Holder
Asylum applicant qualifies as whistleblower where he was retaliated against for reporting corruption, regardless of whether corruption was exposed to outside agency. |
Immigration |
|
Jul. 11, 2011 | |
07-70730
|
Planes v. Holder
Petitioner is removable due to convictions for two crimes involving moral turpitude, although district court had not yet issued decision regarding sentence on remand. |
Immigration |
|
Jul. 6, 2011 | |
08-72102
|
Ramirez-Villalpando v. Holder
Alien who commits grand theft of property categorically commits aggravated felony, which subjects him to removal. |
Immigration |
|
Jul. 5, 2011 | |
06-73982
|
Avagyan v. Holder
Petitioner is entitled to equitable tolling of adjustment of status claim where delay in seeking adjustment was reasonable based on attorney’s advice. |
Immigration |
|
Jul. 5, 2011 | |
07-72719
|
Antonyan v. Holder
BIA errs in failing to find nexus between asylum-seeker’s mistreatment and whistle-blowing efforts as protected political opinion. |
Immigration |
|
Jun. 29, 2011 | |
07-74047
|
Pagayon v. Holder
Immigration judge may consider alien’s admissions, corroborated by specified set of conviction record documents, as evidence of removability. |
Immigration |
|
Jun. 26, 2011 | |
08-74371
|
Gil v. Holder
State conviction for ‘carrying weapon concealed within vehicle’ is properly deemed ‘firearms offense’ rendering defendant ineligible for cancellation of removal. |
Immigration |
|
Jun. 22, 2011 | |
09-72059
|
Carrillo de Palacios v. Holder
Applicant is inadmissible because she returned to U.S. following one-year period of unlawful presence although one-year period occurred before statute's effective date. |
Immigration |
|
Jun. 21, 2011 | |
08-70434
|
Singh v. Holder
Asylum applicant is not required to provide evidence to corroborate testimony that he filed application within one year after arrival in U.S. |
Immigration |
|
Jun. 19, 2011 | |
06-74547
|
Singh v. Holder
Spouse’s lie to immigration authorities is sufficient basis for adverse credibility finding, which is attributable to both spouses. |
Immigration |
|
Jun. 9, 2011 | |
08-71427
|
Vasquez de Alcantar v. Holder
Petitioner fails to meet continuous residence requirement for cancellation of removal because admission status is achieved only after legal permanent residency is granted. |
Immigration |
|
Jun. 6, 2011 |