| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 09-70107 
 | 
Bingham v. Holder
 Alien admitted under terms of Visa Waiver Program may not challenge action for removal where alien knowingly waived his right to contest removal upon entry.  | 
Immigration | 
 | 
Mar. 24, 2011 | |
| 
 07-71195 
 | 
Ali v. Holder
 Government must make individualized determination of how changed country conditions impacted alien’s specific harms to rebut presumption of fear of future persecution.  | 
Immigration | 
 | 
Mar. 21, 2011 | |
| 
 06-75778 
 | 
Martinez-Medina v. Holder
 Local deputy sheriff does not egregiously violate Fourth Amendment rights by detaining Mexican nationals who offer information of their illegal presence.  | 
Immigration | 
 | 
Mar. 14, 2011 | |
| 
 09-56774 
 | 
Diouf v. Napolitano
 Alien subject to prolonged detention while challenging removal order is entitled to bond hearing to determine dangerousness or flight risk justifying detention.  | 
Immigration | 
 | 
Mar. 8, 2011 | |
| 
 05-72412 
 | 
Gallegos-Vasquez v. Holder
 Illegal Immigration Reform and Immigration Responsibility Act does not apply retroactively to deny relief to aliens with settled expectation of relief under INA Section 212(c).  | 
Immigration | 
 | 
Mar. 2, 2011 | |
| 
 08-72849 
 | 
Lui v. Holder
 Adverse credibility finding based on date discrepancy and failure to mention element central to asylum claim does not necessarily support frivolous finding.  | 
Immigration | 
 | 
Feb. 24, 2011 | |
| 
 10-50096 
 | 
U.S. v. Hernandez-Guerrero
 Court properly calculates sentencing based on defendant’s illegal reentry date following deportation, rather than arrest date, as date crime commenced.  | 
Immigration | 
 | 
Feb. 24, 2011 | |
| 
 09-70136 
 | 
Abufayad v. Holder
 Visa holder is inadmissible for being likely to engage in terrorist activity based on jihadist materials on computer, connections, and background.  | 
Immigration | 
 | 
Feb. 17, 2011 | |
| 
 10-70128 
 | 
Lopez-Birrueta v. Holder
 Parent of formerly abused children qualifies for cancellation of removal after demonstrating that children's father beat children while they lived together.  | 
Immigration | 
 | 
Feb. 15, 2011 | |
| 
 06-73086 
 | 
Hernandez-Mancilla v. Holder
 Alien is ineligible for cancellation of removal where he had not maintained continuous presence in U.S. for 10 years and immigration procedures did not cause delay.  | 
Immigration | 
 | 
Feb. 11, 2011 | |
| 
 05-77397 
 | 
Malilia v. Holder
 Immigration judge errs in denying petitioner’s request for continuance on ground of administrative delay where delay was not attributable to petitioner.  | 
Immigration | 
 | 
Feb. 4, 2011 | |
| 
 08-10480 
 | 
U.S. v. Rivera-Gomez
 Resisting arrest conviction associated with defendant’s attempt to avoid detection of illegal reentry should be calculated as offense characteristic for sentencing purposes.  | 
Immigration | 
 | 
Feb. 3, 2011 | |
| 
 04-76624 
 | 
Sharma v. Holder
 Petitioner is ineligible for asylum when persecution was not on account of his political views but to force his father from publishing his book.  | 
Immigration | 
 | 
Feb. 2, 2011 | |
| 
 07-72316 
 | 
Rangel-Zuazo v. Holder
 Age of offender at time of offense does not play role in determining whether juvenile offender has 'conviction' for purposes of INA.  | 
Immigration | 
 | 
Feb. 1, 2011 | |
| 
 07-70949 
 | 
Young v. Holder
 Petitioner’s guilty plea to overly-inclusive statute does not establish grounds for removability absent specific acts to prove conviction was for aggravated felony.  | 
Immigration | 
 | 
Jan. 31, 2011 | |
| 
 07-74277 
 | 
Mejia-Hernandez v. Holder
 BIA's reversal of immigration judge’s sua sponte reopening of petitioner’s case is unreviewable in federal court for absence of sufficient standard.  | 
Immigration | 
 | 
Jan. 28, 2011 | |
| 
 08-72516 
 | 
Teposte v. Holder
 Conviction for shooting at inhabited vehicle requires only reckless intent under California law, and is not categorically ‘crime of violence’ subjecting defendant to removal.  | 
Immigration | 
 | 
Jan. 21, 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 | 
 | 
Jan. 20, 2011 | |
| 
 06-73365 
 | 
Li v. Holder
 Denial of asylum application due to adverse credibility finding is improperly based on perception of petitioner's ignorance of religious doctrine.  | 
Immigration | 
 | 
Jan. 20, 2011 | |
| 
 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 | 
 | 
Jan. 4, 2011 | |
| 
 06-74213 
 | 
Rizk v. Holder
 Immigration judge’s adverse credibility determination is supported by petitioner’s inconsistent testimony and lack of evidence to show he was being persecuted.  | 
Immigration | 
 | 
Jan. 3, 2011 | |
| 
 09-56089 
 | 
Cabaccang v. United States Citizenship and Immigration Services
 Court lacks jurisdiction to determine denial of immigrant status adjustment where removal proceedings are pending and decision is not final.  | 
Immigration | 
 | 
Dec. 29, 2010 | |
| 
 03-73648 
 | 
Ledezma-Galicia v. Holder
 Alien convicted of sexually abusing 10-year-old girl before Nov. 18, 1988 is not removable as alien convicted of aggravated felony.  | 
Immigration | 
 | 
Dec. 22, 2010 | |
| 
 06-71794 
 | 
She v. Holder
 Immigration judge fails to adequately describe finding of firm resettlement and why alien did not meet burden of proof.  | 
Immigration | 
 | 
Dec. 14, 2010 | |
| 
 06-71848 
 | 
Ocampo v. Holder
 Removal order granting voluntary departure becomes final after Board of Immigration Appeals affirms determination, not after petitioner overstays departure period.  | 
Immigration | 
 | 
Dec. 14, 2010 | |
| 
 05-70195 
 | 
Tijani v. Holder
 Credit card fraud in violation of California Penal Code Section 532a(1) constitutes crime of moral turpitude, which makes alien removable.  | 
Immigration | 
 | 
Dec. 6, 2010 | |
| 
 08-10480 
 | 
U.S. v. Rivera-Gomez
 Resisting arrest conviction associated with defendant’s attempt to avoid detection of illegal reentry should be calculated as offense characteristic for sentencing purposes.  | 
Immigration | 
 | 
Dec. 6, 2010 | |
| 
 06-71565 
 | 
Javhlan v. Holder
 Petitioner is entitled to asylum where evidence is presented of repeated and ongoing threats of serious harm in country of origin.  | 
Immigration | 
 | 
Dec. 5, 2010 | |
| 
 09-71987 
 | 
Dent v. Holder
 Aliens have due process rights in deportation proceedings, including access to all documents not considered confidential pertaining to admission or presence in U.S.  | 
Immigration | 
 | 
Nov. 9, 2010 | |
| 
 05-75210 
 | 
Saavedra-Figueroa v. Holder
 Misdemeanor false imprisonment conviction is not crime of moral turpitude subjecting defendant to removability where intent was not base, vile, or depraved.  | 
Immigration | 
 | 
Nov. 7, 2010 | 
