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Fonseca v. Fong (San Francisco Police Department)
Notification requirement concerning suspected illegal aliens arrested for certain enumerated drug offenses is not preempted by federal immigration law.
Immigration Nov. 18, 2008
Flores-Torres v. Mukasey
District court has jurisdiction to determine whether resident is U.S. citizen for purposes of immunity from detention.
Immigration Nov. 11, 2008
Latu v. Mukasey
Violation of Hawaiian statute that requires driver to provide information following certain accidents is not crime involving moral turpitude.
Immigration Nov. 4, 2008
Balam-Chuc v. Mukasey
Petition for adjustment of status by alien married to U.S. citizen is denied where filed after deadline under statute of repose.
Immigration Oct. 27, 2008
Shin v. Mukasey
Petitioner on expired tourist visa is removed to South Korea after fraudulently obtaining green card.
Immigration Oct. 24, 2008
Fonseca v. Fong (San Francisco Police Dept.)
Notification requirement concerning suspected illegal aliens arrested for certain enumerated drug offenses is not preempted by federal immigration law.
Immigration Oct. 23, 2008
Estrada-Espinoza v. Mukasey
Convictions under California statutory rape provisions do not categorically constitute 'sexual abuse of minor.'
Immigration Oct. 21, 2008
Delgado v. Mukasey
Asylum is denied where petitioner's DUI convictions, which are not aggravated felonies, constitute 'particularly serious crimes.'
Immigration Oct. 9, 2008
Granados-Oseguera v. Mukasey
Despite legally cognizable ineffective assistance of counsel claim, BIA properly denies motion to reopen where petitioner overstayed voluntary departure period.
Immigration Oct. 8, 2008
Martinez v. Mukasey
Petitioner's lies concerning reasons for asylum request result in adverse credibility finding.
Immigration Oct. 7, 2008
Ngaeth v. Mukasey
Entering locked vehicle with intent to commit theft is aggravated felony subjecting alien to removability.
Immigration Sep. 25, 2008
Malkandi v. Mukasey
Iraqi's prior misrepresentations to gain refugee status and evidence that he aided al Qaeda operative support adverse national security finding.
Immigration Sep. 22, 2008
Diouf v. Mukasey
District court errs in granting habeas petition of alien whose detention was not 'indefinite' under 8 U.S.C. Section 1231(a)(6).
Immigration Sep. 19, 2008
Mota v. Mukasey
Conviction for domestic violence prior to IIRIRA's effective date does not render applicant ineligible for cancellation of removal proceedings.
Immigration Sep. 18, 2008
Karapetyan v. Mukasey
Substantial evidence does not support immigration judge's decision that asylum applicant failed to establish past or well-founded fear of persecution.
Immigration Sep. 17, 2008
Cosa v. Mukasey
Immigration judge's speculation about Millenist faith does not support asylum applicant's adverse credibility finding.
Immigration Sep. 16, 2008
Bromfield v. Mukasey
Petitioner is granted review in removal case where country report indicates Jamaica's pattern of persecuting gay men.
Immigration Sep. 16, 2008
Hassan v. Chertoff
Court lacks jurisdiction to review government actions challenged by plaintiff denied admission to United States.
Immigration Sep. 12, 2008
Figueroa v. Mukasey
Immigration judge applies improper legal standard in determining whether aliens demonstrated removal would result in sufficient hardship on children.
Immigration Sep. 11, 2008
Ortiz-Magana v. Mukasey
Conviction under Penal Code Section 245(a)(1) for being accomplice or principal both constitute ‘aggravated felonies’ for immigration purposes, subjecting petitioner to removal.
Immigration Sep. 10, 2008
Santos-Lemus v. Mukasey
Board of Immigration Appeals properly concludes that petitioner has unfounded fear of persecution based on family membership.
Immigration Sep. 9, 2008
Alanis-Alvarado v. Mukasey
Permanent resident is removable due to violation of protection order even if violence was not involved in conviction.
Immigration Sep. 4, 2008
Zhao v. Mukasey
Married couple has well-founded fear of future persecution for continuing spiritual practice banned in China.
Immigration Aug. 27, 2008
Dzyuba v. Mukasey
Removal case is remanded for Board of Immigration Appeals to determine whether pre-independent Ukraine qualifies as 'country.'
Immigration Aug. 26, 2008
Castro de Mercado v. Mukasey
Appellate court lacks jurisdiction to review immigration judge's decision holding couple's removal would not impose exceptional hardship on family.
Immigration Aug. 22, 2008
Garcia de Rincon v. Dept. of Homeland Security
Expedited removal order under Immigration and Nationality Act is not subject to judicial review.
Immigration Aug. 22, 2008
Sowe v. Mukasey
BIA must determine whether atrocity of past persecution justifies granting relief to asylum applicant whose fear of future persecution has been rebutted.
Immigration Aug. 19, 2008
Cui v. Mukasey
Immigration Judge abuses discretion in refusing to grant applicant continuance to resubmit fingerprints for security check required for withholding of removal.
Immigration Aug. 19, 2008
Toufighi v. Mukasey
BIA has broad discretion when ruling on motion to reopen, but must show proper consideration of all favorable and unfavorable factors.
Immigration Aug. 18, 2008
Doissaint v. Mukasey
Where Board of Immigration Appeals commits legal error in petitioner's direct appeal, it cannot cure error in denial of motion to reopen.
Immigration Aug. 18, 2008