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Choin v. Mukasey
K visa holder who was married to United States citizen is improperly denied adjustment of status based on divorce.
Immigration Aug. 13, 2008
Romero-Ruiz v. Mukasey
Petitioner who lacked lawful permanent resident status at time of his mother's naturalization is ineligible for derivative citizenship.
Immigration Aug. 13, 2008
Lopez-Rodriguez v. Mukasey
Where INS agents perform search in egregious violation of Fourth Amendment, evidence of alienage obtained after violation must be suppressed.
Immigration Aug. 11, 2008
Zhu v. Mukasey
In asylum case, petition for review is granted where immigration judge did not assert proper basis for adverse credibility finding.
Immigration Aug. 4, 2008
Nehad v. Mukasey
Counsel provides ineffective assistance where he coerced client into accepting voluntary departure by threatening to withdraw.
Immigration Aug. 1, 2008
Casas-Castrillon v. Dept. of Homeland Security
Government may not detain alien for seven years without providing him adequate opportunity to contest detention before neutral decision maker.
Immigration Jul. 30, 2008
Gonzalez v. Mukasey
Petitioner did not assist in alien smuggling where she merely acquiesced in father's use of U.S. birth certificate to smuggle undocumented infant.
Immigration Jul. 30, 2008
Rodriguez-Echeverria v. Mukasey
Immigration Judge errs in determining permanent resident was not under arrest when she gave incriminating statements to border patrol officers.
Immigration Jul. 28, 2008
Prieto-Romero v. Clark
Government may continue to detain legal permanent resident for over three years while he seeks administrative and judicial review of removal order.
Immigration Jul. 28, 2008
Parussimova v. Mukasey
Ethnic Russian woman is not eligible for asylum where she was not attacked in Kazakhstan on account of protected ground.
Immigration Jul. 25, 2008
Singh v. Mukasey
Criminal alien who files more than 30 days after enactment of REAL ID Act is not eligible for judicial review of removal order.
Immigration Jul. 24, 2008
Tekle v. Mukasey
Where Ethiopian citizen seeks asylum, adverse credibility determination is not supported by substantial evidence.
Immigration Jul. 21, 2008
Dhital v. Mukasey
Immigration Judge properly denies admissibility to Nepalese student who obtained asylum under false identity.
Immigration Jul. 18, 2008
Renteria-Morales v. Mukasey
Conviction for failure to appear in court is deemed not to equate to aggravated felony as defined in 8 U.S.C. Section 1101(a)(43)(T).
Immigration Jul. 11, 2008
Brazil Quality Stones Inc. v. Chertoff
Brazilian CEO not 'primarily employed' in managing small corporation is not eligible for extension of visa.
Immigration Jul. 11, 2008
Dela Cruz v. Mukasey
Pending petition for review of removal order does not toll statutory time limit for filing motion to reopen with BIA.
Immigration Jul. 10, 2008
Williams v. Mukasey
Publication of CAT regulations in Federal Register constitutes sufficient notice of reopening procedures to satisfy due process.
Immigration Jul. 10, 2008
Bustamante v. Mukasey
Where violation of U.S. citizen's constitutional right is implicated, limited review of visa denial to foreigner by consular official is allowed.
Immigration Jul. 10, 2008
Loho v. Mukasey
Where asylum applicant voluntarily returned to native country on two occasions before filing application, adverse credibility finding is proper.
Immigration Jul. 9, 2008
Kawashima v. Mukasey
Immigrants are not removable where crimes they are convicted of do not contain monetary loss element required to show aggravated felony.
Immigration Jul. 2, 2008
Mousa v. Mukasey
Reluctance of Iraqi asylum applicant to disclose rape while imprisoned in Ba'ath party compound does not support adverse credibility finding.
Immigration Jun. 30, 2008
Ram v. Mukasey
Immigrants facing removal proceedings cannot appear pro se without knowingly and voluntarily waiving their right to counsel.
Immigration Jun. 27, 2008
Juarez v. Mukasey
Alien convicted of crime involving moral turpitude is ineligible for cancellation of removal despite his good moral character 10 years before application.
Immigration Jun. 27, 2008
Morgan v. Mukasey
Evidence does not support lack of credibility determination because reasonings do not go to heart of petitioner's claims of past persecution.
Immigration Jun. 26, 2008
Dada v. Mukasey
Alien who makes timely request to withdraw voluntary departure motion must be given opportunity to do so before departure period expires.
Immigration Jun. 17, 2008
Husyev v. Mukasey
Although alien claims fraud by paralegal caused delay, asylum application is rejected as untimely due to inconsistencies in explaining failure to file.
Immigration Jun. 17, 2008
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101.
Immigration Jun. 11, 2008
Lazaro v. Mukasey
Petitioner's Notice to Appear was not defective and did not deprive Immigration Court of jurisdiction to begin removal proceedings.
Immigration Jun. 5, 2008
Ahir v. Mukasey
Alien's asylum application is deemed frivolous and denied due to inconsistent responses regarding arrests for membership in group banned by India's government.
Immigration Jun. 4, 2008
Chen v. Mukasey
Petition is granted and case remanded to Board of Immigration Appeals to decide proper interpretation of filing of frivolous asylum application.
Immigration Jun. 4, 2008