Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-77020
|
Grigoryan v. Mukasey
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance. |
Immigration |
|
Feb. 6, 2008 | |
04-73484
|
Morales v. Mukasey
Lawyer provides ineffective assistance to immigrant mother who met physical presence and exceptional hardship requirements for cancellation of removal. |
Immigration |
|
Jan. 25, 2008 | |
06-73237
|
Vizcarra-Ayala v. Mukasey
Defendant’s conviction for forgery under state law is not categorical offense ‘relating to forgery' under Immigration and Naturalization Act. |
Immigration |
|
Jan. 24, 2008 | |
06-73523
|
Perez v. Mukasey
Domestic violence or fourth degree assault is not categorically crime of violence for purposes of removal. |
Immigration |
|
Jan. 23, 2008 | |
06-56084
|
L.A. Closeout Inc. v. Dept. of Homeland Security
Agency properly denies adjustment application based on internal memorandum showing specialty occupation worker did not 'maintain' status after tourist visa expired. |
Immigration |
|
Jan. 22, 2008 | |
03-74488
|
Kalouma v. Gonzales
Immigration judge errs by incorrectly placing burden on asylum applicant to establish his identity under Illegal Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
Jan. 16, 2008 | |
06-73014
|
Arreguin-Moreno v. Mukasey
For purposes of 8 U.S.C. Section 1101, pre-trial detention that is credited as time served for sentence imposed, counts as confinement. |
Immigration |
|
Jan. 15, 2008 | |
05-74688
|
Cerezo v. Mukasey
Leaving scene of accident resulting in bodily injury is not categorically crime involving moral turpitude for purposes of removal. |
Immigration |
|
Jan. 15, 2008 | |
06-74228
|
Fernandez v. Mukasey
Eligibility for cancellation of removal requires applicant to establish removal would result in exceptional and extremely unusual hardship to alien's child. |
Immigration |
|
Jan. 8, 2008 | |
06-30341
|
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. |
Immigration |
|
Jan. 7, 2008 | |
06-75064
|
Estrada-Rodriguez v. Mukasey
Conviction for resisting arrest is ‘crime of violence,’ which qualifies as aggravated felony sufficient to justify alien’s removal. |
Immigration |
|
Dec. 31, 2007 | |
05-70368
|
Arteaga v. Mukasey
Fear of persecution for gang membership in Petitioner's native country, does not qualify him for withholding of removal as member of 'social group.' |
Immigration |
|
Dec. 28, 2007 | |
06-55681
|
Iasu v. Smith
Where petitioner claims American citizenship, REAL ID Act deprives district court of jurisdiction over his challenge to removal order. |
Immigration |
|
Dec. 19, 2007 | |
04-74010
|
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 |
|
Dec. 13, 2007 | |
06-70028
|
Rivera v. Mukasey
Asylum request is properly denied where petitioner's testimony showed lack of credibility. |
Immigration |
|
Dec. 9, 2007 | |
05-70163
|
Mendoza-Mazariegos v. Mukasey
When immigrant has engaged counsel who fails to appear, judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored. |
Immigration |
|
Dec. 6, 2007 | |
06-70396
|
Ramirez v. Mukasey
Inclusion of ‘qualifying crime’ in indictment or complaint is not predicate to alien’s eligibility for temporary ‘U’ nonimmigrant status. |
Immigration |
|
Dec. 4, 2007 | |
06-70663
|
Avila-Sanchez v. Mukasey
Alien deported under lawful removal order and illegally returns cannot dispute law when it undergoes change because final judgment withstands judicial change. |
Immigration |
|
Dec. 3, 2007 | |
07-35021
|
Gonzales v. Dept. of Homeland Security
Alien who is ineligible to apply for re-admission is not eligible to apply for adjustment of status under IIRIRA. |
Immigration |
|
Dec. 2, 2007 | |
05-35715
|
Chaly-Garcia v. U.S.
Guatemalan class member's asylum application satisfies written intent requirement to receive benefits under 'ABC Agreement.' |
Immigration |
|
Nov. 29, 2007 | |
04-72386
|
Vatyan v. Mukasey
Immigration judge erroneously requires certification of public document where asylum petitioner may seek to authenticate it through his own testimony. |
Immigration |
|
Nov. 27, 2007 | |
05-73883
|
Barragan-Lopez v. Mukasey
Permanent resident's conviction for solicitation to possess at least four pounds of marijuana for sale constitutes crime involving moral turpitude justifying removal. |
Immigration |
|
Nov. 25, 2007 | |
05-77020
|
Grigoryan v. Keisler
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance. |
Immigration |
|
Nov. 19, 2007 | |
02-56751
|
Sissoko v. Rocha
Court lacks jurisdiction to hear false arrest claim by alien detained, but not removed, under expedited removal provisions who had habeas remedy available. |
Immigration |
|
Nov. 15, 2007 | |
04-73960
|
Hanna v. Keisler
Fall of Ba’ath party in Iraq is insufficient to remove alien’s fear of future persecution or foreclose his petition for withholding of removal. |
Immigration |
|
Nov. 5, 2007 | |
05-76988
|
Rebilas v. Keisler
Immigrant convicted of attempted public sexual indecency is not removable where conduct falls outside federal definition of attempted sexual abuse of minor. |
Immigration |
|
Nov. 4, 2007 | |
04-71026
|
Jordison v. Keisler
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. |
Immigration |
|
Oct. 30, 2007 | |
06-50438
|
U.S. v. Salazar-Lopez
Failure to allege temporal relationship between alien's removal and prior conviction in indictment is harmless where overwhelming evidence supported enhancement. |
Immigration |
|
Oct. 24, 2007 | |
06-30341
|
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. |
Immigration |
|
Oct. 22, 2007 | |
04-76246
|
Ahmed v. Keisler
Bihari dissident who shows persecution based on political opinion and membership in disfavored group is entitled to asylum and withholding of removal. |
Immigration |
|
Oct. 16, 2007 |