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Velazquez-Herrera v. Gonzales
In removal case, BIA is afforded opportunity to issue precedential decision regarding definition of child abuse.
Immigration Jan. 11, 2007
Nath v. Gonzales
Motion to reopen is remanded so BIA may reconsider whether offense that alien pleaded guilty to qualifies as 'aggravated felony' for removal purposes.
Immigration Jan. 9, 2007
Singh v. Gonzales
Where BIA satisfied its regulatory obligation by mailing decision to alien's address, alien filing untimely appeal was not entitled to reopen matter.
Immigration Jan. 9, 2007
U.S. v. Resendiz-Ponce
Government's failure to allege specific overt act in illegal alien's indictment for attempted entry was fatal defect.
Immigration Jan. 9, 2007
Garcia-Jimenez v. Gonzales
Petitioner is barred from obtaining cancellation of removal where he had received waiver of deportation as to his convictions.
Immigration Jan. 8, 2007
Morales v. Gonzales
Appellate court may have jurisdiction to review immigration judge's denial of application for asylum, withholding of removal, and Convention Against Torture relief.
Immigration Jan. 8, 2007
Ochoa-Amaya v. Gonzales
Period between filing of visa petition and its approval was properly deducted from alien's age to determine his eligibility under Child Status Protection Act.
Immigration Jan. 5, 2007
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings.
Immigration Jan. 2, 2007
Rafaelano v. Wilson
Where appeal is treated as petition for review, matter is transferred to BIA to determine if prior order became effective order of deportation.
Immigration Dec. 22, 2006
Family Inc. v. U.S. Citizenship and Immigration Services
Substantial evidence supported finding that alien was not engaged primarily in managerial duties, thus petition for reclassification of status was properly denied.
Immigration Dec. 7, 2006
Lopez v. Gonzales
Order of removal is not proper where drug possession is not felony under Controlled Substances Act.
Immigration Dec. 7, 2006
Serrano v. Gonzales
In removal case, petitioner fails to assert valid due process ineffective assistance of counsel claim.
Immigration Dec. 7, 2006
Valencia-Alvarez v. Gonzales
Application of law which stops accrual of continuous presence in United States when offense is committed does not have impermissible retroactive effect.
Immigration Dec. 7, 2006
Galeana-Mendoza v. Gonzales
Because convictions for battery were not 'crimes involving moral turpitude,' alien was eligible for cancellation of removal on that ground.
Immigration Dec. 7, 2006
Granados-Oseguera v. Gonzales
BIA must reconsider motion to reopen where petitioner claimed ineffective assistance of counsel.
Immigration Dec. 5, 2006
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings.
Immigration Dec. 5, 2006
Puri v. Gonzales
REAL ID Act divests district courts of jurisdiction over orders of removal, but provides appellate court review, which is adequate substitute.
Immigration Dec. 5, 2006
Mendez-Alcaraz v. Gonzales
Appeal of motion to reconsider was properly dismissed as untimely where alien failed to present viable argument to support equitable tolling.
Immigration Nov. 29, 2006
U.S. v. Covian-Sandoval
Errors committed by court during plea colloquy and sentencing did not warrant relief under plain error standard of review.
Immigration Nov. 8, 2006
Padilla-Padilla v. Gonzales
BIA does not have authority to reduce voluntary departure period granted by immigration judge in 'streamlined' affirmance.
Immigration Nov. 8, 2006
Perez-Enriquez v. Gonzales
Admissibility for agricultural worker under SAW program is determined as of date of adjustment of status as lawful temporary resident.
Immigration Nov. 8, 2006
U.S. v. Ballesteros-Selinger
Memorandum recording oral decision in prior deportation hearing is not testimonial hearsay and may be admitted without violating Confrontation Clause.
Immigration Oct. 26, 2006
Cardoso-Tlaseca v. Gonzales
In removal case, where question existed concerning whether alien's drug conviction was vacated on the merits, case must be remanded.
Immigration Oct. 26, 2006
Tijani v. Willis
Under 8 U.S.C. Section 1226(c), two years and four months is not 'expeditious' removal of criminal aliens.
Immigration Oct. 24, 2006
U.S. v. Hernandez
Sentence enhancement for illegal reentry was proper because government did not have to prove previous deportation was pursuant to felony conviction.
Immigration Oct. 24, 2006
Salviejo-Fernandez v. Gonzales
Notice to Appear need not include conviction that is not ground for removal but is ground for denial of relief from removal.
Immigration Oct. 23, 2006
Navarro-Lopez v. Gonzales
Removal is proper where petitioner's accessory after fact conviction constitutes crime of moral turpitude.
Immigration Oct. 23, 2006
Acosta v. Gonzales
Alien inadmissible for accruing more than one year of unlawful presence is eligible for penalty-fee adjustment of status.
Immigration Oct. 22, 2006
Suntharalinkam v. Gonzales
In denying alien's application for asylum, immigration judge improperly determined that discrepancies warranted adverse credibility finding.
Immigration Oct. 19, 2006
Ornelas-Chavez v. Gonzales
Reporting persecution is not prerequisite for relief under IIRIRA, and relief under CAT is predicated on official acquiescence, not 'sanctioning,' of torture.
Immigration Oct. 19, 2006