Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-35863
|
Almaghzar v. Gonzales
Immigration judge did not violate immigrant's due process rights when judge allowed immigrant to present evidence of Convention Against Torture claim. |
Immigration |
|
Aug. 4, 2006 | |
03-70191
|
Kumar v. Gonzales
Alien demonstrating both past and future persecution on account of imputed political opinion is eligible for asylum. |
Immigration |
|
Jul. 3, 2006 | |
04-1376
|
Fernandez-Vargas v. Gonzales
New removal reinstatement provision applies to aliens who re-entered United States before IIRIRA's effective date and does not have impermissible retroactive effect. |
Immigration |
|
Jun. 28, 2006 | |
03-72159
|
Yeghiazaryan v. Gonazales
In asylum case, petitioner was prejudiced because he was prevented from correcting mistranslation at his hearing before immigration judge. |
Immigration |
|
Jun. 26, 2006 | |
03-71255
|
Singh v. Gonzales
Immigration judge's credibility findings concerning alien's inconsistent testimony were not supported by substantial evidence. |
Immigration |
|
Jun. 26, 2006 | |
03-72028
|
Valencia v. Gonzales
Alien's conviction for felony statutory rape under California law does not constitute crime of violence for removal purposes. |
Immigration |
|
Jun. 26, 2006 | |
05-56759
|
Nadarajah v. Gonzales
Motion for immediate release from detention is granted where detention is unreasonable, unjustified and violates federal law. |
Immigration |
|
Jun. 26, 2006 | |
02-56751
|
Sissoko v. Rocha
Court had jurisdiction to hear claim against immigration officer where record did not show claim arose from decision to commence expedited removal proceedings. |
Immigration |
|
Jun. 20, 2006 | |
03-72501
|
Ray v. Gonzales
Immigrant's motion to reopen proceedings should have been granted in light of his attorneys' ineffective assistance of counsel. |
Immigration |
|
Jun. 6, 2006 | |
04-71554
|
Ibarra-Flores v. Gonzales
Testimony before immigration judge suggests that because of immigration officers' misrepresentations, petitioner did not knowingly and voluntarily accept administrative voluntary departure. |
Immigration |
|
Jun. 6, 2006 | |
02-72733
|
Fernandez v. Gonzales
Court lacked jurisdiction to review Board of Immigration Appeals' decision where petitioner failed to prima facie meet hardship requirement for removal cancellation. |
Immigration |
|
Jun. 6, 2006 | |
04-70422
|
Lin v. Gonzales
Without objective support of adverse credibility finding based on documentary evidence, immigration judge's suspicions do not constitute substantial evidence. |
Immigration |
|
Apr. 7, 2006 | |
04-10590
|
U.S. v. Alferahin
Court erred in failing to instruct jury that it had to find alien's misrepresentations were material before it could convict him of procuring naturalization by fraud. |
Immigration |
|
Apr. 6, 2006 | |
03-73689
|
Kelava v. Gonzales
Alien who engaged in terrorist activity during 1970s is ineligible for discretionary relief. |
Immigration |
|
Apr. 6, 2006 | |
03-72501
|
Ray v. Gonzales
Denial of alien's motions to reopen case dismissed on procedural grounds was improper when evidence of ineffective assistance of counsel was presented. |
Immigration |
|
Mar. 20, 2006 | |
03-70191
|
Kumar v. Gonzales
Alien demonstrating both past and future persecution on account of imputed political opinion is eligible for asylum. |
Immigration |
|
Mar. 20, 2006 | |
03-71578
|
Penuliar v. Ashcroft
Crimes of unlawful taking of vehicle and evading officer do not qualify as aggravated felonies for purposes of deportation. |
Immigration |
|
Mar. 20, 2006 | |
02-72390
|
Abebe v. Gonzales
Female genital mutilation constitutes well-founded fear of persecution sufficient to support asylum claim. |
Immigration |
|
Mar. 16, 2006 | |
03-72021
|
Masnauskas v. Gonzales
Nationality-based classification in Nicaraguan Relief Act was constitutional because it was rationally related to legitimate foreign policy interest. |
Immigration |
|
Mar. 16, 2006 | |
04-50519
|
U.S. v. Leal-Cruz
In attempted illegal re-entry case, defendant has burden of proving duress defense because it does not negate required element of specific intent. |
Immigration |
|
Mar. 1, 2006 | |
03-72028
|
Valencia v. Gonzales
Sexual intercourse with minor is not 'crime of violence' for which alien could be found removable. |
Immigration |
|
Mar. 1, 2006 | |
03-72159
|
Yeghiazaryan v. Gonzales
In asylum case, petitioner was prejudiced because he was prevented from correcting mistranslation at his hearing before immigration judge. |
Immigration |
|
Mar. 1, 2006 | |
03-56809
|
Carbonell v. INS
Under Equal Access to Justice Act, Congress has authorized fee recovery by prevailing parties. |
Immigration |
|
Feb. 14, 2006 | |
04-50390
|
U.S. v. Lombera-Valdovinos
To be found guilty of attempted illegal re-entry, alien must have specific intent to re-enter free from official restraint. |
Immigration |
|
Feb. 14, 2006 | |
03-74615
|
Tapia v. Gonzales
Being turned away at border by immigration officials does not itself interrupt accrual of alien's continuous physical presence. |
Immigration |
|
Feb. 14, 2006 | |
03-73562
|
Cuevas-Gaspar v. Gonzales
For purposes of determining eligibility for cancellation of removal, parent's admission for permanent resident status is imputed to minor children living with parent. |
Immigration |
|
Feb. 14, 2006 | |
03-74083
|
Sotelo v. Gonzales
Because aliens are not 'Barahona-Gomez' class members under settlement agreement, their motion to reopen deportation proceedings was properly denied. |
Immigration |
|
Feb. 14, 2006 | |
03-72552
|
Barroso v. Gonzales
Alien's voluntary departure period was tolled while he was awaiting decision on his motion to reconsider. |
Immigration |
|
Feb. 10, 2006 | |
03-50414
|
U.S. v. Gonzalez
Alien is barred from collaterally attacking validity of underlying deportation order when he validly waives right to appeal order. |
Immigration |
|
Feb. 10, 2006 | |
02-74417
|
Gu v. Gonzales
Single occasion of harassment by officials did not support alien's claims of past and future persecution. |
Immigration |
|
Feb. 10, 2006 |