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Name Category Published
Khup v. Ashcroft
Burmese religious activist whose associates were tortured and who was warned that he would be tortured suffered past persecution. 		Immigration Feb. 7, 2005
Huang v. Ashcroft
Immigrant seeking deferral of removal under Convention Against Torture must comply with federal deadline. 		Immigration Feb. 6, 2005
Maravilla v. Ashcroft
Motion to seek cancellation of removal due to ineffective assistance of counsel has lower standard than motion on merits. 		Immigration Jan. 18, 2005
Malty v. Ashcroft
Immigration appeals board erred in determining plaintiff had not established changed circumstances sufficient to reopen asylum case. 		Immigration Jan. 18, 2005
Mendiola-Sanchez v. Ashcroft
Application for suspension of deportation was properly denied where petitioners left U.S. for more than 90 days to care for relatives. 		Immigration Jan. 18, 2005
Mashiri v. Ashcroft
Asylum petitioner who shows past persecution does not have to prove that she could have relocated safely within home country. 		Immigration Jan. 18, 2005
Lopez-Alvarado v. Ashcroft
Alien may offer direct testimony to establish 10-year residency required for cancellation of removal. 		Immigration Jan. 17, 2005
U.S. v. Rivera-Guerrero
Magistrate judge lacks authority to order involuntary administration of medication to render alien competent to stand trial. 		Immigration Jan. 11, 2005
Morales-Izquierdo v. Ashcroft
Regulation that authorizes immigration officer to determine deportability of alien conflicts with Immigration and Nationality Act. 		Immigration Jan. 11, 2005
Shire v. Ashcroft
Adverse credibility determination against alien based on speculation was improper. 		Immigration Jan. 11, 2005
Taha v. Ashcroft
Board of Immigration Appeals cannot find that petitioner lacked credibility because his testimony was more detailed than his asylum application. 		Immigration Jan. 11, 2005
Li v. Ashcroft
Alien who committed fraud that caused equivocal amount of money loss is not removable. 		Immigration Jan. 11, 2005
Circu v. Ashcroft
Immigration judge's reliance on country report created two years after asylum hearing did not violate due process. 		Immigration Jan. 11, 2005
Lanza v. Ashcroft
Immigration board's affirmance of deportation order without opinion violates due process and requires clarification. 		Immigration Jan. 11, 2005
Salvador-Calleros v. Ashcroft
Motion for stay of voluntary departure filed on Monday after Saturday when voluntary departure period ended is timely. 		Immigration Jan. 11, 2005
Deloso v. Ashcroft
Asylum-seeker proves that persecution he suffered in the Philippines was, at least in part, on account of his political opinion. 		Immigration Jan. 10, 2005
Rusz v. Ashcroft
Petty theft conviction with burglary prior is not crime for which sentence of one year or longer may be imposed. 		Immigration Jan. 10, 2005
Kaur v. Ashcroft
Asylum petitioner was denied fair hearing when his son was not allowed to testify due to youth. 		Immigration Jan. 10, 2005
Ding v. Ashcroft
Lack of physical restraints during forced abortion is not legitimate basis for adverse credibility finding of asylum petitioner. 		Immigration Jan. 10, 2005
Hamoui v. Ashcroft
Applicant moving to reopen deportation proceeding under Convention Against Torture must only show that torture is more likely than not. 		Immigration Jan. 10, 2005
Zhang v. Ashcroft
Evidence of persecution on account of religious beliefs entitles plaintiff to withholding of removal. 		Immigration Jan. 9, 2005
Mihalev v. Ashcroft
Past persecution need not be solely due to ethnicity to establish eligibility for asylum. 		Immigration Jan. 9, 2005
Sael v. Ashcroft
Indonesian had well-founded fear of future persecution with evidence that ethnic Chinese are significantly disfavored and that she suffered harassment. 		Immigration Dec. 5, 2004
Baltazar-Alcazar v. INS
Aliens challenging deportation did not voluntarily waive right to counsel of choice. 		Immigration Dec. 5, 2004
Khotesouvan v. Morones
Alien cannot claim his removal is not reasonably foreseeable until he has been detained for 90 days. 		Immigration Nov. 30, 2004
Narayan v. Ashcroft
Immigration board will decide whether judge should consider alien's evidence of worsened conditions in native country. 		Immigration Nov. 30, 2004
U.S. v. Rivas-Gonzalez
In sentencing defendant for illegal reentry after deportation, downward departure for cultural assimilation was not available. 		Immigration Nov. 30, 2004
Alcaraz v. INS
Board of Immigration Appeals must determine whether various policy statements by immigration agencies obligated it to 'repaper' aliens. 		Immigration Nov. 30, 2004
Akhtar v. Burzynski
Regulation terminating temporary visas for children of permanent residents when they turn 21 is contrary to congressional intent. 		Immigration Nov. 29, 2004
U.S. v. Ortiz-Lopez
Case is remanded so government may present evidence supporting alien's removability. 		Immigration Nov. 29, 2004
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