Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00-70652
|
He v. Ashcroft
Alien is eligible for asylum because BIA's adverse credibility finding is not supported by substantial evidence. |
Immigration |
|
Jun. 24, 2003 | |
02-10128
|
U.S. v. Tinoso
District court exceeded its authority in ordering immediate deportation as condition of supervised release. |
Immigration |
|
Jun. 24, 2003 | |
02-70227
|
Monjaraz-Munoz v. INS
Failure to appeal at deportation hearing due to reliance on attorney's advice is exceptional circumstance beyond alien's control. |
Immigration |
|
Jun. 24, 2003 | |
01-71638
|
Romero-Torres v. Ashcroft
Jurisdiction does not exist to review denial of cancellation of removal based on rejected claim of exceptional and extremely unusual hardship. |
Immigration |
|
Jun. 24, 2003 | |
02-70704
|
Murillo-Salmeron v. INS
Board of Immigration Appeals committed legal error in deporting petitioner based on ineligibility for waiver, which wasn't required in first place. |
Immigration |
|
Jun. 24, 2003 | |
02-30208
|
U.S. v. Mendoza-Reyes
Judge's statement made during voir dire was not error; classification of state offense not error; no ineffective assistance of counsel. |
Immigration |
|
Jun. 23, 2003 | |
01-71231
|
Melkonian v. Ashcroft
Asylum petitioner established well-founded fear of future persecution by Abkhaz Separatists on account of his ethnicity and religion. |
Immigration |
|
Jun. 16, 2003 | |
02-70049
|
Nevarez-Martinez v. INS
Record failed to support Board of Immigration Appeal's conclusion that alien was aggravated felon. |
Immigration |
|
Jun. 16, 2003 | |
00-70724
|
Ramirez-Alejandre v. Ashcroft
Procedures of Board of Immigration Appeals were applied arbitrarily and capriciously and thus denied alien's right to due process. |
Immigration |
|
Jun. 15, 2003 | |
02-50211
|
U.S. v. Rivera-Relle
Successful illegal entry after deportation does not preclude conviction for attempted entry. |
Immigration |
|
Jun. 11, 2003 | |
01-71636
|
Hoxha v. Ashcroft
Whether asylum petitioner has reasonable fear of persecution depends on individual experience and degree of persecution toward ethnic group. |
Immigration |
|
Jun. 10, 2003 | |
01-71529
|
Barthelemy v. Ashcroft
Petitioner cannot establish derivative citizenship through his father where parents were never married, and therefore never legally separated. |
Immigration |
|
Jun. 3, 2003 | |
02-70454
|
Huerta-Guevara v. Ashcroft
Defendant who was convicted of possession of stolen vehicle did not commit aggravated felony that subjected her to removal from country. |
Immigration |
|
May 30, 2003 | |
02-70003
|
Iturribarria v. INS
Alleged claim of ineffective assistance of counsel did not prejudice claim for suspension of deportation. |
Immigration |
|
May 30, 2003 | |
01-70622
|
Cedano-Viera v. Ashcroft
Where there is no jurisdiction to review removal order based on aggravated felony conviction, court also lacks jurisdiction to consider constitutional challenges. |
Immigration |
|
May 30, 2003 | |
01-70973
|
Vasquez-Zavala v. Ashcroft
Remedy of suspended deportation is unavailable where charging documents were filed after Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
May 30, 2003 | |
01-70415
|
Manjiyani v. INS
Alien who did not notify INS of change of address failed to establish that deportation notice was deficient. |
Immigration |
|
May 30, 2003 | |
02-10288
|
U.S. v. Inocencio
District court had jurisdiction to correct its ministerial failure to revoke defendant's naturalization upon conviction of naturalization fraud. |
Immigration |
|
May 19, 2003 | |
01-70643
|
Olivera-Garcia v. INS
Alien granted permanent residence is removable after conviction for aggravated felony. |
Immigration |
|
May 13, 2003 | |
01-1491
|
Demore v. Kim
Legal resident who is detained pending removal hearing is not entitled to bond determination. |
Immigration |
|
May 6, 2003 | |
99-17373
|
Kim v. Ziglar
Lawful permanent resident aliens detained by INS during pendency of removal proceedings are entitled to bail hearing. |
Immigration |
|
May 6, 2003 | |
02-70259
|
Zazueta-Carrillo v. Ashcroft
Under new immigration laws, voluntary departure period begins when Board of Immigration Appeals enters its order. |
Immigration |
|
Mar. 26, 2003 | |
01-71717
|
Guzman v. INS
Board of Immigration Appeals improperly denied petitioner's motion to remand to Immigration Court so he could apply for adjustment of status. |
Immigration |
|
Mar. 24, 2003 | |
90-70474
|
Antonio-Martinez v. INS
Fugitive disentitlement doctrine applies to alien whose whereabouts become unknown while his petition for review of a deportation order is pending. |
Immigration |
|
Mar. 24, 2003 | |
01-71537
|
Salta v. INS
Board of Immigration Appeals abused its discretion when applying evidentiary requirements of certified mail receipt to regular mail delivery. |
Immigration |
|
Mar. 21, 2003 | |
01-57021
|
Zegarra-Gomez v. INS
Deportation subsequent to filing of habeas petition does not moot petition. |
Immigration |
|
Mar. 21, 2003 | |
01-71463
|
Singh v. INS
Immigration board was not required to mail notice to attorney who failed to file notice of appearance on behalf of client. |
Immigration |
|
Mar. 21, 2003 | |
01-71827
|
Vasquez-Lopez v. Ashcroft
Voluntary departure of illegal alien constituted break in continued physical presence. |
Immigration |
|
Mar. 21, 2003 | |
02-10157
|
U.S. v. Luna-Madellaga
Defendant, convicted of unlawful re-entry of deported alien, is subject to enhancement that applies to removal made pursuant to reinstated order. |
Immigration |
|
Mar. 21, 2003 | |
01-50703
|
U.S. v. Lopez-Garcia
Sentencing enhancement was wrongly imposed upon alien smuggler who was found to have recklessly created substantial risk of danger to another. |
Immigration |
|
Mar. 21, 2003 |