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U.S. v. Ahumada-Aguilar
Alien who was denied right to counsel during deportation proceeding is not liable for subsequently re-entering United States.
Immigration Sep. 17, 2002
Singh v. INS
Petitioner, who demonstrated that 'exceptional circumstances' caused his failure to appear, is entitled to recission of deportation order issued in absentia.
Immigration Sep. 17, 2002
U.S. v. Martinez-Martinez
Motion for downward departure, attacking validity of prior state court conviction, is prohibited collateral attack.
Immigration Sep. 17, 2002
Virk v. INS
Alien who entered into sham marriage may be eligible for waiver of deportation.
Immigration Sep. 17, 2002
Cardenas v. INS
Board of Immigration Appeals improperly denied asylum application where fear of future persecution was established.
Immigration Sep. 10, 2002
Ruano v. Ashcroft
Petitioner establishes past persecution where he received death threats for six years at his home and was repeatedly chased by armed men.
Immigration Sep. 8, 2002
Angulo-Dominguez v. Ashcroft
Party is ineligible for relief under Registry Statute because of his record of lawful entry and his convictions for controlled substance violations.
Immigration Sep. 3, 2002
Singh v. Ashcroft
Immigration judge improperly found asylum applicant's credibility as adverse.
Immigration Sep. 2, 2002
Molina-Estrada v. INS
Immigrant is ineligible for cancellation of removal because mother is not lawful permanent resident.
Immigration Aug. 26, 2002
Hernandez-Mezquita v. Ashcroft
Filing deadline under Nicaraguan Adjustment and Central American Relief Act is constitutional.
Immigration Aug. 25, 2002
Alcarez-Garcia v. Ashcroft
Individual who generally worked in U.S. for nine months out of each year, over nine-year period, established residency.
Immigration Aug. 25, 2002
Chen v. Ashcroft
Alien facing imprisonment and torture for mother's debt upon return to home country is entitled to asylum.
Immigration Aug. 8, 2002
Armendariz-Montoya v. Sonchik
Deportation proceedings commence with filing of order to show cause with immigration court.
Immigration Aug. 8, 2002
U.S. v. Corona-Sanchez
California state conviction for petty theft of cigarettes and beer does not constitute aggravated felony for sentencing enhancement purposes.
Immigration Aug. 7, 2002
Abreu-Reyes v. INS
Resident's conviction of aggravated felony is proper grounds for removal.
Immigration Aug. 7, 2002
Singh v. INS
Board's reliance on asylum applicant's airport interview is not valid ground for adverse credibility determination because translator didn't speak his language.
Immigration Aug. 7, 2002
Krastev v. INS
Board of Immigration Appeals erroneously concluded evidence of changed conditions in Bulgaria rebutted fear of future persecution.
Immigration Aug. 7, 2002
U.S. v. Salgado
Statements made by illegal alien while in custody for unrelated charges are admissible in immigration proceeding.
Immigration Aug. 7, 2002
Paramasamy v. Ashcroft
Immigration judge's boilerplate adverse credibility findings of asylum petitioner are not supported by substantial evidence.
Immigration Jul. 22, 2002
Ramirez-Castro v. Immigration and Naturalization Service
Order of state court, expunging party's misdemeanor conviction after successful completion of probation, does not eliminate immigration consequences.
Immigration Jul. 9, 2002
U.S. v. Godinez-Rabadan
Indictment for unlawful re-entry of deported alien need not indicate exact date defendant was found in United States.
Immigration Jul. 2, 2002
Rios v. Ashcroft
Aliens whose lives were threatened in Guatemala for political reasons are entitled to asylum.
Immigration May 6, 2002
Vargas-Garcia v. INS
Combination of Notice of Appeal form, BIA's strict requirements and failure to give warning of appeal dismissal violated alien's due process rights.
Immigration May 6, 2002
Hoang v. Comfort
Mandatory detention of criminal aliens pending removal proceedings is unconstitutional.
Immigration May 1, 2002
Rodriguez-Lariz v. INS
Aliens whose attorney failed to file timely application to suspend deportation may have case reopened.
Immigration May 1, 2002
Sibanda v. INS
Aliens are ineligible to apply for suspension of deportation proceedings because they did not accumulate seven years of continuos residence.
Immigration May 1, 2002
Khalayleh v. INS
Bank fraud is aggravated felony justifying removal of alien.
Immigration Apr. 29, 2002
Papa v. United States
Statute of limitations period for minor children's 'Bivens' claims is tolled until they reach age of majority or file suit.
Immigration Apr. 24, 2002
Salazar-Paucar v. INS
Asylum petition is granted where INS failed to rebut presumption of well-founded fear of persecution by Peruvian guerrillas.
Immigration Apr. 24, 2002
Gui v. INS
Asylum applicant's lack of physical injury does not rebut finding of credibility for applicant's fear of past and future persecution.
Immigration Apr. 4, 2002