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Gonzales v. U.S. Dept. of Homeland Security
Appellate court ruling, which held that applicants could not adjust status because they were ineligible to receive Form I-212 waivers, applies retroactively.
Immigration Oct. 26, 2011
Arsdi v. Holder
Alien fails to exhaust administrative remedies in challenging IJ’s ruling that crime was 'particularly serious' where he only raised general allegations in appeal to BIA.
Immigration Oct. 25, 2011
Meza-Vallejos v. Holder
Petitioner may file motion affecting request for voluntary departure on first business day following voluntary departure period where expiration date fell on Saturday.
Immigration Oct. 11, 2011
Jiang v. Holder
Immigration judge errs in refusing to allow alien to authenticate foreign documents through his own testimony to prove unmarried status.
Immigration Sep. 26, 2011
Haile v. Holder
Alien is eligible for deferral removal despite terrorist involvement where alien demonstrated likelihood of torture by government if returned to country of citizenship.
Immigration Sep. 26, 2011
Cole v. Holder
Denial of application for relief under Convention Against Torture is improper because BIA failed to give reasoned consideration to potentially dispositive expert testimony.
Immigration Sep. 22, 2011
Luna v. Holder
Petitioner fails to show due diligence in discovering deadline for filing special motion to reopen and thus, is not entitled to equitable tolling of deadline.
Immigration Sep. 19, 2011
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year.
Immigration Sep. 15, 2011
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony.
Immigration Sep. 13, 2011
Santiago-Rodriguez v. Holder
Attorney’s admission of allegations on behalf of alien in removal proceedings is egregious circumstance where admission is not probative of truth of allegation.
Immigration Sep. 12, 2011
Singh v. Holder
Delay in filing of asylum application is reasonable where filing occurred within six months of lawful nonimmigrant status expiration, and in light of government’s delay.
Immigration Sep. 9, 2011
U.S. v. Cisneros-Resendiz
Failure to advise alien of right to withdraw application for admission is not fundamentally unfair where alien failed to establish factors directly relating to inadmissibility.
Immigration Sep. 7, 2011
Cuellar de Osorio v. Mayorkas
Child Status Protection Act’s priority date retention does not apply to aged-out derivative beneficiaries whose relatives filed petitions through family-sponsored immigration process.
Immigration Sep. 6, 2011
Li v. Holder
Immigration judge properly exercises discretion in denying asylum to alien who entered country in egregious manner that carried high risk of death.
Immigration Sep. 2, 2011
Khoshfahm v. Holder
Parent’s intent to abandon legal residency status is imputed to unemancipated minor child, until child turns 18 years old.
Immigration Aug. 26, 2011
Delgado v. Holder
For asylum purposes, BIA is permitted to determine whether alien's DUI convictions are particularly serious, making him ineligible for asylum.
Immigration Aug. 22, 2011
Ren v. Holder
Alien is not entitled to relief due to lack of corroborative evidence despite impermissible adverse credibility determination based on trivial inconsistencies and mischaracterizations.
Immigration Aug. 22, 2011
Pinto v. Holder
BIA decision denying relief from removal but remanding case for voluntary departure proceedings remains reviewable as final order of removal.
Immigration Aug. 15, 2011
Soriano-Vino v. Holder
Information obtained from permanent residency card, and not application for Special Agricultural Workers program, does not violate confidentiality provision under program.
Immigration Aug. 11, 2011
Leonardo v. Crawford
Petitioner alleging prolonged immigration detention must exhaust administrative remedies by appealing to BIA following ‘Casas’ hearing, before seeking habeas review.
Immigration Aug. 4, 2011
Singh v. Holder
Petitioner's counsel renders ineffective assistance, which prejudiced petitioner, by deciding to file motion to remand, instead of seeking stay of voluntary departure.
Immigration Jul. 22, 2011
Rodriguez-Valencia v. Holder
Conviction for unauthorized imitation of trademarks constitutes ‘aggravated felony’ as offense relating to counterfeiting for removal purposes.
Immigration Jul. 22, 2011
Viridiana v. Holder
Asylum application filed three months after deadline due to fraud by immigration consultant warrants statutory tolling of deadline.
Immigration Jul. 20, 2011
Nunez-Reyes v. Holder
State-court conviction for simple drug possession, which was later expunged, constitutes ‘conviction’ for federal immigration purposes.
Immigration Jul. 15, 2011
Gomez-Granillo v. Holder
Immigration judge may consider all evidence known, and make credibility determination of alien’s testimony, to support reasonable belief that alien was drug trafficker.
Immigration Jul. 15, 2011
Hu v. Holder
BIA errs in finding asylum-seeker’s past mistreatment was not based on protected ground when abuse was motivated by political opinion imputed on him by police.
Immigration Jul. 15, 2011
Hernandez-Cruz v. Holder
Second-degree commercial burglary convictions are not aggravated felonies, and therefore are not grounds for removal.
Immigration Jul. 11, 2011
Perez-Ramirez v. Holder
Asylum applicant qualifies as whistleblower where he was retaliated against for reporting corruption, regardless of whether corruption was exposed to outside agency.
Immigration Jul. 11, 2011
Planes v. Holder
Petitioner is removable due to convictions for two crimes involving moral turpitude, although district court had not yet issued decision regarding sentence on remand.
Immigration Jul. 6, 2011
Ramirez-Villalpando v. Holder
Alien who commits grand theft of property categorically commits aggravated felony, which subjects him to removal.
Immigration Jul. 5, 2011