Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
09-35174
|
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 | |
10-72147
|
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 | |
07-70638
|
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 | |
06-73470
|
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 | |
06-74309
|
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 | |
09-73625
|
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 | |
08-71086
|
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 | |
06-72111
|
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 | |
10-70087
|
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 | |
06-75319
|
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 | |
07-70056
|
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 | |
10-50521
|
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 | |
09-56786
|
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 | |
07-71027
|
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 | |
10-71066
|
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 | |
03-74442
|
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 | |
08-71315
|
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 | |
06-73369
|
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 | |
06-73345
|
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 | |
09-17495
|
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 | |
07-70500
|
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 | |
09-72060
|
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 | |
06-73335
|
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 | |
05-74350
|
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 | |
06-70635
|
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 | |
09-70240
|
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 | |
08-73805
|
Hernandez-Cruz v. Holder
Second-degree commercial burglary convictions are not aggravated felonies, and therefore are not grounds for removal. |
Immigration |
|
Jul. 11, 2011 | |
07-70114
|
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 | |
07-70730
|
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 | |
08-72102
|
Ramirez-Villalpando v. Holder
Alien who commits grand theft of property categorically commits aggravated felony, which subjects him to removal. |
Immigration |
|
Jul. 5, 2011 |