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Avagyan v. Holder
Petitioner is entitled to equitable tolling of adjustment of status claim where delay in seeking adjustment was reasonable based on attorney’s advice.
Immigration Jul. 5, 2011
Antonyan v. Holder
BIA errs in failing to find nexus between asylum-seeker’s mistreatment and whistle-blowing efforts as protected political opinion.
Immigration Jun. 29, 2011
Pagayon v. Holder
Immigration judge may consider alien’s admissions, corroborated by specified set of conviction record documents, as evidence of removability.
Immigration Jun. 26, 2011
Gil v. Holder
State conviction for ‘carrying weapon concealed within vehicle’ is properly deemed ‘firearms offense’ rendering defendant ineligible for cancellation of removal.
Immigration Jun. 22, 2011
Carrillo de Palacios v. Holder
Applicant is inadmissible because she returned to U.S. following one-year period of unlawful presence although one-year period occurred before statute's effective date.
Immigration Jun. 21, 2011
Singh v. Holder
Asylum applicant is not required to provide evidence to corroborate testimony that he filed application within one year after arrival in U.S.
Immigration Jun. 19, 2011
Singh v. Holder
Spouse’s lie to immigration authorities is sufficient basis for adverse credibility finding, which is attributable to both spouses.
Immigration Jun. 9, 2011
Vasquez de Alcantar v. Holder
Petitioner fails to meet continuous residence requirement for cancellation of removal because admission status is achieved only after legal permanent residency is granted.
Immigration Jun. 6, 2011
Guevara v. Holder
Employment authorization issued to undocumented alien pending his status adjustment does not grant ‘admittance in any status’ to qualify for cancellation of removal.
Immigration Jun. 6, 2011
Ixcot v. Holder
Illegal Immigration Reform and Immigration Responsibility Act cannot be applied retroactively to alien who submitted asylum application before its enactment.
Immigration Jun. 2, 2011
Irigoyen-Briones v. Holder
Board of Immigration of Appeals errs in rejecting petitioner’s appeal, which was filed one day after deadline, where deadline was not jurisdictional.
Immigration Jun. 1, 2011
Chamber of Commerce of the United States of America v. Whiting
Federal law does not preempt Arizona law, which requires suspension of business licenses of employers who knowingly employ unauthorized aliens.
Immigration May 27, 2011
Ayala v. Holder
Former military officer must show persecution based on membership in group, not individual threat based on particular incident, to establish asylum eligibility.
Immigration May 20, 2011
Hoang v. Holder
State misdemeanor conviction for rendering criminal assistance is not crime related to obstruction of justice constituting aggravated felony.
Immigration May 18, 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 May 16, 2011
Pannu v. Holder
BIA must reconsider whether failure to register as sex offender constitutes crime of moral turpitude under definition including scienter.
Immigration May 12, 2011
Galindo-Romero v. Holder
Appellate court lacks jurisdiction to review cancellation of removal if neither BIA nor Immigration Judge ever issued final order of removal.
Immigration May 10, 2011
Zheng v. Holder
Board of Immigration Appeals abuses its discretion when it fails to consider petitioner’s value and service to community in deciding relief for removability.
Immigration May 9, 2011
Go v. Holder
Petitioner’s claim under Convention Against Torture fails because lack of harm to co-defendant in criminal prosecution undercut his fear of harm.
Immigration May 6, 2011
Paulo v. Holder
Immigration judge is precluded from determining petitioner is ineligible for relief under Immigration and Nationality Act where district court previously determined eligibility.
Immigration May 5, 2011
Liu v. Holder
Adverse credibility finding based on date discrepancy and failure to mention element central to asylum claim does not necessarily support frivolous finding.
Immigration May 4, 2011
Singh v. Holder
Asylum application is properly denied when basis of petitioner’s asylum claim was based on admitted falsehoods, supporting adverse credibility determination.
Immigration May 4, 2011
Zamanov v. Holder
Additional incidents described in supplemental declaration materially alter asylum applicant's account of persecution, casting doubt on credibility.
Immigration May 2, 2011
Perez-Mejia v. Holder
Government is relieved of burden of offering further evidence to prove removability because alien admitted conviction and conceded removability at pleading stage.
Immigration Apr. 21, 2011
Singh v. Napolitano
Petitioner seeking habeas relief must bring issue of ineffective assistance of counsel to Board of Immigration Appeals to exhaust administrative remedies.
Immigration Apr. 18, 2011
Castro-Martinez v. Holder
Petitioner fails to demonstrate ‘past persecution’ for purposes of asylum based on childhood sexual abuse because private actors inflicted attack.
Immigration Apr. 17, 2011
Garfias-Rodriguez v. Holder
Recidivists who enter U.S. multiple times without inspection are ineligible for adjustment of status even under limited exemption from general rule.
Immigration Apr. 11, 2011
Reyes-Torres v. Holder
BIA errs in dismissing motion to reopen filed after petitioner had been removed because ‘departure bar’ does not preclude review.
Immigration Apr. 7, 2011
Gonzalez-Medina v. Holder
Asylum application is denied because one-year filing deadline does not violate Equal Protection and domestic abuse in U.S. is not ‘past persecution.’
Immigration Apr. 7, 2011
Vukmirovic v. Holder
'Exceptional circumstances' safe harbor for alien removed in absentia does not apply where he failed to inform government about address change.
Immigration Apr. 6, 2011