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Name Category Published
Vahora v. Holder
Alien demonstrates 'changed circumstances' sufficient to excuse late filing of asylum application although he had experienced violence prior to his entry.
Immigration Apr. 5, 2011
Leiva-Perez v. Holder
Stay of removal is proper where petitioner shows irreparable harm would be probable upon removal and strong likelihood of success on merits of his petition.
Immigration Apr. 3, 2011
Jimenez-Juarez v. Holder
Petitioner is deportable based on state felony conviction for child molestation in third degree, which constitutes crime of child abuse.
Immigration Mar. 31, 2011
Singh v. Holder
Government must prove by clear and convincing evidence that continued detention of alien is justified at bond hearing.
Immigration Mar. 31, 2011
Saucedo-Arevalo v. Holder
For purposes of cancellation of removal, petitioner must satisfy 10-year continuous physical presence requirement and cannot impute physical presence of mother.
Immigration Mar. 30, 2011
Singh v. Holder
Spouse’s lie to immigration authorities is sufficient basis for adverse credibility finding, which is attributable to both spouses.
Immigration Mar. 28, 2011
Abufayad v. Holder
Visa holder is inadmissible for being likely to engage in terrorist activity based on jihadist materials on computer, connections, and background.
Immigration Mar. 28, 2011
Pascua v. Holder
Petitioner may seek discretionary relief from deportation pursuant to statute that was later repealed because deportation proceeding began before passage of new statute.
Immigration Mar. 24, 2011
Bingham v. Holder
Alien admitted under terms of Visa Waiver Program may not challenge action for removal where alien knowingly waived his right to contest removal upon entry.
Immigration Mar. 24, 2011
Ali v. Holder
Government must make individualized determination of how changed country conditions impacted alien’s specific harms to rebut presumption of fear of future persecution.
Immigration Mar. 21, 2011
Martinez-Medina v. Holder
Local deputy sheriff does not egregiously violate Fourth Amendment rights by detaining Mexican nationals who offer information of their illegal presence.
Immigration Mar. 14, 2011
Diouf v. Napolitano
Alien subject to prolonged detention while challenging removal order is entitled to bond hearing to determine dangerousness or flight risk justifying detention.
Immigration Mar. 8, 2011
Gallegos-Vasquez v. Holder
Illegal Immigration Reform and Immigration Responsibility Act does not apply retroactively to deny relief to aliens with settled expectation of relief under INA Section 212(c).
Immigration Mar. 2, 2011
Lui 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 Feb. 24, 2011
U.S. v. Hernandez-Guerrero
Court properly calculates sentencing based on defendant’s illegal reentry date following deportation, rather than arrest date, as date crime commenced.
Immigration Feb. 24, 2011
Abufayad v. Holder
Visa holder is inadmissible for being likely to engage in terrorist activity based on jihadist materials on computer, connections, and background.
Immigration Feb. 17, 2011
Lopez-Birrueta v. Holder
Parent of formerly abused children qualifies for cancellation of removal after demonstrating that children's father beat children while they lived together.
Immigration Feb. 15, 2011
Hernandez-Mancilla v. Holder
Alien is ineligible for cancellation of removal where he had not maintained continuous presence in U.S. for 10 years and immigration procedures did not cause delay.
Immigration Feb. 11, 2011
Malilia v. Holder
Immigration judge errs in denying petitioner’s request for continuance on ground of administrative delay where delay was not attributable to petitioner.
Immigration Feb. 4, 2011
U.S. v. Rivera-Gomez
Resisting arrest conviction associated with defendant’s attempt to avoid detection of illegal reentry should be calculated as offense characteristic for sentencing purposes.
Immigration Feb. 3, 2011
Sharma v. Holder
Petitioner is ineligible for asylum when persecution was not on account of his political views but to force his father from publishing his book.
Immigration Feb. 2, 2011
Rangel-Zuazo v. Holder
Age of offender at time of offense does not play role in determining whether juvenile offender has 'conviction' for purposes of INA.
Immigration Feb. 1, 2011
Young v. Holder
Petitioner’s guilty plea to overly-inclusive statute does not establish grounds for removability absent specific acts to prove conviction was for aggravated felony.
Immigration Jan. 31, 2011
Mejia-Hernandez v. Holder
BIA's reversal of immigration judge’s sua sponte reopening of petitioner’s case is unreviewable in federal court for absence of sufficient standard.
Immigration Jan. 28, 2011
Teposte v. Holder
Conviction for shooting at inhabited vehicle requires only reckless intent under California law, and is not categorically ‘crime of violence’ subjecting defendant to removal.
Immigration Jan. 21, 2011
Viridiana v. Holder
Asylum application filed three months after deadline due to fraud by immigration consultant warrants statutory tolling of deadline.
Immigration Jan. 20, 2011
Li v. Holder
Denial of asylum application due to adverse credibility finding is improperly based on perception of petitioner's ignorance of religious doctrine.
Immigration Jan. 20, 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 Jan. 4, 2011
Rizk v. Holder
Immigration judge’s adverse credibility determination is supported by petitioner’s inconsistent testimony and lack of evidence to show he was being persecuted.
Immigration Jan. 3, 2011
Cabaccang v. United States Citizenship and Immigration Services
Court lacks jurisdiction to determine denial of immigrant status adjustment where removal proceedings are pending and decision is not final.
Immigration Dec. 29, 2010