Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-73648
|
Ledezma-Galicia v. Holder
Alien convicted of sexually abusing 10-year-old girl before Nov. 18, 1988 is not removable as alien convicted of aggravated felony. |
Immigration |
|
Dec. 22, 2010 | |
06-71794
|
She v. Holder
Immigration judge fails to adequately describe finding of firm resettlement and why alien did not meet burden of proof. |
Immigration |
|
Dec. 14, 2010 | |
06-71848
|
Ocampo v. Holder
Removal order granting voluntary departure becomes final after Board of Immigration Appeals affirms determination, not after petitioner overstays departure period. |
Immigration |
|
Dec. 14, 2010 | |
05-70195
|
Tijani v. Holder
Credit card fraud in violation of California Penal Code Section 532a(1) constitutes crime of moral turpitude, which makes alien removable. |
Immigration |
|
Dec. 6, 2010 | |
08-10480
|
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 |
|
Dec. 6, 2010 | |
06-71565
|
Javhlan v. Holder
Petitioner is entitled to asylum where evidence is presented of repeated and ongoing threats of serious harm in country of origin. |
Immigration |
|
Dec. 5, 2010 | |
09-71987
|
Dent v. Holder
Aliens have due process rights in deportation proceedings, including access to all documents not considered confidential pertaining to admission or presence in U.S. |
Immigration |
|
Nov. 9, 2010 | |
05-75210
|
Saavedra-Figueroa v. Holder
Misdemeanor false imprisonment conviction is not crime of moral turpitude subjecting defendant to removability where intent was not base, vile, or depraved. |
Immigration |
|
Nov. 7, 2010 | |
08-73835
|
Arredondo v. Holder
BIA fails to engage in substantive analysis of decision to dismiss appeal and decline to affirm denial of application for cancellation of removal. |
Immigration |
|
Nov. 2, 2010 | |
06-72510
|
Valadez-Munoz v. Holder
Alien is removable where continuity of domicile is broken by alien’s choice to return to native country in lieu of immigration proceedings. |
Immigration |
|
Oct. 28, 2010 | |
06-72865
|
Mendoza v. Holder
Robbery under California Penal Code Section 211 is crime involving moral turpitude for purposes of Immigration and Nationality Act. |
Immigration |
|
Oct. 27, 2010 | |
08-72516
|
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 |
|
Oct. 26, 2010 | |
06-72609
|
Edu v. Holder
Petitioner does not have to give up political activity to avoid torture and obtain deferral of removal. |
Immigration |
|
Oct. 26, 2010 | |
09-72358
|
Cortez-Guillen v. Holder
State coercion offense is not federal ‘crime of violence’ under categorical approach where threat may be nonviolent to support conviction. |
Immigration |
|
Oct. 5, 2010 | |
09-50059
|
U.S. v. Ramos
Removal through stipulated removal program violates due process where waiver of rights was not adequately explained. |
Immigration |
|
Sep. 27, 2010 | |
05-75622
|
Saval v. Holder
Derivative applicant spouse on deceased spouse's asylum application is not entitled to relief where adverse credibility finding as to deceased spouse was supported. |
Immigration |
|
Sep. 24, 2010 | |
05-75936
|
Vukmirovic v. Holder
Exceptional circumstances exist to warrant rescission of in absentia deportation order where alien's asylum application had not been decided after two decades. |
Immigration |
|
Sep. 9, 2010 | |
05-73517
|
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 |
|
Sep. 3, 2010 | |
08-74483
|
Camacho-Cruz v. Holder
Conviction for assault with deadly weapon under Nevada Revised Statutes Section 200.471 constitutes 'crime of violence,' which makes alien removable. |
Immigration |
|
Sep. 3, 2010 | |
07-71182
|
Arenas De Garcia v. Holder
Court has jurisdiction to review denial by BIA where evidence to reopen is ‘different in kind’ than evidence presented at immigration hearing. |
Immigration |
|
Sep. 2, 2010 | |
08-70390
|
Zetino v. Holder
Petitioner’s due process rights are not violated where Board of Immigration Appeals determines brief was untimely. |
Immigration |
|
Sep. 1, 2010 | |
08-70390
|
Zetino v. Holder
Court lacks jurisdiction to review discretionary decision of BIA without sufficiently meaningful standard to determine abuse of discretion. |
Immigration |
|
Aug. 31, 2010 | |
05-76408
|
Kamalyan v. Holder
Government fails to show that fundamental change in Armenia's treatment of Jehovah’s Witnesses dispelled asylum applicant’s well-founded fear of future persecution. |
Immigration |
|
Aug. 26, 2010 | |
06-71898
|
Daas v. Holder
Conviction for distributing chemicals with cause to believe they will be used to make methamphetamine constitutes aggravated felony. |
Immigration |
|
Aug. 25, 2010 | |
07-16988
|
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 |
|
Aug. 24, 2010 | |
09-70460
|
Rodriguez v. Holder
Alien is ineligible for personal use exception where his conviction for possession of concentrated cannabis was not his only controlled substance offense. |
Immigration |
|
Aug. 24, 2010 | |
07-72415
|
Fernandes v. Holder
Denial of asylum application is proper upon finding applicant is not credible and fabricated entire claim of religious persecution. |
Immigration |
|
Aug. 23, 2010 | |
09-15672
|
Singh v. Clinton
Notice of eligibility for immigrant visa must be sent directly to eligible alien, not third party, as prerequisite for termination of registration. |
Immigration |
|
Aug. 23, 2010 | |
09-35734
|
Ruiz-Diaz v. United States
Regulation properly provides that beneficiaries of special immigrant religious worker visa petitions may apply for adjustment of status only after visa petition approval. |
Immigration |
|
Aug. 23, 2010 | |
05-75726
|
Khadka v. Holder
Adverse credibility finding based on belief that alien created document to support asylum application does not automatically give rise to frivolousness finding. |
Immigration |
|
Aug. 19, 2010 |