| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
Feb. 3, 2011 | |
|
04-76624
|
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 | |
|
07-72316
|
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 | |
|
07-70949
|
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 | |
|
07-74277
|
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 | |
|
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 |
|
Jan. 21, 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 |
|
Jan. 20, 2011 | |
|
06-73365
|
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 | |
|
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 |
|
Jan. 4, 2011 | |
|
06-74213
|
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 | |
|
09-56089
|
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 | |
|
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 |
