| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-73491
|
Malkandi v. Mukasey
Iraqi's prior misrepresentations to gain refugee status and evidence that he aided al Qaeda operative support adverse national security finding. |
Immigration |
|
Sep. 22, 2008 | |
|
07-55337
|
Diouf v. Mukasey
District court errs in granting habeas petition of alien whose detention was not 'indefinite' under 8 U.S.C. Section 1231(a)(6). |
Immigration |
|
Sep. 19, 2008 | |
|
07-71880
|
Mota v. Mukasey
Conviction for domestic violence prior to IIRIRA's effective date does not render applicant ineligible for cancellation of removal proceedings. |
Immigration |
|
Sep. 18, 2008 | |
|
05-75865
|
Karapetyan v. Mukasey
Substantial evidence does not support immigration judge's decision that asylum applicant failed to establish past or well-founded fear of persecution. |
Immigration |
|
Sep. 17, 2008 | |
|
04-75643
|
Cosa v. Mukasey
Immigration judge's speculation about Millenist faith does not support asylum applicant's adverse credibility finding. |
Immigration |
|
Sep. 16, 2008 | |
|
05-75844
|
Bromfield v. Mukasey
Petitioner is granted review in removal case where country report indicates Jamaica's pattern of persecuting gay men. |
Immigration |
|
Sep. 16, 2008 | |
|
06-17252
|
Hassan v. Chertoff
Court lacks jurisdiction to review government actions challenged by plaintiff denied admission to United States. |
Immigration |
|
Sep. 12, 2008 | |
|
05-75157
|
Figueroa v. Mukasey
Immigration judge applies improper legal standard in determining whether aliens demonstrated removal would result in sufficient hardship on children. |
Immigration |
|
Sep. 11, 2008 | |
|
06-72797
|
Ortiz-Magana v. Mukasey
Conviction under Penal Code Section 245(a)(1) for being accomplice or principal both constitute ‘aggravated felonies’ for immigration purposes, subjecting petitioner to removal. |
Immigration |
|
Sep. 10, 2008 | |
|
07-70604
|
Santos-Lemus v. Mukasey
Board of Immigration Appeals properly concludes that petitioner has unfounded fear of persecution based on family membership. |
Immigration |
|
Sep. 9, 2008 | |
|
06-72369
|
Alanis-Alvarado v. Mukasey
Permanent resident is removable due to violation of protection order even if violence was not involved in conviction. |
Immigration |
|
Sep. 4, 2008 | |
|
07-75041
|
Zhao v. Mukasey
Married couple has well-founded fear of future persecution for continuing spiritual practice banned in China. |
Immigration |
|
Aug. 27, 2008 | |
|
06-74372
|
Dzyuba v. Mukasey
Removal case is remanded for Board of Immigration Appeals to determine whether pre-independent Ukraine qualifies as 'country.' |
Immigration |
|
Aug. 26, 2008 | |
|
06-70361
|
Castro de Mercado v. Mukasey
Appellate court lacks jurisdiction to review immigration judge's decision holding couple's removal would not impose exceptional hardship on family. |
Immigration |
|
Aug. 22, 2008 | |
|
04-15411
|
Garcia de Rincon v. Dept. of Homeland Security
Expedited removal order under Immigration and Nationality Act is not subject to judicial review. |
Immigration |
|
Aug. 22, 2008 | |
|
06-72938
|
Sowe v. Mukasey
BIA must determine whether atrocity of past persecution justifies granting relief to asylum applicant whose fear of future persecution has been rebutted. |
Immigration |
|
Aug. 19, 2008 | |
|
05-72185
|
Cui v. Mukasey
Immigration Judge abuses discretion in refusing to grant applicant continuance to resubmit fingerprints for security check required for withholding of removal. |
Immigration |
|
Aug. 19, 2008 | |
|
04-74010
|
Toufighi v. Mukasey
BIA has broad discretion when ruling on motion to reopen, but must show proper consideration of all favorable and unfavorable factors. |
Immigration |
|
Aug. 18, 2008 | |
|
06-73218
|
Doissaint v. Mukasey
Where Board of Immigration Appeals commits legal error in petitioner's direct appeal, it cannot cure error in denial of motion to reopen. |
Immigration |
|
Aug. 18, 2008 | |
|
06-75823
|
Choin v. Mukasey
K visa holder who was married to United States citizen is improperly denied adjustment of status based on divorce. |
Immigration |
|
Aug. 13, 2008 | |
|
06-74494
|
Romero-Ruiz v. Mukasey
Petitioner who lacked lawful permanent resident status at time of his mother's naturalization is ineligible for derivative citizenship. |
Immigration |
|
Aug. 13, 2008 | |
|
06-70868
|
Lopez-Rodriguez v. Mukasey
Where INS agents perform search in egregious violation of Fourth Amendment, evidence of alienage obtained after violation must be suppressed. |
Immigration |
|
Aug. 11, 2008 | |
|
06-72967
|
Zhu v. Mukasey
In asylum case, petition for review is granted where immigration judge did not assert proper basis for adverse credibility finding. |
Immigration |
|
Aug. 4, 2008 | |
|
07-70606
|
Nehad v. Mukasey
Counsel provides ineffective assistance where he coerced client into accepting voluntary departure by threatening to withdraw. |
Immigration |
|
Aug. 1, 2008 | |
|
07-56261
|
Casas-Castrillon v. Dept. of Homeland Security
Government may not detain alien for seven years without providing him adequate opportunity to contest detention before neutral decision maker. |
Immigration |
|
Jul. 30, 2008 | |
|
04-74576
|
Gonzalez v. Mukasey
Petitioner did not assist in alien smuggling where she merely acquiesced in father's use of U.S. birth certificate to smuggle undocumented infant. |
Immigration |
|
Jul. 30, 2008 | |
|
06-73670
|
Rodriguez-Echeverria v. Mukasey
Immigration Judge errs in determining permanent resident was not under arrest when she gave incriminating statements to border patrol officers. |
Immigration |
|
Jul. 28, 2008 | |
|
07-35458
|
Prieto-Romero v. Clark
Government may continue to detain legal permanent resident for over three years while he seeks administrative and judicial review of removal order. |
Immigration |
|
Jul. 28, 2008 | |
|
06-75217
|
Parussimova v. Mukasey
Ethnic Russian woman is not eligible for asylum where she was not attacked in Kazakhstan on account of protected ground. |
Immigration |
|
Jul. 25, 2008 | |
|
05-74817
|
Singh v. Mukasey
Criminal alien who files more than 30 days after enactment of REAL ID Act is not eligible for judicial review of removal order. |
Immigration |
|
Jul. 24, 2008 |
