Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-71190
|
Ram v. Mukasey
Immigrants facing removal proceedings cannot appear pro se without knowingly and voluntarily waiving their right to counsel. |
Immigration |
|
Jun. 27, 2008 | |
04-75717
|
Juarez v. Mukasey
Alien convicted of crime involving moral turpitude is ineligible for cancellation of removal despite his good moral character 10 years before application. |
Immigration |
|
Jun. 27, 2008 | |
05-70590
|
Morgan v. Mukasey
Evidence does not support lack of credibility determination because reasonings do not go to heart of petitioner's claims of past persecution. |
Immigration |
|
Jun. 26, 2008 | |
06-1181
|
Dada v. Mukasey
Alien who makes timely request to withdraw voluntary departure motion must be given opportunity to do so before departure period expires. |
Immigration |
|
Jun. 17, 2008 | |
05-75177
|
Husyev v. Mukasey
Although alien claims fraud by paralegal caused delay, asylum application is rejected as untimely due to inconsistencies in explaining failure to file. |
Immigration |
|
Jun. 17, 2008 | |
03-71578
|
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101. |
Immigration |
|
Jun. 11, 2008 | |
05-70165
|
Lazaro v. Mukasey
Petitioner's Notice to Appear was not defective and did not deprive Immigration Court of jurisdiction to begin removal proceedings. |
Immigration |
|
Jun. 5, 2008 | |
04-73464
|
Ahir v. Mukasey
Alien's asylum application is deemed frivolous and denied due to inconsistent responses regarding arrests for membership in group banned by India's government. |
Immigration |
|
Jun. 4, 2008 | |
04-72413
|
Chen v. Mukasey
Petition is granted and case remanded to Board of Immigration Appeals to decide proper interpretation of filing of frivolous asylum application. |
Immigration |
|
Jun. 4, 2008 | |
04-74825
|
Sandoval-Luna v. Mukasey
Petitioner's due process and equal protection arguments fail to overturn immigration judge's denial of continuance in removal case. |
Immigration |
|
May 23, 2008 | |
06-74186
|
Mandujano-Real v. Mukasey
Conviction for identity theft under Oregon Revised Statute is not aggravated felony theft offense for purposes of removability. |
Immigration |
|
May 23, 2008 | |
05-76988
|
Rebilas v. Mukasey
Immigrant convicted of attempted public sexual indecency is not removable where conduct falls outside federal definition of attempted sexual abuse of minor. |
Immigration |
|
May 19, 2008 | |
06-70851
|
Mendez-Mendez v. Mukasey
Alien's due process rights are not violated where he receives full hearing and has three months to file applications for relief. |
Immigration |
|
May 9, 2008 | |
06-73822
|
Silaya v. Mukasey
Philippine native subjected to past persecution on account of imputed political opinion is eligible for asylum. |
Immigration |
|
May 7, 2008 | |
05-74776
|
Martinez-Merino v. Mukasey
Alien who suffers no prejudice after returning illegally cannot attack reinstatement order by reopening removal order based on procedural defect. |
Immigration |
|
May 6, 2008 | |
04-73671
|
Fakhry v. Mukasey
Immigration judge erred in denying petitioner's application for asylum based on 'changed circumstances' exception to one-year bar on filing asylum claims. |
Immigration |
|
May 6, 2008 | |
06-71430
|
Chen v. Mukasey
Court defers to decision to deny asylum to alien who does not qualify under 8 U.S.C. Section 1229a(c)(7). |
Immigration |
|
May 5, 2008 | |
04-72696
|
Hernandez v. Mukasey
Reliance upon advice of non-attorney cannot form basis of claim for ineffective assistance of counsel in removal proceeding. |
Immigration |
|
May 1, 2008 | |
06-75411
|
Alali-Amin v. Mukasey
Immigration judge correctly concluded that petitioner's motion to reopen removal proceedings was untimely. |
Immigration |
|
Apr. 29, 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 |
|
Apr. 29, 2008 | |
04-74162
|
Villegas v. Mukasey
Relief under 'Convention Against Torture' is denied where conditions in Mexican mental institution do not amount to torture. |
Immigration |
|
Apr. 24, 2008 | |
03-71578
|
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101. |
Immigration |
|
Apr. 23, 2008 | |
04-75650
|
Gutierrez v. Mukasey
Petitioner's departure to Mexico interrupts his accrual of continuous physical presence for purposes of cancellation of removal. |
Immigration |
|
Apr. 3, 2008 | |
04-75584
|
Sanchez v. Mukasey
Family unity waiver applies to cancellation of removal when smuggled alien is applicant's spouse, parent, son, or daughter. |
Immigration |
|
Apr. 3, 2008 | |
07-55018
|
Momeni v. Chertoff
Under Visa Waiver Program, unless applying for asylum, tourist may not contest deportation even if he filed application for adjustment of status. |
Immigration |
|
Apr. 1, 2008 | |
06-73857
|
Silah v. Mukasey
Court lacks jurisdiction to review denial of asylum application where person petitioning to withhold removal cannot establish arrival date or continued persecution. |
Immigration |
|
Mar. 28, 2008 | |
06-75021
|
Orozco v. Mukasey
Alien who enters country by fraudulent means is statutorily ineligible for adjustment of status. |
Immigration |
|
Mar. 26, 2008 | |
06-74228
|
Fernandez v. Mukasey
Eligibility for cancellation of removal requires applicant to establish removal would result in exceptional and extremely unusual hardship to alien's child. |
Immigration |
|
Mar. 26, 2008 | |
04-73309
|
Huang v. Mukasey
Case remanded to determine whether petitioners failed to prove past or well-founded fear of future persecution. |
Immigration |
|
Mar. 25, 2008 | |
07-55353
|
Manta v. Chertoff
International treaty does not require Greek government to submit depositions as competent evidence supporting foreign petitioner's extradition for fraud. |
Immigration |
|
Mar. 12, 2008 |