Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-74290
|
Mustanich v. Mukasey
Citizenship cannot be conferred by estoppel where statutory requirements for naturalization have not been satisfied. |
Immigration |
|
Mar. 12, 2008 | |
04-72651
|
Lemus-Galvan v. Mukasey
Court has jurisdiction to review denials of deferral of removal under Convention Against Torture because such decisions are based on merits. |
Immigration |
|
Mar. 12, 2008 | |
06-70638
|
Al-Mousa v. Mukasey
On remand, BIA must consider whether asylum applicant under 21 years of age is minor, excusing his failure to exhaust claim. |
Immigration |
|
Mar. 6, 2008 | |
06-71955
|
Shin v. Mukasey
Government cannot be held responsible for felonious and unauthorized issuance of residency documentation by 'thieving' employee. |
Immigration |
|
Mar. 5, 2008 | |
06-72823
|
Hong v. Mukasey
Evidence of petitioner’s fraudulently obtained permanent alien status was properly admitted at removal proceedings because petitioner had no protected interest in information. |
Immigration |
|
Mar. 5, 2008 | |
04-70324
|
Navarro v. Mukasey
Petitioners fall within settlement class where date on which immigration judge scheduled hearing fall within prescribed time frame. |
Immigration |
|
Mar. 5, 2008 | |
06-71385
|
Blanco v. Mukasey
Cancellation of removal matter is remanded in case where false identification to peace officer is not crime involving moral turpitude. |
Immigration |
|
Mar. 4, 2008 | |
06-75425
|
Kalilu v. Mukasey
Board of Immigration Appeals abuses discretion in denying petitioner's motion to reopen where he is eligible for adjustment based on valid marriage. |
Immigration |
|
Feb. 14, 2008 | |
04-73029
|
Perez v. Mukasey
Petitioner who arrives late for removal hearing while judge is still on bench need not show exceptional circumstances for failure to appear. |
Immigration |
|
Feb. 14, 2008 | |
05-77020
|
Grigoryan v. Mukasey
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance. |
Immigration |
|
Feb. 6, 2008 | |
04-73484
|
Morales v. Mukasey
Lawyer provides ineffective assistance to immigrant mother who met physical presence and exceptional hardship requirements for cancellation of removal. |
Immigration |
|
Jan. 25, 2008 | |
06-73237
|
Vizcarra-Ayala v. Mukasey
Defendant’s conviction for forgery under state law is not categorical offense ‘relating to forgery' under Immigration and Naturalization Act. |
Immigration |
|
Jan. 24, 2008 | |
06-73523
|
Perez v. Mukasey
Domestic violence or fourth degree assault is not categorically crime of violence for purposes of removal. |
Immigration |
|
Jan. 23, 2008 | |
06-56084
|
L.A. Closeout Inc. v. Dept. of Homeland Security
Agency properly denies adjustment application based on internal memorandum showing specialty occupation worker did not 'maintain' status after tourist visa expired. |
Immigration |
|
Jan. 22, 2008 | |
03-74488
|
Kalouma v. Gonzales
Immigration judge errs by incorrectly placing burden on asylum applicant to establish his identity under Illegal Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
Jan. 16, 2008 | |
06-73014
|
Arreguin-Moreno v. Mukasey
For purposes of 8 U.S.C. Section 1101, pre-trial detention that is credited as time served for sentence imposed, counts as confinement. |
Immigration |
|
Jan. 15, 2008 | |
05-74688
|
Cerezo v. Mukasey
Leaving scene of accident resulting in bodily injury is not categorically crime involving moral turpitude for purposes of removal. |
Immigration |
|
Jan. 15, 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 |
|
Jan. 8, 2008 | |
06-30341
|
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. |
Immigration |
|
Jan. 7, 2008 | |
06-75064
|
Estrada-Rodriguez v. Mukasey
Conviction for resisting arrest is ‘crime of violence,’ which qualifies as aggravated felony sufficient to justify alien’s removal. |
Immigration |
|
Dec. 31, 2007 | |
05-70368
|
Arteaga v. Mukasey
Fear of persecution for gang membership in Petitioner's native country, does not qualify him for withholding of removal as member of 'social group.' |
Immigration |
|
Dec. 28, 2007 | |
06-55681
|
Iasu v. Smith
Where petitioner claims American citizenship, REAL ID Act deprives district court of jurisdiction over his challenge to removal order. |
Immigration |
|
Dec. 19, 2007 | |
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 |
|
Dec. 13, 2007 | |
06-70028
|
Rivera v. Mukasey
Asylum request is properly denied where petitioner's testimony showed lack of credibility. |
Immigration |
|
Dec. 9, 2007 | |
05-70163
|
Mendoza-Mazariegos v. Mukasey
When immigrant has engaged counsel who fails to appear, judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored. |
Immigration |
|
Dec. 6, 2007 | |
06-70396
|
Ramirez v. Mukasey
Inclusion of ‘qualifying crime’ in indictment or complaint is not predicate to alien’s eligibility for temporary ‘U’ nonimmigrant status. |
Immigration |
|
Dec. 4, 2007 | |
06-70663
|
Avila-Sanchez v. Mukasey
Alien deported under lawful removal order and illegally returns cannot dispute law when it undergoes change because final judgment withstands judicial change. |
Immigration |
|
Dec. 3, 2007 | |
07-35021
|
Gonzales v. Dept. of Homeland Security
Alien who is ineligible to apply for re-admission is not eligible to apply for adjustment of status under IIRIRA. |
Immigration |
|
Dec. 2, 2007 | |
05-35715
|
Chaly-Garcia v. U.S.
Guatemalan class member's asylum application satisfies written intent requirement to receive benefits under 'ABC Agreement.' |
Immigration |
|
Nov. 29, 2007 | |
04-72386
|
Vatyan v. Mukasey
Immigration judge erroneously requires certification of public document where asylum petitioner may seek to authenticate it through his own testimony. |
Immigration |
|
Nov. 27, 2007 |