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Mustanich v. Mukasey
Citizenship cannot be conferred by estoppel where statutory requirements for naturalization have not been satisfied.
Immigration Mar. 12, 2008
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
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
Shin v. Mukasey
Government cannot be held responsible for felonious and unauthorized issuance of residency documentation by 'thieving' employee.
Immigration Mar. 5, 2008
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
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
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
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
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
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
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
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
Perez v. Mukasey
Domestic violence or fourth degree assault is not categorically crime of violence for purposes of removal.
Immigration Jan. 23, 2008
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
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
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
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
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
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
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
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
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
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
Rivera v. Mukasey
Asylum request is properly denied where petitioner's testimony showed lack of credibility.
Immigration Dec. 9, 2007
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
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
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
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
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
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