Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-73883
|
Barragan-Lopez v. Mukasey
Permanent resident's conviction for solicitation to possess at least four pounds of marijuana for sale constitutes crime involving moral turpitude justifying removal. |
Immigration |
|
Nov. 25, 2007 | |
05-77020
|
Grigoryan v. Keisler
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 |
|
Nov. 19, 2007 | |
02-56751
|
Sissoko v. Rocha
Court lacks jurisdiction to hear false arrest claim by alien detained, but not removed, under expedited removal provisions who had habeas remedy available. |
Immigration |
|
Nov. 15, 2007 | |
04-73960
|
Hanna v. Keisler
Fall of Ba’ath party in Iraq is insufficient to remove alien’s fear of future persecution or foreclose his petition for withholding of removal. |
Immigration |
|
Nov. 5, 2007 | |
05-76988
|
Rebilas v. Keisler
Immigrant convicted of attempted public sexual indecency is not removable where conduct falls outside federal definition of attempted sexual abuse of minor. |
Immigration |
|
Nov. 4, 2007 | |
04-71026
|
Jordison v. Keisler
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. |
Immigration |
|
Oct. 30, 2007 | |
06-50438
|
U.S. v. Salazar-Lopez
Failure to allege temporal relationship between alien's removal and prior conviction in indictment is harmless where overwhelming evidence supported enhancement. |
Immigration |
|
Oct. 24, 2007 | |
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 |
|
Oct. 22, 2007 | |
04-76246
|
Ahmed v. Keisler
Bihari dissident who shows persecution based on political opinion and membership in disfavored group is entitled to asylum and withholding of removal. |
Immigration |
|
Oct. 16, 2007 | |
05-74776
|
Martinez-Merino v. Keisler
Petitioner may not attack reinstatement of removal order by attempting to show he had received inadequate notice of his rights during underlying removal proceeding. |
Immigration |
|
Oct. 10, 2007 | |
04-73128
|
Quintero-Salazar v. Keisler
Petitioner is erroneously found to be removable where his state conviction is not categorically crime involving moral turpitude under immigration law. |
Immigration |
|
Oct. 9, 2007 | |
05-56202
|
Cornejo v. County of San Diego
Vienna Convention Article 36 requires 'state' to contact consular official but creates no judicially enforceable right for foreign national under Section 1983. |
Immigration |
|
Sep. 24, 2007 | |
05-73581
|
Melendez v. Gonzales
Alien previously granted pretrial diversion under state rehabilitation scheme cannot receive adjustment of status as 'first time offender' following subsequent drug conviction. |
Immigration |
|
Sep. 19, 2007 | |
04-70345
|
Navarro-Lopez v. Gonzales
Petitioner's accessory after fact conviction does not constitutes crime of moral turpitude for purposes of removal. |
Immigration |
|
Sep. 19, 2007 | |
04-74313
|
Kawashima v. Gonzales
In removal case, conviction for subscribing to false statement on tax return constitutes aggravated felony. |
Immigration |
|
Sep. 18, 2007 | |
04-76644
|
Marmolejo-Campos v. Gonzales
Petitioner's aggravated DUI conviction is crime involving moral turpitude under Immigration Naturalization Act. |
Immigration |
|
Sep. 12, 2007 | |
05-70605
|
Ortega-Cervantes v. Gonzales
Alien's conditional release from detention pending final removal decision is not 'parole into United States' making him eligible for adjustment of status. |
Immigration |
|
Sep. 5, 2007 | |
04-71026
|
Jordison v. Gonzales
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. |
Immigration |
|
Sep. 4, 2007 | |
05-74930
|
He v. Gonzales
Birth of children in United States cannot establish changed circumstances sufficient to satisfy exception to bars applicable to motions to reopen immigration proceedings. |
Immigration |
|
Sep. 4, 2007 | |
05-77103
|
Sandoval-Lua v. Gonzales
Petitioner meets his burden to show he has not been convicted of aggravated felony and is eligible for cancellation of removal. |
Immigration |
|
Aug. 29, 2007 | |
05-15900
|
Miguel-Miguel v. Gonzales
Board of Immigration Appeals errs by retroactively applying new presumptive standard to removal proceedings where ‘Montgomery Ward’ factors weigh heavily against its application. |
Immigration |
|
Aug. 29, 2007 | |
05-70291
|
Camins v. Gonzales
New law forbidding 'inadmissible' legal permanent residents' entry after travel abroad cannot be applied retroactively to those who relied on previous exception . |
Immigration |
|
Aug. 28, 2007 | |
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 |
|
Aug. 28, 2007 | |
05-16005
|
Singh v. Gonzales
District court has jurisdiction over ineffective assistance of counsel claims under REAL ID Act where removal order itself is not challenged. |
Immigration |
|
Aug. 27, 2007 | |
04-74001
|
Mejia v. Gonzales
In removal case where petitioner seeks waiver, application of 'exceptional and extremely unusual' standard does not have improper retroactive effect. |
Immigration |
|
Aug. 27, 2007 | |
04-74076
|
Sembiring v. Gonzales
Alien is improperly deported in absentia after showing she did not receive notice under lesser presumption of effective service by regular mail. |
Immigration |
|
Aug. 27, 2007 | |
06-70941
|
Gomez v. Gonzales
Board of Immigration Appeals’ denial of motion to file late brief is inadequate where it does not give reasoned explanation underlying its decision. |
Immigration |
|
Aug. 22, 2007 | |
04-71072
|
Ghahremani v. Gonzales
Motion to reopen removal order is timely where equitable tolling warrants extending deadline because petitioner performed due diligence before discovering counsel’s potential ineffectiveness. |
Immigration |
|
Aug. 20, 2007 | |
05-75850
|
Estrada-Espinoza v. Gonzales
Mexican national is removable as an alien, as conviction for relationship with minor girlfriend is considered aggravated felony. |
Immigration |
|
Aug. 16, 2007 | |
04-70957
|
Gulla v. Gonzales
Immigration Judge abuses its discretion in denying asylum to Iraqi with credible fear of persecution where only minor adverse factors supported denial. |
Immigration |
|
Aug. 13, 2007 |