Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-70765
|
Landin-Zavala v. Gonzales
Application for cancellation of removal is properly denied where continuous physical presence does not accrue after formal exclusion order. |
Immigration |
|
Jun. 4, 2007 | |
04-71335
|
Kharana v. Gonzales
Lawful U.S. permanent resident's offense of fraudulently appropriating more than $10,000, qualifies as aggravated felony under INA. |
Immigration |
|
Jun. 4, 2007 | |
03-74625
|
Garcia-Jimenez v. Gonzales
Petitioner is barred from obtaining cancellation of removal where he had received waiver of deportation as to his convictions. |
Immigration |
|
May 30, 2007 | |
03-74625
|
Garcia-Jimenez v. Gonzales
Petitioner is barred from obtaining cancellation of removal where he had received waiver of deportation as to his convictions. |
Immigration |
|
May 30, 2007 | |
05-73098
|
Saravia-Paguada v. Gonzalez
Immigration judge properly calculates time served based on sentence enhancement and substantive offense, in denying relief to Honduran national facing deportation. |
Immigration |
|
May 22, 2007 | |
H029324
|
People v. Kim
Felony theft conviction subjecting South Korean to deportation cannot be vacated based on mistake of law or ineffective assistance of counsel. |
Immigration |
|
May 18, 2007 | |
02-71966
|
Chaidez v. Gonzales
Deportation order is invalid where government fails to show that petitioner was properly served with Order to Show Cause. |
Immigration |
|
May 17, 2007 | |
05-76297
|
Montes-Lopez v. Gonzales
Board of Immigration Appeals erroneously disregards petitioner's claim that his right to counsel was violated by immigration judge. |
Immigration |
|
May 17, 2007 | |
03-74640
|
Pedroza-Padilla v. Gonzales
Waiver of inadmissibility under Immigration Reform and Control Act does not 'legalize' alien whose deportation interrupted continuous residence. |
Immigration |
|
May 15, 2007 | |
03-72384
|
Lolong v. Gonzales
Ninth Circuit has jurisdiction to review Board of Immigration Appeals' denial of asylum where Immigration Judge previously determined alien was removable. |
Immigration |
|
May 11, 2007 | |
05-72472
|
Juarez-Ramos v. Gonzales
Expedited removal order interrupts required continuous physical presence necessary to be eligible for cancellation of removal. |
Immigration |
|
May 11, 2007 | |
04-56353
|
Gallarde v. INS
Philippine national, who used alienage to seek early discharge from voluntary enlistment in U.S. Navy, is not barred from becoming U.S. citizen. |
Immigration |
|
May 11, 2007 | |
03-70674
|
Morales-Izquierdo v. Gonzales
Previously removed alien who re-enters country illegally is not entitled to hearing before immigration judge to determine whether to reinstate prior removal order. |
Immigration |
|
May 8, 2007 | |
06-50276
|
U.S. v. Olmos-Esparza
No time limit applies on prior convictions under Sentencing Guidelines Section 2L1.2 for purposes of sentence enhancements. |
Immigration |
|
Apr. 27, 2007 | |
B192721
|
People v. Castro-Vasquez
Where defendant was not given adequate advisement of immigration consequences of guilty plea, court erroneously denies motion to vacate plea. |
Immigration |
|
Mar. 26, 2007 | |
05-10815
|
U.S. v. Latu
Conviction for illegal possession of firearm is proper where filing of application for adjustment of status did not legalize defendant's presence. |
Immigration |
|
Mar. 23, 2007 | |
05-74693
|
Ochoa-Amaya v. Gonzales
Period between filing of visa petition and its approval was properly deducted from alien's age to determine his eligibility under Child Status Protection Act. |
Immigration |
|
Mar. 22, 2007 | |
03-74533
|
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona misdemeanor assault convictions do not qualify as crimes of moral turpitude for purposes of removal. |
Immigration |
|
Mar. 21, 2007 | |
04-70745
|
Sinotes-Cruz v. Gonzales
Permanent stop-time rule does not apply retroactively to prohibit petitioner from meeting seven-year continuous residence requirement. |
Immigration |
|
Mar. 21, 2007 | |
03-70674
|
Morales-Izquierdo v. Gonzales
Previously removed alien who re-enters country illegally is not entitled to hearing before immigration judge to determine whether to reinstate prior removal order. |
Immigration |
|
Mar. 20, 2007 | |
04-71140
|
Malta-Espinoza v. Gonzales
If stalker's harassing conduct did not create substantial risk of application of physical force against victim, his conviction is not for 'crime of violence.' |
Immigration |
|
Mar. 9, 2007 | |
04-71914
|
Fedunyak v. Gonzales
BIA erred in finding alien's whistleblowing did not constitute expression of political opinion for purposes of granting asylum. |
Immigration |
|
Mar. 9, 2007 | |
03-74351
|
Ramadan v. Gonzales
Jurisdiction over questions of law as defined in Real ID Act extends to application of law to undisputed facts. |
Immigration |
|
Mar. 7, 2007 | |
05-50892
|
U.S. v. Cruz-Escoto
Conviction for illegal entry after deportation is proper where jury heard sufficient evidence to conclude that defendant was free from official restraint. |
Immigration |
|
Mar. 7, 2007 | |
02-71966
|
Chaidez v. Gonzales
Deportation order is invalid where government fails to show that petitioner was properly served with Order to Show Cause. |
Immigration |
|
Mar. 6, 2007 | |
06-10026
|
U.S. v. Flores-Sanchez
Failure to allege overt act in furtherance of re-entry after deportation is not fatal defect to indictment charging defendant with attempted illegal re-entry. |
Immigration |
|
Feb. 22, 2007 | |
04-72303
|
Hernandez-Gil v. Gonzales
Immigration judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored, should his attorney fail to appear at hearing. |
Immigration |
|
Feb. 22, 2007 | |
05-74130
|
Lin v. Gonzales
In asylum case, BIA erroneously finds that petitioner failed to demonstrate 'other resistance' to coercive population control program implemented in China. |
Immigration |
|
Feb. 16, 2007 | |
05-76977
|
Becker v. Gonzales
Alien with prior conviction for aggravated felony may not apply for cancellation of removal, even if deportability for that prior conviction was waived. |
Immigration |
|
Feb. 16, 2007 | |
03-74431
|
Sahajeewa v. Gonzales
Immigration judge adequately articulated his decision in finding asylum petitioner not credible. |
Immigration |
|
Feb. 16, 2007 |