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Valeriano v. Gonzales
INS' belated response to petitioner's request to file motion to reopen jointly does not entitle petitioner to equitable tolling of filing deadline.
Immigration Feb. 16, 2007
Bravo-Pedroza v. Gonzales
Res judicata bars Secretary of Homeland Security from initiating second deportation case on basis of charge that could have been brought in first case.
Immigration Feb. 9, 2007
In the Matters of Hamide
Proceedings in 20-year-old Palestinian deportation cases are terminated where government fails to comply with court's orders.
Immigration Feb. 1, 2007
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona conviction for domestic violence was not 'crime of violence' under federal statute that triggers removal.
Immigration Jan. 31, 2007
Ruiz-Vidal v. Gonzales
For purposes of removal, alien's conviction for violating state drug possession law must involve controlled substance regulated by Controlled Substance Act.
Immigration Jan. 26, 2007
Kohli v. Gonzales
Although signature and title of issuing official were illegible on Notice to Appear, alien failed to show alleged defect deprived court of jurisdiction.
Immigration Jan. 23, 2007
Gonzales v. Duenas-Alvarez
'Theft offense' under immigration law includes crime of 'aiding and abetting' theft offense.
Immigration Jan. 19, 2007
Lin v. Gonzales
Where government's construction of regulation was improper, illegal alien's motion to reopen case was erroneously denied.
Immigration Jan. 12, 2007
Kaganovich v. Gonzales
Alien who arrives in United States as refugee may be removed, even if his refugee status has not been terminated.
Immigration Jan. 11, 2007
Velazquez-Herrera v. Gonzales
In removal case, BIA is afforded opportunity to issue precedential decision regarding definition of child abuse.
Immigration Jan. 11, 2007
Nath v. Gonzales
Motion to reopen is remanded so BIA may reconsider whether offense that alien pleaded guilty to qualifies as 'aggravated felony' for removal purposes.
Immigration Jan. 9, 2007
Singh v. Gonzales
Where BIA satisfied its regulatory obligation by mailing decision to alien's address, alien filing untimely appeal was not entitled to reopen matter.
Immigration Jan. 9, 2007
U.S. v. Resendiz-Ponce
Government's failure to allege specific overt act in illegal alien's indictment for attempted entry was fatal defect.
Immigration Jan. 9, 2007
Garcia-Jimenez v. Gonzales
Petitioner is barred from obtaining cancellation of removal where he had received waiver of deportation as to his convictions.
Immigration Jan. 8, 2007
Morales v. Gonzales
Appellate court may have jurisdiction to review immigration judge's denial of application for asylum, withholding of removal, and Convention Against Torture relief.
Immigration Jan. 8, 2007
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 Jan. 5, 2007
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings.
Immigration Jan. 2, 2007
Rafaelano v. Wilson
Where appeal is treated as petition for review, matter is transferred to BIA to determine if prior order became effective order of deportation.
Immigration Dec. 22, 2006
Family Inc. v. U.S. Citizenship and Immigration Services
Substantial evidence supported finding that alien was not engaged primarily in managerial duties, thus petition for reclassification of status was properly denied.
Immigration Dec. 7, 2006
Lopez v. Gonzales
Order of removal is not proper where drug possession is not felony under Controlled Substances Act.
Immigration Dec. 7, 2006
Serrano v. Gonzales
In removal case, petitioner fails to assert valid due process ineffective assistance of counsel claim.
Immigration Dec. 7, 2006
Valencia-Alvarez v. Gonzales
Application of law which stops accrual of continuous presence in United States when offense is committed does not have impermissible retroactive effect.
Immigration Dec. 7, 2006
Galeana-Mendoza v. Gonzales
Because convictions for battery were not 'crimes involving moral turpitude,' alien was eligible for cancellation of removal on that ground.
Immigration Dec. 7, 2006
Granados-Oseguera v. Gonzales
BIA must reconsider motion to reopen where petitioner claimed ineffective assistance of counsel.
Immigration Dec. 5, 2006
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings.
Immigration Dec. 5, 2006
Puri v. Gonzales
REAL ID Act divests district courts of jurisdiction over orders of removal, but provides appellate court review, which is adequate substitute.
Immigration Dec. 5, 2006
Mendez-Alcaraz v. Gonzales
Appeal of motion to reconsider was properly dismissed as untimely where alien failed to present viable argument to support equitable tolling.
Immigration Nov. 29, 2006
U.S. v. Covian-Sandoval
Errors committed by court during plea colloquy and sentencing did not warrant relief under plain error standard of review.
Immigration Nov. 8, 2006
Padilla-Padilla v. Gonzales
BIA does not have authority to reduce voluntary departure period granted by immigration judge in 'streamlined' affirmance.
Immigration Nov. 8, 2006
Perez-Enriquez v. Gonzales
Admissibility for agricultural worker under SAW program is determined as of date of adjustment of status as lawful temporary resident.
Immigration Nov. 8, 2006