Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-50287
|
U.S. v. Ballesteros-Selinger
Memorandum recording oral decision in prior deportation hearing is not testimonial hearsay and may be admitted without violating Confrontation Clause. |
Immigration |
|
Oct. 26, 2006 | |
04-70774
|
Cardoso-Tlaseca v. Gonzales
In removal case, where question existed concerning whether alien's drug conviction was vacated on the merits, case must be remanded. |
Immigration |
|
Oct. 26, 2006 | |
04-55285
|
Tijani v. Willis
Under 8 U.S.C. Section 1226(c), two years and four months is not 'expeditious' removal of criminal aliens. |
Immigration |
|
Oct. 24, 2006 | |
02-30429
|
U.S. v. Hernandez
Sentence enhancement for illegal reentry was proper because government did not have to prove previous deportation was pursuant to felony conviction. |
Immigration |
|
Oct. 24, 2006 | |
04-76383
|
Salviejo-Fernandez v. Gonzales
Notice to Appear need not include conviction that is not ground for removal but is ground for denial of relief from removal. |
Immigration |
|
Oct. 23, 2006 | |
04-70345
|
Navarro-Lopez v. Gonzales
Removal is proper where petitioner's accessory after fact conviction constitutes crime of moral turpitude. |
Immigration |
|
Oct. 23, 2006 | |
04-72682
|
Acosta v. Gonzales
Alien inadmissible for accruing more than one year of unlawful presence is eligible for penalty-fee adjustment of status. |
Immigration |
|
Oct. 22, 2006 | |
04-70258
|
Suntharalinkam v. Gonzales
In denying alien's application for asylum, immigration judge improperly determined that discrepancies warranted adverse credibility finding. |
Immigration |
|
Oct. 19, 2006 | |
04-72798
|
Ornelas-Chavez v. Gonzales
Reporting persecution is not prerequisite for relief under IIRIRA, and relief under CAT is predicated on official acquiescence, not 'sanctioning,' of torture. |
Immigration |
|
Oct. 19, 2006 | |
04-50411
|
U.S. v. Salazar-Gonzalez
Under 8 U.S.C. Section 1326, government must prove that alien's presence in country is both knowing and voluntary. |
Immigration |
|
Oct. 18, 2006 | |
04-35797
|
Freeman v. Gonzales
Government's assertion that alien widow was stripped of her spousal status pursuant to her citizen husband's untimely death frustrates congressional policy. |
Immigration |
|
Oct. 18, 2006 | |
03-73930
|
Garcia-Quintero v. Gonzales
Petitioner is eligible for cancellation of removal where he is 'admitted in any status' pursuant to his acceptance into Family Unity Program. |
Immigration |
|
Oct. 18, 2006 | |
03-74712
|
Zhou v. Gonzales
Denial of asylum because of adverse credibility finding was improper where petitioner presented evidence of pending arrest in China. |
Immigration |
|
Oct. 18, 2006 | |
04-50411
|
U.S. v. Salazar-Gonzalez
Under 8 U.S.C. Section 1326, government must prove that alien's presence in country is both knowing and voluntary. |
Immigration |
|
Oct. 18, 2006 | |
03-72005
|
Yepez-Razo v. Gonzales
In removal case, petitioner should have been protected Family Unity beneficiary from date that her application was filed. |
Immigration |
|
Oct. 17, 2006 | |
04-73295
|
Zehatye v. Gonzales
Jehovah's Witness is denied asylum because social ostracism, economic hardship, and religious scruples with forced military conscription do not amount to persecution. |
Immigration |
|
Oct. 17, 2006 | |
04-35863
|
Almaghzar v. Gonzales
Immigration judge did not violate immigrant's due process rights when judge allowed immigrant to present evidence of Convention Against Torture claim. |
Immigration |
|
Oct. 17, 2006 | |
04-72525
|
Mendez-Gutierrez v. Gonzales
Board of Immigration Appeals properly refused to go beyond appellate court's limited remand. |
Immigration |
|
Oct. 16, 2006 | |
05-552
|
Gonzales v. Thomas
Ninth Circuit erred in holding, in the first instance, that members of family constitute particular social group under Immigration and Nationality Act. |
Immigration |
|
Oct. 16, 2006 | |
04-71717
|
Cisneros-Perez v. Gonzales
Conviction for simple battery does not qualify as crime of domestic violence that would render petitioner ineligible for cancellation of removal. |
Immigration |
|
Oct. 5, 2006 | |
05-72395
|
Maldonado-Galindo v. Gonzales
IIRIRA Section 240A's denial of relief to aliens previously granted relief under INS Section 212(c) does not have impermissible retroactive effect. |
Immigration |
|
Oct. 3, 2006 | |
04-71926
|
Kepilino v. Gonzales
Petitioner's prostitution conviction under Hawaii law does not render her inadmissible under Immigration and Nationality Act. |
Immigration |
|
Sep. 25, 2006 | |
04-75173
|
Franco-Rosendo v. Gonzales
BIA's failure to identify and evaluate favorable factors when it denied petitioners' motion to reopen was abuse of discretion. |
Immigration |
|
Sep. 22, 2006 | |
02-74417
|
Gu v. Gonzales
Application for asylum is properly denied where petitioner failed to show past or well-founded fear of persecution. |
Immigration |
|
Sep. 22, 2006 | |
03-70200
|
Kumar v. Gonzales
Improper inclusion of footnote in BIA's streamlined affirmance of immigration judge's decision was harmless error where petitioner could not show prejudice. |
Immigration |
|
Sep. 6, 2006 | |
04-71717
|
Cisneros-Perez v. Gonzales
Conviction for simple battery does not qualify as crime of domestic violence that would render petitioner ineligible for cancellation of removal. |
Immigration |
|
Aug. 28, 2006 | |
03-70165
|
Alvarado v. Gonzales
Immigration judge's finding of ineligibility for asylum and withholding of removal was proper where petitioner had assisted in persecution. |
Immigration |
|
Aug. 22, 2006 | |
05-50202
|
U.S. v. Rodriguez-Rodriguez
Condition for supervised release requiring alien to report to probation office upon re-entry into United States did not violate Fifth Amendment. |
Immigration |
|
Aug. 22, 2006 | |
04-76600
|
Afridi v. Gonzales
Board of Immigration Appeals failed to conduct case-specific analysis of circumstances underlying immigrant's crime when it denied withholding of removal. |
Immigration |
|
Aug. 22, 2006 | |
03-71737
|
Canales-Vargas v. Gonzales
Annonymous threats by terrorist group are sufficient to establish eligibility for asylum but insufficient to entitle Peruvian native to withholding of deportation. |
Immigration |
|
Aug. 21, 2006 |