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Mihalev v. Ashcroft
Past persecution need not be solely due to ethnicity to establish eligibility for asylum.
Immigration Jan. 9, 2005
Sael v. Ashcroft
Indonesian had well-founded fear of future persecution with evidence that ethnic Chinese are significantly disfavored and that she suffered harassment.
Immigration Dec. 5, 2004
Baltazar-Alcazar v. INS
Aliens challenging deportation did not voluntarily waive right to counsel of choice.
Immigration Dec. 5, 2004
Khotesouvan v. Morones
Alien cannot claim his removal is not reasonably foreseeable until he has been detained for 90 days.
Immigration Nov. 30, 2004
Narayan v. Ashcroft
Immigration board will decide whether judge should consider alien's evidence of worsened conditions in native country.
Immigration Nov. 30, 2004
U.S. v. Rivas-Gonzalez
In sentencing defendant for illegal reentry after deportation, downward departure for cultural assimilation was not available.
Immigration Nov. 30, 2004
Alcaraz v. INS
Board of Immigration Appeals must determine whether various policy statements by immigration agencies obligated it to 'repaper' aliens.
Immigration Nov. 30, 2004
Akhtar v. Burzynski
Regulation terminating temporary visas for children of permanent residents when they turn 21 is contrary to congressional intent.
Immigration Nov. 29, 2004
U.S. v. Ortiz-Lopez
Case is remanded so government may present evidence supporting alien's removability.
Immigration Nov. 29, 2004
Membreno v. Aschroft
Court lacks jurisdiction to hear petition of alien to reopen deportation proceedings.
Immigration Nov. 29, 2004
Leocal v. Ashcroft
Conviction for drunk driving causing serious injury is not removable crime of violence where offense doesn't require showing of intent.
Immigration Nov. 16, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation.
Immigration Nov. 9, 2004
Cazarez-Gutierrez v. Ashcroft
Alien's conviction for drug possession is not 'aggravated felony' for immigration purposes.
Immigration Nov. 9, 2004
Toro-Romero v. Ashcroft
Immigration board will reconsider whether alien is inadmissible because he committed crime of moral turpitude.
Immigration Nov. 9, 2004
Zara v. Ashcroft
Ninth Circuit lacks jurisdiction to review issues not presented to Board of Immigration Appeals, even when case was streamlined.
Immigration Nov. 9, 2004
Arreola v. Ashcroft
Court transfers defendant's petition challenging his removal order on due process grounds.
Immigration Nov. 9, 2004
Lagandaon v. Ashcroft
Alien's 10 years of continuous physical presence in U.S. makes him eligible for cancellation of removal.
Immigration Nov. 9, 2004
Ferreira v. Ashcroft
Plaintiff is eligible for cancellation of removal because his drug possession conviction was not aggravated felony.
Immigration Nov. 9, 2004
Perez-Enriquez v. Ashcroft
Alien's permanent residency was effective on date of adjustment, not date of application.
Immigration Nov. 9, 2004
Mashiri v. Ashcroft
Asylum petitioner who shows past persecution does not have to prove that she could have relocated safely within home country.
Immigration Nov. 2, 2004
Rivera v. Ashcroft
Jurisdiction exists to hear petitioner's claim of citizenship despite accepting deportation and waiving right to appeal immigration judge's decision.
Immigration Oct. 21, 2004
Hasan v. Ashcroft
Persecution by local politician who petitioner criticized in print for institutional corruption establishes past persecution due to political opinion.
Immigration Oct. 8, 2004
U.S. v. Garcia-Gomez
Because unserved portion of defendant's sentence was not 'suspended' court did not err in increasing his offense level.
Immigration Oct. 8, 2004
Njuguna v. Ashcroft
Refugee is eligible for asylum based on well-founded fear of political persecution in Kenya.
Immigration Oct. 6, 2004
U.S. v. Nunez-Rodelo
Alien who was deported before implementation of statute may still be sentenced under its 'removal' language.
Immigration Oct. 5, 2004
Faruk v. Ashcroft
Asylum-seekers proved they suffered past persecution in Fiji on account of their mixed-race, mixed-religion marriage.
Immigration Oct. 5, 2004
Li v. Ashcroft
Plaintiff's request for withholding of removal is denied for failure to demonstrate credible fear of persecution.
Immigration Oct. 5, 2004
Bellajaro v. Schiltgen
Court may review denial of plaintiff's application for naturalization but scope of review is limited to ground for denial.
Immigration Oct. 5, 2004
Chen v. Ashcroft
Board of appeals may not summarily affirm immigration judge's decision because this would violate streamlining regulations.
Immigration Oct. 5, 2004
Alvarez-Garcia v. Ashcroft
Excludable alien does not enjoy procedural rights afforded to deportable aliens.
Immigration Oct. 5, 2004