Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
02-73434
|
Mihalev v. Ashcroft
Past persecution need not be solely due to ethnicity to establish eligibility for asylum. |
Immigration |
|
Jan. 9, 2005 | |
02-71872
|
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 | |
02-73363
|
Baltazar-Alcazar v. INS
Aliens challenging deportation did not voluntarily waive right to counsel of choice. |
Immigration |
|
Dec. 5, 2004 | |
04-35417
|
Khotesouvan v. Morones
Alien cannot claim his removal is not reasonably foreseeable until he has been detained for 90 days. |
Immigration |
|
Nov. 30, 2004 | |
03-70199
|
Narayan v. Ashcroft
Immigration board will decide whether judge should consider alien's evidence of worsened conditions in native country. |
Immigration |
|
Nov. 30, 2004 | |
03-30167
|
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 | |
01-71171
|
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 | |
02-57037
|
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 | |
03-10339
|
U.S. v. Ortiz-Lopez
Case is remanded so government may present evidence supporting alien's removability. |
Immigration |
|
Nov. 29, 2004 | |
03-71214
|
Membreno v. Aschroft
Court lacks jurisdiction to hear petition of alien to reopen deportation proceedings. |
Immigration |
|
Nov. 29, 2004 | |
03-583
|
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 | |
02-71311
|
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation. |
Immigration |
|
Nov. 9, 2004 | |
02-72978
|
Cazarez-Gutierrez v. Ashcroft
Alien's conviction for drug possession is not 'aggravated felony' for immigration purposes. |
Immigration |
|
Nov. 9, 2004 | |
02-74460
|
Toro-Romero v. Ashcroft
Immigration board will reconsider whether alien is inadmissible because he committed crime of moral turpitude. |
Immigration |
|
Nov. 9, 2004 | |
02-74077
|
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 | |
01-71596
|
Arreola v. Ashcroft
Court transfers defendant's petition challenging his removal order on due process grounds. |
Immigration |
|
Nov. 9, 2004 | |
02-73216
|
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 | |
02-16945
|
Ferreira v. Ashcroft
Plaintiff is eligible for cancellation of removal because his drug possession conviction was not aggravated felony. |
Immigration |
|
Nov. 9, 2004 | |
03-70244
|
Perez-Enriquez v. Ashcroft
Alien's permanent residency was effective on date of adjustment, not date of application. |
Immigration |
|
Nov. 9, 2004 | |
02-71841
|
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 | |
03-35548
|
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 | |
02-73867
|
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 | |
03-30378
|
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 | |
02-73143
|
Njuguna v. Ashcroft
Refugee is eligible for asylum based on well-founded fear of political persecution in Kenya. |
Immigration |
|
Oct. 6, 2004 | |
03-10660
|
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 | |
03-70342
|
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 | |
02-72689
|
Li v. Ashcroft
Plaintiff's request for withholding of removal is denied for failure to demonstrate credible fear of persecution. |
Immigration |
|
Oct. 5, 2004 | |
03-55095
|
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 | |
02-73473
|
Chen v. Ashcroft
Board of appeals may not summarily affirm immigration judge's decision because this would violate streamlining regulations. |
Immigration |
|
Oct. 5, 2004 | |
02-73951
|
Alvarez-Garcia v. Ashcroft
Excludable alien does not enjoy procedural rights afforded to deportable aliens. |
Immigration |
|
Oct. 5, 2004 |