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Toia v. Fasano
Alien defendant who pleaded guilty prior to enactment of Immigration Act may apply for discretionary relief from deportation.
Immigration Aug. 20, 2003
Padilla v. Ashcroft
INS was not required to hold hearing before reinstating alien's removal order.
Immigration Aug. 20, 2003
Garcia-Lopez v. Ashcroft
State court designation of offense as misdemeanor is binding, thus Immigration and Nationality Act's "petty offense" exception applies.
Immigration Aug. 18, 2003
Zheng v. Ashcroft
BIA's interpretation of term 'acquiescence' impermissibly narrows Congress' intent for relief under Convention Against Torture.
Immigration Aug. 3, 2003
Alvarez-Santos v. INS
Court has jurisdiction to review immigration board's decision to deny asylum and withholding of removal.
Immigration Aug. 3, 2003
U.S. v. Pina-Jaime
Previously deported alien who remains in United States after parole term has ended violates federal statute.
Immigration Jul. 25, 2003
Pelich v. INS
Denial of habeas petition was proper because petitioner's indefinite detention by INS is caused by his failure to cooperate with efforts to remove him.
Immigration Jul. 23, 2003
Hernandez-Martinez v. Ashcroft
Petitioner's violation of Arizona Revised Statute Section 28-697 does not necessarily constitute deportable crime of moral turpitude.
Immigration Jul. 23, 2003
Vera-Villegas v. INS
Witness testimony may be used to establish continuous presence of alien seeking to suspend deportation.
Immigration Jul. 22, 2003
He v. Ashcroft
Alien is eligible for asylum because BIA's adverse credibility finding is not supported by substantial evidence.
Immigration Jun. 24, 2003
U.S. v. Tinoso
District court exceeded its authority in ordering immediate deportation as condition of supervised release.
Immigration Jun. 24, 2003
Monjaraz-Munoz v. INS
Failure to appeal at deportation hearing due to reliance on attorney's advice is exceptional circumstance beyond alien's control.
Immigration Jun. 24, 2003
Romero-Torres v. Ashcroft
Jurisdiction does not exist to review denial of cancellation of removal based on rejected claim of exceptional and extremely unusual hardship.
Immigration Jun. 24, 2003
Murillo-Salmeron v. INS
Board of Immigration Appeals committed legal error in deporting petitioner based on ineligibility for waiver, which wasn't required in first place.
Immigration Jun. 24, 2003
U.S. v. Mendoza-Reyes
Judge's statement made during voir dire was not error; classification of state offense not error; no ineffective assistance of counsel.
Immigration Jun. 23, 2003
Melkonian v. Ashcroft
Asylum petitioner established well-founded fear of future persecution by Abkhaz Separatists on account of his ethnicity and religion.
Immigration Jun. 16, 2003
Nevarez-Martinez v. INS
Record failed to support Board of Immigration Appeal's conclusion that alien was aggravated felon.
Immigration Jun. 16, 2003
Ramirez-Alejandre v. Ashcroft
Procedures of Board of Immigration Appeals were applied arbitrarily and capriciously and thus denied alien's right to due process.
Immigration Jun. 15, 2003
U.S. v. Rivera-Relle
Successful illegal entry after deportation does not preclude conviction for attempted entry.
Immigration Jun. 11, 2003
Hoxha v. Ashcroft
Whether asylum petitioner has reasonable fear of persecution depends on individual experience and degree of persecution toward ethnic group.
Immigration Jun. 10, 2003
Barthelemy v. Ashcroft
Petitioner cannot establish derivative citizenship through his father where parents were never married, and therefore never legally separated.
Immigration Jun. 3, 2003
Huerta-Guevara v. Ashcroft
Defendant who was convicted of possession of stolen vehicle did not commit aggravated felony that subjected her to removal from country.
Immigration May 30, 2003
Iturribarria v. INS
Alleged claim of ineffective assistance of counsel did not prejudice claim for suspension of deportation.
Immigration May 30, 2003
Cedano-Viera v. Ashcroft
Where there is no jurisdiction to review removal order based on aggravated felony conviction, court also lacks jurisdiction to consider constitutional challenges.
Immigration May 30, 2003
Vasquez-Zavala v. Ashcroft
Remedy of suspended deportation is unavailable where charging documents were filed after Immigration Reform and Immigrant Responsibility Act.
Immigration May 30, 2003
Manjiyani v. INS
Alien who did not notify INS of change of address failed to establish that deportation notice was deficient.
Immigration May 30, 2003
U.S. v. Inocencio
District court had jurisdiction to correct its ministerial failure to revoke defendant's naturalization upon conviction of naturalization fraud.
Immigration May 19, 2003
Olivera-Garcia v. INS
Alien granted permanent residence is removable after conviction for aggravated felony.
Immigration May 13, 2003
Demore v. Kim
Legal resident who is detained pending removal hearing is not entitled to bond determination.
Immigration May 6, 2003
Kim v. Ziglar
Lawful permanent resident aliens detained by INS during pendency of removal proceedings are entitled to bail hearing.
Immigration May 6, 2003