Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
02-55436
|
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 | |
02-70430
|
Padilla v. Ashcroft
INS was not required to hold hearing before reinstating alien's removal order. |
Immigration |
|
Aug. 20, 2003 | |
02-70200
|
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 | |
02-70193
|
Zheng v. Ashcroft
BIA's interpretation of term 'acquiescence' impermissibly narrows Congress' intent for relief under Convention Against Torture. |
Immigration |
|
Aug. 3, 2003 | |
01-71478
|
Alvarez-Santos v. INS
Court has jurisdiction to review immigration board's decision to deny asylum and withholding of removal. |
Immigration |
|
Aug. 3, 2003 | |
01-50063
|
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 | |
01-56796
|
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 | |
02-70048
|
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 | |
01-70398
|
Vera-Villegas v. INS
Witness testimony may be used to establish continuous presence of alien seeking to suspend deportation. |
Immigration |
|
Jul. 22, 2003 | |
00-70652
|
He v. Ashcroft
Alien is eligible for asylum because BIA's adverse credibility finding is not supported by substantial evidence. |
Immigration |
|
Jun. 24, 2003 | |
02-10128
|
U.S. v. Tinoso
District court exceeded its authority in ordering immediate deportation as condition of supervised release. |
Immigration |
|
Jun. 24, 2003 | |
02-70227
|
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 | |
01-71638
|
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 | |
02-70704
|
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 | |
02-30208
|
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 | |
01-71231
|
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 | |
02-70049
|
Nevarez-Martinez v. INS
Record failed to support Board of Immigration Appeal's conclusion that alien was aggravated felon. |
Immigration |
|
Jun. 16, 2003 | |
00-70724
|
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 | |
02-50211
|
U.S. v. Rivera-Relle
Successful illegal entry after deportation does not preclude conviction for attempted entry. |
Immigration |
|
Jun. 11, 2003 | |
01-71636
|
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 | |
01-71529
|
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 | |
02-70454
|
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 | |
02-70003
|
Iturribarria v. INS
Alleged claim of ineffective assistance of counsel did not prejudice claim for suspension of deportation. |
Immigration |
|
May 30, 2003 | |
01-70622
|
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 | |
01-70973
|
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 | |
01-70415
|
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 | |
02-10288
|
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 | |
01-70643
|
Olivera-Garcia v. INS
Alien granted permanent residence is removable after conviction for aggravated felony. |
Immigration |
|
May 13, 2003 | |
01-1491
|
Demore v. Kim
Legal resident who is detained pending removal hearing is not entitled to bond determination. |
Immigration |
|
May 6, 2003 | |
99-17373
|
Kim v. Ziglar
Lawful permanent resident aliens detained by INS during pendency of removal proceedings are entitled to bail hearing. |
Immigration |
|
May 6, 2003 |