| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-29
|
INS v. Ventura
Court of appeals should have remanded immigration case to Board of Immigration Appeals to consider changed circumstances of Guatemala. |
Immigration |
|
Dec. 10, 2002 | |
|
99-71004
|
Ventura v. INS
Petitioner is entitled to withholding of deportation and is eligible for asylum because INS failed to rebut presumption of fear of future persecution. |
Immigration |
|
Dec. 9, 2002 | |
|
01-16225
|
Servin-Espinoza v. Ashcroft
Immigration policy that provided discretionary relief to excludable aliens but not deportable aliens violated equal protection requirement. |
Immigration |
|
Nov. 12, 2002 | |
|
01-50064
|
U.S. v. Velasco-Medina
Alien is guilty of illegal reentry after deportation despite defect in indictment. |
Immigration |
|
Nov. 12, 2002 | |
|
01-70846
|
Abassi v. INS
When pro se litigant refers in motion to 'recent Country Reports,' Board of Immigration Appeals must consider most recent relevant country condition profile. |
Immigration |
|
Nov. 12, 2002 | |
|
99-70322
|
Ekimian v. INS
Circuit court lacks jurisdiction to review Board of Immigration Appeal's decision not to reopen proceeding sua sponte. |
Immigration |
|
Nov. 10, 2002 | |
|
01-10291
|
U.S. v. Leos-Maldonado
Defective indictment that failed to allege specific intent to enter without authorization is not prejudicial. |
Immigration |
|
Oct. 29, 2002 | |
|
00-70595
|
Pazcoguin v. Radcliffe
Citizen of Philippines who admitted essential elements of controlled substance violation is excludable from United States. |
Immigration |
|
Oct. 25, 2002 | |
|
01-70599
|
Fajardo v. INS
Limitation period of 180 days for filing motions to reopen absentia deportation proceedings based on 'exceptional circumstances' is tolled. |
Immigration |
|
Oct. 16, 2002 | |
|
00-71558
|
Casas-Chavez v. INS
Specificity requirement is satisfied despite alien's failure to file brief as long as sufficient notice is conveyed to Board of Immigration Appeals. |
Immigration |
|
Oct. 16, 2002 | |
|
99-70396
|
Agyeman v. INS
Alien did not receive adequate explanation of what was needed to support application for adjustment status and thus denied full and fair hearing. |
Immigration |
|
Oct. 10, 2002 | |
|
01-9515
|
Osei v. Immigration and Naturalization Service
Reasoned explanation was required to deny motion to reopen proceedings based on ineffective counsel. |
Immigration |
|
Sep. 29, 2002 | |
|
00-56149
|
Gutierrez-Chavez v. INS
Alien's habeas petition that does not allege constitutional or statutory error is not within scope of 28 U.S.C. Section 2241. |
Immigration |
|
Sep. 26, 2002 | |
|
00-71329
|
Manimbao v. Ashcroft
Where petitioner is attacked and family threatened because of his membership in political group, he establishes 'well founded fear of persecution' and is entitled to asylum. |
Immigration |
|
Sep. 26, 2002 | |
|
01-35867
|
Xi v. INS
Individual deemed inadmissible to United States may not be subjected to indefinite detention. |
Immigration |
|
Sep. 26, 2002 | |
|
00-71638
|
Mejia v. Ashcroft
Confidential informant on communist rebel group 'hit list' has well-founded fear of persecution based on imputed political opinion. |
Immigration |
|
Sep. 26, 2002 | |
|
00-71274
|
Celis-Castellano v. Ashcroft
Alien who failed to appear at removal proceeding due to asthma attack was properly denied request to reopen case. |
Immigration |
|
Sep. 26, 2002 | |
|
99-71634
|
Randhawa v. Ashcroft
Alien's conviction for possession of stolen mail categorically qualifies as an aggravated felony. |
Immigration |
|
Sep. 25, 2002 | |
|
99-35472
|
Immigrant Assistance Project of the Los Angeles County Federation of Labor v. INS
Reinstatement of preliminary injunction was proper where order was previously vacated on jurisdictional grounds. |
Immigration |
|
Sep. 24, 2002 | |
|
96-30065
|
U.S. v. Ahumada-Aguilar
Alien who was denied right to counsel during deportation proceeding is not liable for subsequently re-entering United States. |
Immigration |
|
Sep. 17, 2002 | |
|
01-71043
|
Singh v. INS
Petitioner, who demonstrated that 'exceptional circumstances' caused his failure to appear, is entitled to recission of deportation order issued in absentia. |
Immigration |
|
Sep. 17, 2002 | |
|
01-10294
|
U.S. v. Martinez-Martinez
Motion for downward departure, attacking validity of prior state court conviction, is prohibited collateral attack. |
Immigration |
|
Sep. 17, 2002 | |
|
01-70055
|
Virk v. INS
Alien who entered into sham marriage may be eligible for waiver of deportation. |
Immigration |
|
Sep. 17, 2002 | |
|
01-70557
|
Cardenas v. INS
Board of Immigration Appeals improperly denied asylum application where fear of future persecution was established. |
Immigration |
|
Sep. 10, 2002 | |
|
01-70915
|
Ruano v. Ashcroft
Petitioner establishes past persecution where he received death threats for six years at his home and was repeatedly chased by armed men. |
Immigration |
|
Sep. 8, 2002 | |
|
00-15767
|
Angulo-Dominguez v. Ashcroft
Party is ineligible for relief under Registry Statute because of his record of lawful entry and his convictions for controlled substance violations. |
Immigration |
|
Sep. 3, 2002 | |
|
01-70505
|
Singh v. Ashcroft
Immigration judge improperly found asylum applicant's credibility as adverse. |
Immigration |
|
Sep. 2, 2002 | |
|
99-70216
|
Molina-Estrada v. INS
Immigrant is ineligible for cancellation of removal because mother is not lawful permanent resident. |
Immigration |
|
Aug. 26, 2002 | |
|
01-70112
|
Hernandez-Mezquita v. Ashcroft
Filing deadline under Nicaraguan Adjustment and Central American Relief Act is constitutional. |
Immigration |
|
Aug. 25, 2002 | |
|
00-70635
|
Alcarez-Garcia v. Ashcroft
Individual who generally worked in U.S. for nine months out of each year, over nine-year period, established residency. |
Immigration |
|
Aug. 25, 2002 |
