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Name Category Published
Chen v. Ashcroft
Alien facing imprisonment and torture for mother's debt upon return to home country is entitled to asylum.
Immigration Aug. 8, 2002
Armendariz-Montoya v. Sonchik
Deportation proceedings commence with filing of order to show cause with immigration court.
Immigration Aug. 8, 2002
U.S. v. Corona-Sanchez
California state conviction for petty theft of cigarettes and beer does not constitute aggravated felony for sentencing enhancement purposes.
Immigration Aug. 7, 2002
Abreu-Reyes v. INS
Resident's conviction of aggravated felony is proper grounds for removal.
Immigration Aug. 7, 2002
Singh v. INS
Board's reliance on asylum applicant's airport interview is not valid ground for adverse credibility determination because translator didn't speak his language.
Immigration Aug. 7, 2002
Krastev v. INS
Board of Immigration Appeals erroneously concluded evidence of changed conditions in Bulgaria rebutted fear of future persecution.
Immigration Aug. 7, 2002
U.S. v. Salgado
Statements made by illegal alien while in custody for unrelated charges are admissible in immigration proceeding.
Immigration Aug. 7, 2002
Paramasamy v. Ashcroft
Immigration judge's boilerplate adverse credibility findings of asylum petitioner are not supported by substantial evidence.
Immigration Jul. 22, 2002
Ramirez-Castro v. Immigration and Naturalization Service
Order of state court, expunging party's misdemeanor conviction after successful completion of probation, does not eliminate immigration consequences.
Immigration Jul. 9, 2002
U.S. v. Godinez-Rabadan
Indictment for unlawful re-entry of deported alien need not indicate exact date defendant was found in United States.
Immigration Jul. 2, 2002
Rios v. Ashcroft
Aliens whose lives were threatened in Guatemala for political reasons are entitled to asylum.
Immigration May 6, 2002
Vargas-Garcia v. INS
Combination of Notice of Appeal form, BIA's strict requirements and failure to give warning of appeal dismissal violated alien's due process rights.
Immigration May 6, 2002
Hoang v. Comfort
Mandatory detention of criminal aliens pending removal proceedings is unconstitutional.
Immigration May 1, 2002
Rodriguez-Lariz v. INS
Aliens whose attorney failed to file timely application to suspend deportation may have case reopened.
Immigration May 1, 2002
Sibanda v. INS
Aliens are ineligible to apply for suspension of deportation proceedings because they did not accumulate seven years of continuos residence.
Immigration May 1, 2002
Khalayleh v. INS
Bank fraud is aggravated felony justifying removal of alien.
Immigration Apr. 29, 2002
Papa v. United States
Statute of limitations period for minor children's 'Bivens' claims is tolled until they reach age of majority or file suit.
Immigration Apr. 24, 2002
Salazar-Paucar v. INS
Asylum petition is granted where INS failed to rebut presumption of well-founded fear of persecution by Peruvian guerrillas.
Immigration Apr. 24, 2002
Gui v. INS
Asylum applicant's lack of physical injury does not rebut finding of credibility for applicant's fear of past and future persecution.
Immigration Apr. 4, 2002
U.S. v. Hernandez-Garcia
Defendant who knew aliens in his van were unlawfully in United States is guilty of transporting illegal aliens.
Immigration Apr. 1, 2002
Montero-Martinez v. Ashcroft
Jurisdiction exists to review BIA's determination of purely legal and non-discretionary question of whether daughter is 'child' under 8 U.S.C. Section 1229b(b)(1)(D).
Immigration Mar. 25, 2002
Ramirez-Alejandre v. Ashcroft
There is no colorable claim of due process rights violations when party fails to avail self to open course of action.
Immigration Feb. 22, 2002
R.L. Investment Ltd. Partners v. INS
New arguments including impermissible retroactivity of INS rule, cannot be raised for first time on appeal and district court opinion is adopted.
Immigration Feb. 12, 2002
U.S. v. Ramos-Godinez
Defendant illegally entered United States of his free will because he eluded detection by border patrol for brief periods.
Immigration Feb. 12, 2002
Hakeem v. INS
Court lacks jurisdiction to review denial of asylum application and immigration judge's decision denying withholding of removal is supported by substantial evidence.
Immigration Feb. 12, 2002
Socop-Gonzalez v. INS
Equitable tolling for motions to reopen are permitted where deportable alien relied on improper instructions from INS official.
Immigration Jan. 23, 2002
U.S. v. Mendez-Casillas
Mexican citizen was validly arrested and deported despite missing signature on his warrant of deportation.
Immigration Jan. 23, 2002
Montiel- Barraza v. INS
Defendant's multiple convictions of driving under influence don't constitute 'crime of violence' for purpose of removal as aggravated felon.
Immigration Jan. 21, 2002
Alvarenga-Villalobos v. Ashcroft
'Magano-Pizano' rule does not apply retroactively to collaterally review reinstated deportation order.
Immigration Jan. 10, 2002
Otarola v. INS
Alien satisfied seven-year residency requirement to suspend deportation.
Immigration Jan. 7, 2002