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Name Category Published
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
Finau v. INS
Immigration law providing discretionary relief to otherwise-barred aliens seeking entry or adjustment of status does not violate equal protection. 		Immigration Dec. 13, 2001
U.S. v. Castellanos-Garcia
'Lack of official restraint' found where officer with no prior knowledge of alien's presence encounters alien for first time. 		Immigration Dec. 13, 2001
U.S. v. Chavez
Order 		Immigration Dec. 12, 2001
Mohamed Al-Saher v. INS
Based on sustained beatings, petitioner is entitled to withholding of removal under the United Nations Convention Against Torture. 		Immigration Dec. 11, 2001
Baeta v. Sonchik
Immigrant ordered removed following criminal conviction failed to raise evidence of U.S. citizenship. 		Immigration Dec. 10, 2001
U.S. v. Maria-Gonzalez
Alien properly received increased sentence for aggravated felony that occurred prior to enactment of sentencing law. 		Immigration Dec. 6, 2001
Popova v. INS
Asylum eligibility is proper upon showing that persecution to life and freedom will resume if Bulgarian alien is deported. 		Immigration Dec. 3, 2001
Dillingham v. INS
INS violated alien's right to equal protection by refusing to recognize British expungement of drug possession offense. 		Immigration Nov. 29, 2001
Opinion of Lockyer
Duties of local law enforcement under federal immigration laws are clarified. 		Immigration Nov. 23, 2001
Chen v. INS
Immigrant may be eligible for asylum based on opposition to Chinese marriage and family planning laws. 		Immigration Nov. 19, 2001
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