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Chouchkov v. INS
Rebuttable presumption of fear of persecution is created when alien fears for own life after opposing nuclear materials deal between Russia and Iran.
Immigration Oct. 5, 2000
Alarcon-Serrano v. INS
Alien who is found inadmissible or deportable for committing crime has no right to appeal order.
Immigration Oct. 5, 2000
Albillo-Figueroa v. INS
Conviction for possession of counterfeit U.S. obligations is a deportable offense.
Immigration Oct. 4, 2000
Shah v. INS
Adverse credibility findings must offer specific, cogent reasons for stated disbelief; they cannot be based on clerical errors or blanket statements in State Department reports.
Immigration Oct. 4, 2000
Cardenas-Uriarte v. INS
Immigrant convicted of possessing drug paraphernalia did not commit deportable offense if he qualifies for first offender treatment.
Immigration Oct. 2, 2000
Bandari v. INS
Immigration judge' s adverse credibility finding may not be based on petitioner's minor discrepancies concerning time and location of severe beating by police.
Immigration Oct. 2, 2000
Sidhu v. INS
Adverse credibility finding withstands appellate review where applicant's credibility is questioned and applicant fails to produce corroborating evidence.
Immigration Sep. 27, 2000
U.S. v. Armenta-Castro
Unusually vigorous prosecution for re-entering country after deportation does not justify departing downward from sentencing guidelines.
Immigration Sep. 20, 2000
Zahedi v. INS
Refugee facing persecution in home country for distribution of political literature is eligible for asylum.
Immigration Sep. 13, 2000
Chanchavac v. INS
Alien is entitled to asylum based on evidence of pervasive violence against alien by homeland military forces.
Immigration Sep. 11, 2000
United States v. Garza-Sanchez
Immigration Judge does not have duty to advise respondent of potential constitutional challenges to immigration laws.
Immigration Aug. 31, 2000
Pichardo v. INS
Alien must have intent to engage in drug trade before being deported for drug trafficking.
Immigration Aug. 31, 2000
Navas v. INS
Murders of family members for political reasons establishes statutory eligibility for asylum when persecutors know of petitioner's similar political activities.
Immigration Aug. 31, 2000
Hernandez-Montiel v. INS
Gay man who dresses as woman is granted asylum because he has well-founded fear of persecution in Mexico.
Immigration Aug. 31, 2000
Barapind v. Reno
Board of Immigration Appeals may hold alien's asylum in abeyance pending completion of extradition proceedings.
Immigration Aug. 31, 2000
Garcia v. INS
Personal service of notice of hearing on alien's counsel constitutes adequate notice of deportation.
Immigration Aug. 29, 2000
Ladha v. INS
BIA cannot require corroborative evidence to support credible testimony of aliens at asylum hearing.
Immigration Aug. 25, 2000
Alberto-Gonzalez v. INS
Alien sentenced to 79 days imprisonment for burglary conviction not deportable as aggravated felon under Immigration and Naturalization Act.
Immigration Aug. 25, 2000
Ye v. INS
Under immigration laws, vehicular burglary not aggravated felony for purposes of removal.
Immigration Aug. 25, 2000
Ladha v. INS
BIA cannot require corroborative evidence to support credible testimony of aliens at asylum hearing.
Immigration Aug. 24, 2000
Chand v. INS
Alien persecuted on protected ground who faces significant continuing violence in home country in years after coup is eligible for asylum.
Immigration Aug. 15, 2000
Jara v. INS
Order
Immigration Aug. 15, 2000
U.S. v. Olafson
Court may admit hearsay statement and isn't required to allow phone depositions even though it would've avoided safety and administrative concerns.
Immigration Aug. 5, 2000
Belayneh v. INS
Political view and activities of asylum applicant's former spouse are insufficient to support claim of well-founded fear of persecution.
Immigration Aug. 5, 2000
Rivera-Moreno v. INS
Guerrilla retaliation against nurse because of her refusal to provide medical care does not qualify her for asylum or withholding of deportation.
Immigration Aug. 5, 2000
Ontiveros-Lopez v. INS
Denying motion to reopen deportation proceedings without considering explanation of failure to submit supporting documents is abuse of discretion.
Immigration Aug. 5, 2000
Singh v. INS
BIA may not rely on previously unannounced evidentiary standard to deny motion to reopen in absentia deportation proceeding.
Immigration Aug. 5, 2000
Beltran-Tirado v. INS
Use of false Social Security number to further otherwise legal behavior is not crime of 'moral turpitude' under Immigration and Nationality Act.
Immigration Aug. 5, 2000
Castillo-Perez v. INS
Alien entitled to relief from deportation is not preclued from applying for it by failing to meet formal administrative pleading and proof requirements.
Immigration Aug. 5, 2000
Avetova-Elisseva v. INS
In asylum proceedings, well-founded fear of persecution, if supported by substantial evidence, may justify granting asylum or withholding of deportation.
Immigration Aug. 5, 2000