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Name Category Published
Nian v. Holder
Court has jurisdiction to consider denial of alien crew member’s petition for asylum in asylum-only proceedings because decision was functional equivalent of final order of removal.
Immigration Jun. 29, 2012
Rodriguez v. Holder
BIA commits legal error by making its own factual determination and engaging in de novo review of immigration judge’s factual findings.
Immigration Jun. 28, 2012
Arizona v. United States
Arizona's S.B. 1070, which created new state immigration offenses and gave officers arrest authority as to certain aliens, is largely preempted by federal law.
Immigration Jun. 25, 2012
Vilchez v. Holder
Removal hearing by video-conference does not necessarily violate due process where alien failed to establish that outcome of hearing was affected.
Immigration Jun. 19, 2012
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture.
Immigration Jun. 10, 2012
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture.
Immigration Jun. 10, 2012
Mirmehdi v. United States
Alien’s ‘Bivens’ claim alleging unlawful detention fails because adequate alternative remedies existed and immigration context implicated foreign policy.
Immigration Jun. 7, 2012
Holder v. Gutierrez
Each alien seeking cancellation of removal is required to satisfy 8 U.S.C. Section 1229b(a)’s requirements on his or her own, without imputing parent’s status.
Immigration May 21, 2012
Oyeniran v. Holder
Collateral estoppel binds BIA to prior determination that alien presented sufficient evidence under Convention Against Torture based on violence due to religious differences.
Immigration May 3, 2012
Rivas v. Napolitano
Doctrine of consular nonreviewability does not apply to consulate’s lack of action on applicant’s request for reconsideration of denial of visa application.
Immigration Apr. 25, 2012
Robles-Urrea v. Holder
Misprision of felony is not categorically crime involving moral turpitude because misprision is not 'inherently base, vile, or depraved.'
Immigration Apr. 23, 2012
Arbid v. Holder
Alien is no longer eligible for asylum and withholding of removal after conviction for mail fraud, which is considered 'particularly serious' crime.
Immigration Apr. 3, 2012
Vartelas v. Holder
Lawful permanent resident, who was convicted before enactment of Illegal Immigration Reform and Immigrant Responsibility Act, may travel abroad without jeopardizing status.
Immigration Mar. 28, 2012
Peng v. Holder
Alien who was convicted of crime, which did not constitute aggravated felony, before enactment of IIRIRA remains eligible to apply for waiver of inadmissibility.
Immigration Mar. 22, 2012
Anderson v. Holder
Petitioner born in England out of wedlock is United States citizen because he is undisputed natural child of United States citizen.
Immigration Mar. 12, 2012
Oyeniran v. Holder
Collateral estoppel binds BIA to prior determination that alien presented sufficient evidence under Convention Against Torture based on violence due to religious differences.
Immigration Mar. 6, 2012
Rohit v. Holder
Alien's conviction for disorderly conduct involving solicitation of prostitution constitutes crime involving moral turpitude, making him deportable.
Immigration Feb. 29, 2012
Kawashima v. Holder
Filing of false tax return that caused government loss in excess of $10,000 constitutes aggravated felony and serves as grounds for deportation.
Immigration Feb. 22, 2012
Latter-Singh v. Holder
Conviction for making threats 'with intent to terrorize' constitutes crime involving moral turpitude, which renders alien ineligible for relief from removal.
Immigration Feb. 21, 2012
Rangel-Zuazo v. Holder
Board of Immigration Appeals' decision to deny petitioner relief due to failure to meet comparability requirement is in error because requirement is arbitrary and capricious.
Immigration Feb. 14, 2012
Zarate v. Holder
Alien’s departure following conviction is akin to formal removal procedure, interrupting his continuous presence in U.S. making him ineligible for cancellation of removal.
Immigration Feb. 10, 2012
Mendoza-Pablo v. Holder
Infant is subjected to persecution where mother's persecution materially impeded her ability to provide for basic needs of her child.
Immigration Feb. 8, 2012
U.S. v. Casasola
Law requiring naturalization of both parents before child is granted derivative citizenship is constitutional because it protected general rights of both parents.
Immigration Jan. 31, 2012
Tyson v. Holder
Permanent resident who agreed to stipulated facts trial qualifies for discretionary relief from deportation despite repeal of such relief for drug convictions.
Immigration Jan. 30, 2012
Oshodi v. Holder
BIA sufficiently complies with Ninth Circuit’s mandate on remand by considering REAL ID Act’s impact on requirement to provide corroborating evidence.
Immigration Jan. 27, 2012
Meza-Vallejos v. Holder
Petitioner may file motion affecting request for voluntary departure on first business day following voluntary departure period where expiration date fell on Saturday.
Immigration Jan. 23, 2012
U.S. v. Melendez-Castro
Deportation may have been invalid where defendant was told that applying for voluntary departure would be futile because of his criminal record.
Immigration Jan. 19, 2012
Chettiar v. Holder
CIS does not lose jurisdiction over petition to remove conditions on residence if it fails to adjudicate within 90 days of initial interview.
Immigration Jan. 18, 2012
United States v. Arango
In denaturalization proceeding, summary judgment for government is improper where defendant presented evidence that INS entered into agreement permitting him to naturalize.
Immigration Jan. 13, 2012
Romero-Mendoza v. Holder
Under Salvadoran law, alien fails to establish derivative citizenship due to his legitimation despite elimination of distinctions between legitimate and illegitimate children.
Immigration Dec. 20, 2011