| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-73643
|
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 | |
|
08-71481
|
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 | |
|
11-182
|
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 | |
|
09-71070
|
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 | |
|
09-56999
|
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 | |
|
09-56999
|
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 | |
|
09-55846
|
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 | |
|
10-1542
|
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 | |
|
09-73683
|
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 | |
|
09-56843
|
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 | |
|
06-71935
|
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 | |
|
09-73211
|
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 | |
|
10-1211
|
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 | |
|
06-75841
|
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 | |
|
07-74042
|
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 | |
|
09-73683
|
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 | |
|
10-70091
|
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 | |
|
10-577
|
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 | |
|
08-71277
|
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 | |
|
07-72316
|
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 | |
|
08-70696
|
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 | |
|
07-73592
|
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 | |
|
10-50376
|
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 | |
|
08-70219
|
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 | |
|
08-71478
|
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 | |
|
07-70638
|
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 | |
|
10-50620
|
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 | |
|
08-70035
|
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 | |
|
10-15821
|
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 | |
|
08-74674
|
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 |
