| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-72111
|
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year. |
Immigration |
|
Dec. 9, 2011 | |
|
07-74047
|
Pagayon v. Holder
Alien’s admission of removability at pleading stage, if accepted by immigration judge, establishes removability. |
Immigration |
|
Dec. 9, 2011 | |
|
04-72167
|
Kwong v. Holder
First-degree burglary conviction under California law is crime of violence subjecting defendant to removal, and is sufficiently established by state court's abstract of judgment. |
Immigration |
|
Dec. 8, 2011 | |
|
08-70343
|
Castro-Martinez v. Holder
Petitioner fails to demonstrate ‘past persecution’ for purposes of asylum based on childhood sexual abuse because private actors inflicted attack. |
Immigration |
|
Dec. 6, 2011 | |
|
09-72059
|
Carrillo de Palacios v. Holder
Exception to inadmissibility, which allows aliens to seek readmission after 10 years since last departure, does not apply if alien fails to remain outside U.S. for over 10 years. |
Immigration |
|
Dec. 2, 2011 | |
|
06-74703
|
Lezama-Garcia v. Holder
Applicant for adjustment of status under Section 202 of Nicaraguan Adjustment and Central American Relief Act does not abandon application by unintentionally crossing border. |
Immigration |
|
Dec. 1, 2011 | |
|
07-70118
|
Perez-Mejia v. Holder
Government is relieved of burden of offering further evidence to prove removability because alien admitted conviction and conceded removability at pleading stage. |
Immigration |
|
Nov. 25, 2011 | |
|
09-71661
|
Lopez-Cardona v. Holder
Residential burglary is particularly serious crime with substantial risk of physical force, making alien ineligible for withholding of removal. |
Immigration |
|
Nov. 21, 2011 | |
|
06-71680
|
Gutierrez v. Holder
Immigration Judge is not limited to immediate present, but reasonable period of time, in assessing applicant’s good moral character for purposes of granting registry. |
Immigration |
|
Nov. 8, 2011 | |
|
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 |
|
Nov. 4, 2011 | |
|
08-73004
|
Garcia v. Holder
Petitioner’s parole as Special Immigrant Juvenile qualifies as ‘admission in any status’ for purposes of eligibility for cancellation of removal. |
Immigration |
|
Nov. 3, 2011 | |
|
09-35174
|
Gonzales v. U.S. Dept. of Homeland Security
Appellate court ruling, which held that applicants could not adjust status because they were ineligible to receive Form I-212 waivers, applies retroactively. |
Immigration |
|
Oct. 26, 2011 | |
|
10-72147
|
Arsdi v. Holder
Alien fails to exhaust administrative remedies in challenging IJ’s ruling that crime was 'particularly serious' where he only raised general allegations in appeal to BIA. |
Immigration |
|
Oct. 25, 2011 | |
|
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 |
|
Oct. 11, 2011 | |
|
06-73470
|
Jiang v. Holder
Immigration judge errs in refusing to allow alien to authenticate foreign documents through his own testimony to prove unmarried status. |
Immigration |
|
Sep. 26, 2011 | |
|
06-74309
|
Haile v. Holder
Alien is eligible for deferral removal despite terrorist involvement where alien demonstrated likelihood of torture by government if returned to country of citizenship. |
Immigration |
|
Sep. 26, 2011 | |
|
09-73625
|
Cole v. Holder
Denial of application for relief under Convention Against Torture is improper because BIA failed to give reasoned consideration to potentially dispositive expert testimony. |
Immigration |
|
Sep. 22, 2011 | |
|
08-71086
|
Luna v. Holder
Petitioner fails to show due diligence in discovering deadline for filing special motion to reopen and thus, is not entitled to equitable tolling of deadline. |
Immigration |
|
Sep. 19, 2011 | |
|
06-72111
|
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year. |
Immigration |
|
Sep. 15, 2011 | |
|
10-70087
|
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony. |
Immigration |
|
Sep. 13, 2011 | |
|
06-75319
|
Santiago-Rodriguez v. Holder
Attorney’s admission of allegations on behalf of alien in removal proceedings is egregious circumstance where admission is not probative of truth of allegation. |
Immigration |
|
Sep. 12, 2011 | |
|
07-70056
|
Singh v. Holder
Delay in filing of asylum application is reasonable where filing occurred within six months of lawful nonimmigrant status expiration, and in light of government’s delay. |
Immigration |
|
Sep. 9, 2011 | |
|
10-50521
|
U.S. v. Cisneros-Resendiz
Failure to advise alien of right to withdraw application for admission is not fundamentally unfair where alien failed to establish factors directly relating to inadmissibility. |
Immigration |
|
Sep. 7, 2011 | |
|
09-56786
|
Cuellar de Osorio v. Mayorkas
Child Status Protection Act’s priority date retention does not apply to aged-out derivative beneficiaries whose relatives filed petitions through family-sponsored immigration process. |
Immigration |
|
Sep. 6, 2011 | |
|
07-71027
|
Li v. Holder
Immigration judge properly exercises discretion in denying asylum to alien who entered country in egregious manner that carried high risk of death. |
Immigration |
|
Sep. 2, 2011 | |
|
10-71066
|
Khoshfahm v. Holder
Parent’s intent to abandon legal residency status is imputed to unemancipated minor child, until child turns 18 years old. |
Immigration |
|
Aug. 26, 2011 | |
|
03-74442
|
Delgado v. Holder
For asylum purposes, BIA is permitted to determine whether alien's DUI convictions are particularly serious, making him ineligible for asylum. |
Immigration |
|
Aug. 22, 2011 | |
|
08-71315
|
Ren v. Holder
Alien is not entitled to relief due to lack of corroborative evidence despite impermissible adverse credibility determination based on trivial inconsistencies and mischaracterizations. |
Immigration |
|
Aug. 22, 2011 | |
|
06-73369
|
Pinto v. Holder
BIA decision denying relief from removal but remanding case for voluntary departure proceedings remains reviewable as final order of removal. |
Immigration |
|
Aug. 15, 2011 | |
|
06-73345
|
Soriano-Vino v. Holder
Information obtained from permanent residency card, and not application for Special Agricultural Workers program, does not violate confidentiality provision under program. |
Immigration |
|
Aug. 11, 2011 |
