| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-71182
|
Arenas De Garcia v. Holder
Court has jurisdiction to review denial by BIA where evidence to reopen is ‘different in kind’ than evidence presented at immigration hearing. |
Immigration |
|
Sep. 2, 2010 | |
|
08-70390
|
Zetino v. Holder
Petitioner’s due process rights are not violated where Board of Immigration Appeals determines brief was untimely. |
Immigration |
|
Sep. 1, 2010 | |
|
08-70390
|
Zetino v. Holder
Court lacks jurisdiction to review discretionary decision of BIA without sufficiently meaningful standard to determine abuse of discretion. |
Immigration |
|
Aug. 31, 2010 | |
|
05-76408
|
Kamalyan v. Holder
Government fails to show that fundamental change in Armenia's treatment of Jehovah’s Witnesses dispelled asylum applicant’s well-founded fear of future persecution. |
Immigration |
|
Aug. 26, 2010 | |
|
06-71898
|
Daas v. Holder
Conviction for distributing chemicals with cause to believe they will be used to make methamphetamine constitutes aggravated felony. |
Immigration |
|
Aug. 25, 2010 | |
|
07-16988
|
Singh v. Napolitano
Petitioner seeking habeas relief must bring issue of ineffective assistance of counsel to Board of Immigration Appeals to exhaust administrative remedies. |
Immigration |
|
Aug. 24, 2010 | |
|
09-70460
|
Rodriguez v. Holder
Alien is ineligible for personal use exception where his conviction for possession of concentrated cannabis was not his only controlled substance offense. |
Immigration |
|
Aug. 24, 2010 | |
|
07-72415
|
Fernandes v. Holder
Denial of asylum application is proper upon finding applicant is not credible and fabricated entire claim of religious persecution. |
Immigration |
|
Aug. 23, 2010 | |
|
09-15672
|
Singh v. Clinton
Notice of eligibility for immigrant visa must be sent directly to eligible alien, not third party, as prerequisite for termination of registration. |
Immigration |
|
Aug. 23, 2010 | |
|
09-35734
|
Ruiz-Diaz v. United States
Regulation properly provides that beneficiaries of special immigrant religious worker visa petitions may apply for adjustment of status only after visa petition approval. |
Immigration |
|
Aug. 23, 2010 | |
|
05-75726
|
Khadka v. Holder
Adverse credibility finding based on belief that alien created document to support asylum application does not automatically give rise to frivolousness finding. |
Immigration |
|
Aug. 19, 2010 | |
|
06-75778
|
Martinez-Medina v. Holder
Local deputy sheriff does not egregiously violate Fourth Amendment rights by detaining Mexican nationals who offer information of their illegal presence. |
Immigration |
|
Aug. 13, 2010 | |
|
05-76746
|
Yepremyan v. Holder
Petition for review of BIA's decision is timely because day after Thanksgiving is not included in calculation of time period for filing. |
Immigration |
|
Aug. 11, 2010 | |
|
04-74313
|
Kawashima v. Holder
BIA must determine type of evidence in determining loss before finding act of assisting in false tax returns is aggravated felony. |
Immigration |
|
Aug. 5, 2010 | |
|
05-74666
|
Truong v. Holder
Family of sergeant who fought in US-backed South Vietnamese army fails to establish that past persecution occurred when living as refugees in Italy. |
Immigration |
|
Jul. 28, 2010 | |
|
08-72626
|
Afriyie v. Holder
Board of Immigration Appeals erroneously finds Ghanaian police are not unable or unwilling to control forces of persecution against Baptist preacher. |
Immigration |
|
Jul. 27, 2010 | |
|
08-73985
|
Rahimzadeh v. Holder
Withholding of removal is properly denied where applicant fails to report abuse to officials to demonstrate government is unable to control abuse. |
Immigration |
|
Jul. 27, 2010 | |
|
05-72179
|
Toj-Culpatan v. Holder
Language barrier and time in detention are not 'extraordinary circumstances' excusing asylum applicant's failure to petition within one year of entry. |
Immigration |
|
Jul. 23, 2010 | |
|
07-72618
|
Vega v. Holder
Petitioner must move to reopen within 90 days of BIA's initial merits determination, rather than denial of motion to reconsider. |
Immigration |
|
Jul. 20, 2010 | |
|
06-75728
|
Hernandez-Velasquez v. Holder
BIA fails to consider 'weight and consequences' of declaration and 'change of address' form before denying motion to reopen proceedings. |
Immigration |
|
Jul. 15, 2010 | |
|
07-71667
|
Banuelos-Ayon v. Holder
Conviction for corporal injury to spouse under California Penal Code constitutes federal crime of violence subjecting defendant to removability. |
Immigration |
|
Jul. 15, 2010 | |
|
08-73186
|
Jiang v. Holder
Boyfriend of girl who underwent forcible abortion is eligible for removability relief due to persecution by China’s coercive population control. |
Immigration |
|
Jul. 15, 2010 | |
|
06-71652
|
Perdomo v. Holder
Women of Guatemala may constitute ‘particular social group’ and given refugee status based on high murder rate. |
Immigration |
|
Jul. 13, 2010 | |
|
07-72492
|
Padilla-Romero v. Holder
Alien who held lawful permanent resident status for five years but later lost that status is ineligible for cancellation of removal. |
Immigration |
|
Jul. 12, 2010 | |
|
08-72314
|
Cortez-Pineda v. Holder
Entry date contained in Notice to Appear for removal proceedings does not bind court as judicial admission if date is subsequently contested. |
Immigration |
|
Jul. 6, 2010 | |
|
07-70632
|
Carlos-Blaza v. Holder
Bank employee's conviction for knowingly stealing, embezzling, and misapplying moneys constitutes aggravated felony. |
Immigration |
|
Jul. 1, 2010 | |
|
06-73377
|
Lin v. Holder
Immigration Judge properly denies admission to Chinese citizen who assisted escape of practitioner of Falun Gong religion. |
Immigration |
|
Jun. 29, 2010 | |
|
06-70811
|
Tampubolon v. Holder
BIA errs in failing to apply disfavored group analysis to Indonesian Christians where record showed that Christians in Indonesia are disfavored group. |
Immigration |
|
Jun. 28, 2010 | |
|
08-74497
|
Almaraz v. Holder
International trade agreement is not changed country condition that can resurrect alien’s late-filed motion to reopen immigration case. |
Immigration |
|
Jun. 23, 2010 | |
|
09-60
|
Carachuri-Rosendo v. Holder
Simple drug possession not charged as enhanced offense is not ‘aggravated felony’ under Immigration and Nationality Act. |
Immigration |
|
Jun. 15, 2010 |
