| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-15543
|
Negrete v. Holder
Appellate court has jurisdiction over due process claim stemming from denial of motion for cancellation of removal based on hardship. |
Immigration |
|
May 12, 2009 | |
|
06-73693
|
Brezilien v. Holder
Reversal of asylum grant exceeds scope of review where immigration judge's key factual findings were overturned or replaced. |
Immigration |
|
May 12, 2009 | |
|
04-70983
|
Alcala v. Holder
Court lacks jurisdiction to review grant of motion to dismiss removal proceedings where government intended to reinstate prior order. |
Immigration |
|
Apr. 28, 2009 | |
|
05-10224
|
U.S. v. Diaz-Argueta
Conviction for assault with firearm deemed felony absent court declaration or filing of respective application to designate offense as misdemeanor. |
Immigration |
|
Apr. 26, 2009 | |
|
08-681
|
Nken v. Holder
Traditional factors, rather than standard within 8 U.S.C. Section 1252(f), govern court authority to stay alien's removal where judicial review is pending. |
Immigration |
|
Apr. 22, 2009 | |
|
04-73843
|
Sinha v. Holder
Incidents against Indo-Fijian on account of race satisfy 'nexus' prong of past persecution analysis. |
Immigration |
|
Apr. 21, 2009 | |
|
03-74442
|
Delgado v. Holder
Alien's asylum application remanded where convictions for driving under the influence improperly found to be 'particularly serious crimes' precluding relief. |
Immigration |
|
Apr. 20, 2009 | |
|
07-55470
|
U.S. v. Santacruz
Naturalization revoked after alien fails to disclose possession of child pornography conviction, a crime involving moral turpitude. |
Immigration |
|
Apr. 20, 2009 | |
|
06-72402
|
Ramos-Lopez v. Holder
Young men who resist recruitment into criminal gang do not constitute 'cognizable social group' for immigration purposes. |
Immigration |
|
Apr. 17, 2009 | |
|
06-71445
|
Ramirez-Altamirano v. Holder
Expunged state conviction for possession of drug paraphernalia cannot be used to prelude cancellation of removal. |
Immigration |
|
Apr. 15, 2009 | |
|
04-75676
|
Mutarreb v. Holder
Order for removal in absentia improper where sole evidence was alien's failure to include college term in asylum application. |
Immigration |
|
Apr. 7, 2009 | |
|
06-71048
|
Kaur v. Holder
Detailed summary of classified information must be provided to alien petitioner in order to rebut alleged immigration fraud. |
Immigration |
|
Apr. 2, 2009 | |
|
05-71825
|
Mengstu v. Holder
Petition to reconsider asylum granted for alien subjected to deportation and denationalization by Ethiopian government based on her Eritrean origin. |
Immigration |
|
Mar. 30, 2009 | |
|
08-50130
|
U.S. v. Marguet-Pillado
Out of wedlock son cannot establish derivative citizenship without blood relationship with parent who is U.S. citizen. |
Immigration |
|
Mar. 30, 2009 | |
|
04-75584
|
Sanchez v. Holder
'Family unit' exception does not apply to alien seeking to establish good moral character for cancellation of removal. |
Immigration |
|
Mar. 27, 2009 | |
|
05-75772
|
Estrada v. Holder
Federal First Offender Act relief is unavailable when defendant violates parole condition for drug possession offense. |
Immigration |
|
Mar. 27, 2009 | |
|
05-70053
|
Li v. Holder
Chinese citizen of North Korean descent is persecuted for political opinion where no legitimate prosecutorial purpose existed behind detention. |
Immigration |
|
Mar. 24, 2009 | |
|
S151561
|
People v. Villa
Resurrection of 1989 conviction for deportation purposes resulting in federal custody is not basis for habeas corpus relief under California jurisdiction. |
Immigration |
|
Mar. 17, 2009 | |
|
06-73157
|
Martinez-Madera v. Holder
Marriage of alien parent to U.S. citizen after petitioner was born does not establish derivative citizenship. |
Immigration |
|
Mar. 17, 2009 | |
|
05-71539
|
Wakkary v. Holder
Alien filing for asylum beyond one-year rule due to delay caused by gathering of documents falls under 'extraordinary circumstance' exception. |
Immigration |
|
Mar. 11, 2009 | |
|
08-30022
|
U.S. v. Krstic
Alien may be prosecuted for possession of authentic immigration document procured by false statement. |
Immigration |
|
Mar. 11, 2009 | |
|
04-76644
|
Marmolejo-Campos v. Holder
DUI offense committed with knowledge that driver's license was revoked is crime of moral turpitude. |
Immigration |
|
Mar. 5, 2009 | |
|
07-499
|
Negusie v. Holder
<EM>Fedorenko v. United States</EM> is not controlling in determining whether the 'persecutor bar' is triggered by alien who assists in persecution due to coercion. |
Immigration |
|
Mar. 4, 2009 | |
|
04-72975
|
Martinez v. Holder
Adverse credibility finding upheld where alien initially lies about political persecution and later claims persecution based on homosexuality. |
Immigration |
|
Mar. 4, 2009 | |
|
04-74220
|
Samayoa-Martinez v. Holder
INS does not violate federal regulations by questioning alien without informing him of his rights prior to filing of notice to appear. |
Immigration |
|
Mar. 4, 2009 | |
|
06-72369
|
Alanis-Alvarado v. Holder
Permanent resident is removable due to violation of protection order even if violence was not involved in conviction. |
Immigration |
|
Mar. 4, 2009 | |
|
06-71822
|
Soto-Olarte v. Holder
'Deemed credible' rule does not apply where petitioner was not given opportunity to explain inconsistencies. |
Immigration |
|
Feb. 24, 2009 | |
|
04-73843
|
Sinha v. Holder
Incidents against Indo-Fijian on account of race satisfy 'nexus' prong of past persecution analysis. |
Immigration |
|
Feb. 11, 2009 | |
|
06-74450
|
Sun v. Mukasey
Fugitive disentitlement doctrine does not apply to dismiss alien's case where her whereabouts were known during pendency of petition. |
Immigration |
|
Feb. 10, 2009 | |
|
06-71445
|
Ramirez-Altamirano v. Mukasey
Expunged state conviction for possession of drug paraphernalia does not qualify as conviction for immigration purposes. |
Immigration |
|
Feb. 5, 2009 |
