| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 06-73491 
 | 
Malkandi v. Mukasey
 Iraqi's prior misrepresentations to gain refugee status and evidence that he aided al Qaeda operative support adverse national security finding.  | 
Immigration | 
 | 
Sep. 22, 2008 | |
| 
 07-55337 
 | 
Diouf v. Mukasey
 District court errs in granting habeas petition of alien whose detention was not 'indefinite' under 8 U.S.C. Section 1231(a)(6).  | 
Immigration | 
 | 
Sep. 19, 2008 | |
| 
 07-71880 
 | 
Mota v. Mukasey
 Conviction for domestic violence prior to IIRIRA's effective date does not render applicant ineligible for cancellation of removal proceedings.  | 
Immigration | 
 | 
Sep. 18, 2008 | |
| 
 05-75865 
 | 
Karapetyan v. Mukasey
 Substantial evidence does not support immigration judge's decision that asylum applicant failed to establish past or well-founded fear of persecution.  | 
Immigration | 
 | 
Sep. 17, 2008 | |
| 
 04-75643 
 | 
Cosa v. Mukasey
 Immigration judge's speculation about Millenist faith does not support asylum applicant's adverse credibility finding.  | 
Immigration | 
 | 
Sep. 16, 2008 | |
| 
 05-75844 
 | 
Bromfield v. Mukasey
 Petitioner is granted review in removal case where country report indicates Jamaica's pattern of persecuting gay men.  | 
Immigration | 
 | 
Sep. 16, 2008 | |
| 
 06-17252 
 | 
Hassan v. Chertoff
 Court lacks jurisdiction to review government actions challenged by plaintiff denied admission to United States.  | 
Immigration | 
 | 
Sep. 12, 2008 | |
| 
 05-75157 
 | 
Figueroa v. Mukasey
 Immigration judge applies improper legal standard in determining whether aliens demonstrated removal would result in sufficient hardship on children.  | 
Immigration | 
 | 
Sep. 11, 2008 | |
| 
 06-72797 
 | 
Ortiz-Magana v. Mukasey
 Conviction under Penal Code Section 245(a)(1) for being accomplice or principal both constitute ‘aggravated felonies’ for immigration purposes, subjecting petitioner to removal.  | 
Immigration | 
 | 
Sep. 10, 2008 | |
| 
 07-70604 
 | 
Santos-Lemus v. Mukasey
 Board of Immigration Appeals properly concludes that petitioner has unfounded fear of persecution based on family membership.  | 
Immigration | 
 | 
Sep. 9, 2008 | |
| 
 06-72369 
 | 
Alanis-Alvarado v. Mukasey
 Permanent resident is removable due to violation of protection order even if violence was not involved in conviction.  | 
Immigration | 
 | 
Sep. 4, 2008 | |
| 
 07-75041 
 | 
Zhao v. Mukasey
 Married couple has well-founded fear of future persecution for continuing spiritual practice banned in China.  | 
Immigration | 
 | 
Aug. 27, 2008 | |
| 
 06-74372 
 | 
Dzyuba v. Mukasey
 Removal case is remanded for Board of Immigration Appeals to determine whether pre-independent Ukraine qualifies as 'country.'  | 
Immigration | 
 | 
Aug. 26, 2008 | |
| 
 06-70361 
 | 
Castro de Mercado v. Mukasey
 Appellate court lacks jurisdiction to review immigration judge's decision holding couple's removal would not impose exceptional hardship on family.  | 
Immigration | 
 | 
Aug. 22, 2008 | |
| 
 04-15411 
 | 
Garcia de Rincon v. Dept. of Homeland Security
 Expedited removal order under Immigration and Nationality Act is not subject to judicial review.  | 
Immigration | 
 | 
Aug. 22, 2008 | |
| 
 06-72938 
 | 
Sowe v. Mukasey
 BIA must determine whether atrocity of past persecution justifies granting relief to asylum applicant whose fear of future persecution has been rebutted.  | 
Immigration | 
 | 
Aug. 19, 2008 | |
| 
 05-72185 
 | 
Cui v. Mukasey
 Immigration Judge abuses discretion in refusing to grant applicant continuance to resubmit fingerprints for security check required for withholding of removal.  | 
Immigration | 
 | 
Aug. 19, 2008 | |
| 
 04-74010 
 | 
Toufighi v. Mukasey
 BIA has broad discretion when ruling on motion to reopen, but must show proper consideration of all favorable and unfavorable factors.  | 
Immigration | 
 | 
Aug. 18, 2008 | |
| 
 06-73218 
 | 
Doissaint v. Mukasey
 Where Board of Immigration Appeals commits legal error in petitioner's direct appeal, it cannot cure error in denial of motion to reopen.  | 
Immigration | 
 | 
Aug. 18, 2008 | |
| 
 06-75823 
 | 
Choin v. Mukasey
 K visa holder who was married to United States citizen is improperly denied adjustment of status based on divorce.  | 
Immigration | 
 | 
Aug. 13, 2008 | |
| 
 06-74494 
 | 
Romero-Ruiz v. Mukasey
 Petitioner who lacked lawful permanent resident status at time of his mother's naturalization is ineligible for derivative citizenship.  | 
Immigration | 
 | 
Aug. 13, 2008 | |
| 
 06-70868 
 | 
Lopez-Rodriguez v. Mukasey
 Where INS agents perform search in egregious violation of Fourth Amendment, evidence of alienage obtained after violation must be suppressed.  | 
Immigration | 
 | 
Aug. 11, 2008 | |
| 
 06-72967 
 | 
Zhu v. Mukasey
 In asylum case, petition for review is granted where immigration judge did not assert proper basis for adverse credibility finding.  | 
Immigration | 
 | 
Aug. 4, 2008 | |
| 
 07-70606 
 | 
Nehad v. Mukasey
 Counsel provides ineffective assistance where he coerced client into accepting voluntary departure by threatening to withdraw.  | 
Immigration | 
 | 
Aug. 1, 2008 | |
| 
 07-56261 
 | 
Casas-Castrillon v. Dept. of Homeland Security
 Government may not detain alien for seven years without providing him adequate opportunity to contest detention before neutral decision maker.  | 
Immigration | 
 | 
Jul. 30, 2008 | |
| 
 04-74576 
 | 
Gonzalez v. Mukasey
 Petitioner did not assist in alien smuggling where she merely acquiesced in father's use of U.S. birth certificate to smuggle undocumented infant.  | 
Immigration | 
 | 
Jul. 30, 2008 | |
| 
 06-73670 
 | 
Rodriguez-Echeverria v. Mukasey
 Immigration Judge errs in determining permanent resident was not under arrest when she gave incriminating statements to border patrol officers.  | 
Immigration | 
 | 
Jul. 28, 2008 | |
| 
 07-35458 
 | 
Prieto-Romero v. Clark
 Government may continue to detain legal permanent resident for over three years while he seeks administrative and judicial review of removal order.  | 
Immigration | 
 | 
Jul. 28, 2008 | |
| 
 06-75217 
 | 
Parussimova v. Mukasey
 Ethnic Russian woman is not eligible for asylum where she was not attacked in Kazakhstan on account of protected ground.  | 
Immigration | 
 | 
Jul. 25, 2008 | |
| 
 05-74817 
 | 
Singh v. Mukasey
 Criminal alien who files more than 30 days after enactment of REAL ID Act is not eligible for judicial review of removal order.  | 
Immigration | 
 | 
Jul. 24, 2008 | 
