| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-74162
|
Villegas v. Mukasey
Relief under 'Convention Against Torture' is denied where conditions in Mexican mental institution do not amount to torture. |
Immigration |
|
Apr. 24, 2008 | |
|
03-71578
|
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101. |
Immigration |
|
Apr. 23, 2008 | |
|
04-75650
|
Gutierrez v. Mukasey
Petitioner's departure to Mexico interrupts his accrual of continuous physical presence for purposes of cancellation of removal. |
Immigration |
|
Apr. 3, 2008 | |
|
04-75584
|
Sanchez v. Mukasey
Family unity waiver applies to cancellation of removal when smuggled alien is applicant's spouse, parent, son, or daughter. |
Immigration |
|
Apr. 3, 2008 | |
|
07-55018
|
Momeni v. Chertoff
Under Visa Waiver Program, unless applying for asylum, tourist may not contest deportation even if he filed application for adjustment of status. |
Immigration |
|
Apr. 1, 2008 | |
|
06-73857
|
Silah v. Mukasey
Court lacks jurisdiction to review denial of asylum application where person petitioning to withhold removal cannot establish arrival date or continued persecution. |
Immigration |
|
Mar. 28, 2008 | |
|
06-75021
|
Orozco v. Mukasey
Alien who enters country by fraudulent means is statutorily ineligible for adjustment of status. |
Immigration |
|
Mar. 26, 2008 | |
|
06-74228
|
Fernandez v. Mukasey
Eligibility for cancellation of removal requires applicant to establish removal would result in exceptional and extremely unusual hardship to alien's child. |
Immigration |
|
Mar. 26, 2008 | |
|
04-73309
|
Huang v. Mukasey
Case remanded to determine whether petitioners failed to prove past or well-founded fear of future persecution. |
Immigration |
|
Mar. 25, 2008 | |
|
07-55353
|
Manta v. Chertoff
International treaty does not require Greek government to submit depositions as competent evidence supporting foreign petitioner's extradition for fraud. |
Immigration |
|
Mar. 12, 2008 | |
|
04-74290
|
Mustanich v. Mukasey
Citizenship cannot be conferred by estoppel where statutory requirements for naturalization have not been satisfied. |
Immigration |
|
Mar. 12, 2008 | |
|
04-72651
|
Lemus-Galvan v. Mukasey
Court has jurisdiction to review denials of deferral of removal under Convention Against Torture because such decisions are based on merits. |
Immigration |
|
Mar. 12, 2008 | |
|
06-70638
|
Al-Mousa v. Mukasey
On remand, BIA must consider whether asylum applicant under 21 years of age is minor, excusing his failure to exhaust claim. |
Immigration |
|
Mar. 6, 2008 | |
|
06-71955
|
Shin v. Mukasey
Government cannot be held responsible for felonious and unauthorized issuance of residency documentation by 'thieving' employee. |
Immigration |
|
Mar. 5, 2008 | |
|
06-72823
|
Hong v. Mukasey
Evidence of petitioner’s fraudulently obtained permanent alien status was properly admitted at removal proceedings because petitioner had no protected interest in information. |
Immigration |
|
Mar. 5, 2008 | |
|
04-70324
|
Navarro v. Mukasey
Petitioners fall within settlement class where date on which immigration judge scheduled hearing fall within prescribed time frame. |
Immigration |
|
Mar. 5, 2008 | |
|
06-71385
|
Blanco v. Mukasey
Cancellation of removal matter is remanded in case where false identification to peace officer is not crime involving moral turpitude. |
Immigration |
|
Mar. 4, 2008 | |
|
06-75425
|
Kalilu v. Mukasey
Board of Immigration Appeals abuses discretion in denying petitioner's motion to reopen where he is eligible for adjustment based on valid marriage. |
Immigration |
|
Feb. 14, 2008 | |
|
04-73029
|
Perez v. Mukasey
Petitioner who arrives late for removal hearing while judge is still on bench need not show exceptional circumstances for failure to appear. |
Immigration |
|
Feb. 14, 2008 | |
|
05-77020
|
Grigoryan v. Mukasey
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance. |
Immigration |
|
Feb. 6, 2008 | |
|
04-73484
|
Morales v. Mukasey
Lawyer provides ineffective assistance to immigrant mother who met physical presence and exceptional hardship requirements for cancellation of removal. |
Immigration |
|
Jan. 25, 2008 | |
|
06-73237
|
Vizcarra-Ayala v. Mukasey
Defendant’s conviction for forgery under state law is not categorical offense ‘relating to forgery' under Immigration and Naturalization Act. |
Immigration |
|
Jan. 24, 2008 | |
|
06-73523
|
Perez v. Mukasey
Domestic violence or fourth degree assault is not categorically crime of violence for purposes of removal. |
Immigration |
|
Jan. 23, 2008 | |
|
06-56084
|
L.A. Closeout Inc. v. Dept. of Homeland Security
Agency properly denies adjustment application based on internal memorandum showing specialty occupation worker did not 'maintain' status after tourist visa expired. |
Immigration |
|
Jan. 22, 2008 | |
|
03-74488
|
Kalouma v. Gonzales
Immigration judge errs by incorrectly placing burden on asylum applicant to establish his identity under Illegal Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
Jan. 16, 2008 | |
|
06-73014
|
Arreguin-Moreno v. Mukasey
For purposes of 8 U.S.C. Section 1101, pre-trial detention that is credited as time served for sentence imposed, counts as confinement. |
Immigration |
|
Jan. 15, 2008 | |
|
05-74688
|
Cerezo v. Mukasey
Leaving scene of accident resulting in bodily injury is not categorically crime involving moral turpitude for purposes of removal. |
Immigration |
|
Jan. 15, 2008 | |
|
06-74228
|
Fernandez v. Mukasey
Eligibility for cancellation of removal requires applicant to establish removal would result in exceptional and extremely unusual hardship to alien's child. |
Immigration |
|
Jan. 8, 2008 | |
|
06-30341
|
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. |
Immigration |
|
Jan. 7, 2008 | |
|
06-75064
|
Estrada-Rodriguez v. Mukasey
Conviction for resisting arrest is ‘crime of violence,’ which qualifies as aggravated felony sufficient to justify alien’s removal. |
Immigration |
|
Dec. 31, 2007 |
