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Name Category Published
Arteaga v. Mukasey
Fear of persecution for gang membership in Petitioner's native country, does not qualify him for withholding of removal as member of 'social group.' 		Immigration Dec. 28, 2007
Iasu v. Smith
Where petitioner claims American citizenship, REAL ID Act deprives district court of jurisdiction over his challenge to removal order. 		Immigration Dec. 19, 2007
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 Dec. 13, 2007
Rivera v. Mukasey
Asylum request is properly denied where petitioner's testimony showed lack of credibility. 		Immigration Dec. 9, 2007
Mendoza-Mazariegos v. Mukasey
When immigrant has engaged counsel who fails to appear, judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored. 		Immigration Dec. 6, 2007
Ramirez v. Mukasey
Inclusion of ‘qualifying crime’ in indictment or complaint is not predicate to alien’s eligibility for temporary ‘U’ nonimmigrant status. 		Immigration Dec. 4, 2007
Avila-Sanchez v. Mukasey
Alien deported under lawful removal order and illegally returns cannot dispute law when it undergoes change because final judgment withstands judicial change. 		Immigration Dec. 3, 2007
Gonzales v. Dept. of Homeland Security
Alien who is ineligible to apply for re-admission is not eligible to apply for adjustment of status under IIRIRA. 		Immigration Dec. 2, 2007
Chaly-Garcia v. U.S.
Guatemalan class member's asylum application satisfies written intent requirement to receive benefits under 'ABC Agreement.' 		Immigration Nov. 29, 2007
Vatyan v. Mukasey
Immigration judge erroneously requires certification of public document where asylum petitioner may seek to authenticate it through his own testimony. 		Immigration Nov. 27, 2007
Barragan-Lopez v. Mukasey
Permanent resident's conviction for solicitation to possess at least four pounds of marijuana for sale constitutes crime involving moral turpitude justifying removal. 		Immigration Nov. 25, 2007
Grigoryan v. Keisler
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 Nov. 19, 2007
Sissoko v. Rocha
Court lacks jurisdiction to hear false arrest claim by alien detained, but not removed, under expedited removal provisions who had habeas remedy available. 		Immigration Nov. 15, 2007
Hanna v. Keisler
Fall of Ba’ath party in Iraq is insufficient to remove alien’s fear of future persecution or foreclose his petition for withholding of removal. 		Immigration Nov. 5, 2007
Rebilas v. Keisler
Immigrant convicted of attempted public sexual indecency is not removable where conduct falls outside federal definition of attempted sexual abuse of minor. 		Immigration Nov. 4, 2007
Jordison v. Keisler
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. 		Immigration Oct. 30, 2007
U.S. v. Salazar-Lopez
Failure to allege temporal relationship between alien's removal and prior conviction in indictment is harmless where overwhelming evidence supported enhancement. 		Immigration Oct. 24, 2007
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 Oct. 22, 2007
Ahmed v. Keisler
Bihari dissident who shows persecution based on political opinion and membership in disfavored group is entitled to asylum and withholding of removal. 		Immigration Oct. 16, 2007
Martinez-Merino v. Keisler
Petitioner may not attack reinstatement of removal order by attempting to show he had received inadequate notice of his rights during underlying removal proceeding. 		Immigration Oct. 10, 2007
Quintero-Salazar v. Keisler
Petitioner is erroneously found to be removable where his state conviction is not categorically crime involving moral turpitude under immigration law. 		Immigration Oct. 9, 2007
Cornejo v. County of San Diego
Vienna Convention Article 36 requires 'state' to contact consular official but creates no judicially enforceable right for foreign national under Section 1983. 		Immigration Sep. 24, 2007
Melendez v. Gonzales
Alien previously granted pretrial diversion under state rehabilitation scheme cannot receive adjustment of status as 'first time offender' following subsequent drug conviction. 		Immigration Sep. 19, 2007
Navarro-Lopez v. Gonzales
Petitioner's accessory after fact conviction does not constitutes crime of moral turpitude for purposes of removal. 		Immigration Sep. 19, 2007
Kawashima v. Gonzales
In removal case, conviction for subscribing to false statement on tax return constitutes aggravated felony. 		Immigration Sep. 18, 2007
Marmolejo-Campos v. Gonzales
Petitioner's aggravated DUI conviction is crime involving moral turpitude under Immigration Naturalization Act. 		Immigration Sep. 12, 2007
Ortega-Cervantes v. Gonzales
Alien's conditional release from detention pending final removal decision is not 'parole into United States' making him eligible for adjustment of status. 		Immigration Sep. 5, 2007
Jordison v. Gonzales
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. 		Immigration Sep. 4, 2007
He v. Gonzales
Birth of children in United States cannot establish changed circumstances sufficient to satisfy exception to bars applicable to motions to reopen immigration proceedings. 		Immigration Sep. 4, 2007
Sandoval-Lua v. Gonzales
Petitioner meets his burden to show he has not been convicted of aggravated felony and is eligible for cancellation of removal. 		Immigration Aug. 29, 2007
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