| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-15900
|
Miguel-Miguel v. Gonzales
Board of Immigration Appeals errs by retroactively applying new presumptive standard to removal proceedings where ‘Montgomery Ward’ factors weigh heavily against its application. |
Immigration |
|
Aug. 29, 2007 | |
|
05-70291
|
Camins v. Gonzales
New law forbidding 'inadmissible' legal permanent residents' entry after travel abroad cannot be applied retroactively to those who relied on previous exception . |
Immigration |
|
Aug. 28, 2007 | |
|
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 |
|
Aug. 28, 2007 | |
|
05-16005
|
Singh v. Gonzales
District court has jurisdiction over ineffective assistance of counsel claims under REAL ID Act where removal order itself is not challenged. |
Immigration |
|
Aug. 27, 2007 | |
|
04-74001
|
Mejia v. Gonzales
In removal case where petitioner seeks waiver, application of 'exceptional and extremely unusual' standard does not have improper retroactive effect. |
Immigration |
|
Aug. 27, 2007 | |
|
04-74076
|
Sembiring v. Gonzales
Alien is improperly deported in absentia after showing she did not receive notice under lesser presumption of effective service by regular mail. |
Immigration |
|
Aug. 27, 2007 | |
|
06-70941
|
Gomez v. Gonzales
Board of Immigration Appeals’ denial of motion to file late brief is inadequate where it does not give reasoned explanation underlying its decision. |
Immigration |
|
Aug. 22, 2007 | |
|
04-71072
|
Ghahremani v. Gonzales
Motion to reopen removal order is timely where equitable tolling warrants extending deadline because petitioner performed due diligence before discovering counsel’s potential ineffectiveness. |
Immigration |
|
Aug. 20, 2007 | |
|
05-75850
|
Estrada-Espinoza v. Gonzales
Mexican national is removable as an alien, as conviction for relationship with minor girlfriend is considered aggravated felony. |
Immigration |
|
Aug. 16, 2007 | |
|
04-70957
|
Gulla v. Gonzales
Immigration Judge abuses its discretion in denying asylum to Iraqi with credible fear of persecution where only minor adverse factors supported denial. |
Immigration |
|
Aug. 13, 2007 | |
|
05-70027
|
Im v. Gonzales
IJ errs in finding former Cambodian prison guard's actions constituted assistance in persecution, in barring asylum relief and withholding of removal. |
Immigration |
|
Aug. 13, 2007 | |
|
05-74132
|
Hernandez de Anderson v. Gonzales
BIA errs in holding IIRIRA's repeal of suspension of deportation was not impermissibly retroactive as applied to petitioner. |
Immigration |
|
Aug. 9, 2007 | |
|
04-71509
|
Hernandez-Ortiz v. Gonzales
Immigration judge errs in denying requests for asylum and withholding of removal in case of brothers whose lives were disrupted by Guatemalan army. |
Immigration |
|
Aug. 8, 2007 | |
|
04-73343
|
Vargas-Hernandez v. Gonzales
Voluntary manslaughter conviction makes defendant removable as an aggravated felon, despite being 16 years of age when offense was committed. |
Immigration |
|
Aug. 5, 2007 | |
|
05-74378
|
Morgan v. Gonzales
Petitioner is properly deported where he failed to show he was promised permanent residence in exchange for cooperation in drug case. |
Immigration |
|
Jul. 26, 2007 | |
|
05-50777
|
U.S. v. Figueroa-Ocampo
Previously deported alien’s sentence is improperly enhanced because simple possession of controlled substance does not qualify as felony under Controlled Substances Act. |
Immigration |
|
Jul. 24, 2007 | |
|
03-74587
|
Muradin v. Gonzales
Armenian native is eligible for CAT relief where testimony shows he was tortured by Armenian military and likely faced torture upon return. |
Immigration |
|
Jul. 23, 2007 | |
|
04-72701
|
Singh v. Gonzales
Petition for review is granted in asylum case where petitioner claims he did not receive Board of Immigration Appeals' notice of decision. |
Immigration |
|
Jul. 19, 2007 | |
|
05-70496
|
Hadera v. Gonzales
Immigration judge incorrectly determines Ethiopia to be country of removal for man who was born in Italy and never set foot in Ethiopia. |
Immigration |
|
Jul. 18, 2007 | |
|
05-76201
|
Abebe v. Gonzales
Permanent resident is ineligible for discretionary relief from removal where basis of deportability lacked a comparable ground of inadmissibility. |
Immigration |
|
Jul. 10, 2007 | |
|
05-55933
|
Singh v. Gonzales
Indian citizen is properly denied petition for writ of habeas corpus for failure to timely file motion to reopen, and for lack of due diligence. |
Immigration |
|
Jun. 25, 2007 | |
|
05-55933
|
Singh v. Gonzales
Indian citizen is properly denied petition for writ of habeas corpus for failure to timely file motion to reopen, and for lack of due diligence. |
Immigration |
|
Jun. 25, 2007 | |
|
05-70298
|
Goel v. Gonzales
Polygraph evidence which could have been obtained prior to hearing does not provide adequate basis for motion to reopen. |
Immigration |
|
Jun. 24, 2007 | |
|
05-75376
|
Moreno-Morante v. Gonzales
Petitioner's grandchildren do not satisfy statutory definition of 'child' for purposes of cancellation of removal. |
Immigration |
|
Jun. 24, 2007 | |
|
05-70298
|
Goel v. Gonzales
Polygraph evidence which could have been obtained prior to hearing does not provide adequate basis for motion to reopen. |
Immigration |
|
Jun. 22, 2007 | |
|
05-75376
|
Moreno-Morante v. Gonzales
Petitioner's grandchildren do not satisfy statutory definition of 'child' for purposes of cancellation of removal. |
Immigration |
|
Jun. 22, 2007 | |
|
05-71803
|
Reynoso-Cisneros v. Gonzales
Board of Immigration Appeals errs in determining it lacked jurisdiction over deportee's motion to reopen exclusion proceedings. |
Immigration |
|
Jun. 15, 2007 | |
|
03-74390
|
Singh v. Gonzales
Immigration judge errs in using inference alone to deny asylum to Sikh citizen of India who claimed to have suffered political persecution. |
Immigration |
|
Jun. 15, 2007 | |
|
05-71803
|
Reynoso-Cisneros v. Gonzales
Board of Immigration Appeals errs in determining it lacked jurisdiction over deportee's motion to reopen exclusion proceedings. |
Immigration |
|
Jun. 14, 2007 | |
|
03-74390
|
Singh v. Gonzales
Immigration judge errs in using inference alone to deny asylum to Sikh citizen of India who claimed to have suffered political persecution. |
Immigration |
|
Jun. 14, 2007 |
