| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-71140
|
Malta-Espinoza v. Gonzales
If stalker's harassing conduct did not create substantial risk of application of physical force against victim, his conviction is not for 'crime of violence.' |
Immigration |
|
Mar. 9, 2007 | |
|
04-71914
|
Fedunyak v. Gonzales
BIA erred in finding alien's whistleblowing did not constitute expression of political opinion for purposes of granting asylum. |
Immigration |
|
Mar. 9, 2007 | |
|
03-74351
|
Ramadan v. Gonzales
Jurisdiction over questions of law as defined in Real ID Act extends to application of law to undisputed facts. |
Immigration |
|
Mar. 7, 2007 | |
|
05-50892
|
U.S. v. Cruz-Escoto
Conviction for illegal entry after deportation is proper where jury heard sufficient evidence to conclude that defendant was free from official restraint. |
Immigration |
|
Mar. 7, 2007 | |
|
02-71966
|
Chaidez v. Gonzales
Deportation order is invalid where government fails to show that petitioner was properly served with Order to Show Cause. |
Immigration |
|
Mar. 6, 2007 | |
|
06-10026
|
U.S. v. Flores-Sanchez
Failure to allege overt act in furtherance of re-entry after deportation is not fatal defect to indictment charging defendant with attempted illegal re-entry. |
Immigration |
|
Feb. 22, 2007 | |
|
04-72303
|
Hernandez-Gil v. Gonzales
Immigration judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored, should his attorney fail to appear at hearing. |
Immigration |
|
Feb. 22, 2007 | |
|
05-74130
|
Lin v. Gonzales
In asylum case, BIA erroneously finds that petitioner failed to demonstrate 'other resistance' to coercive population control program implemented in China. |
Immigration |
|
Feb. 16, 2007 | |
|
05-76977
|
Becker v. Gonzales
Alien with prior conviction for aggravated felony may not apply for cancellation of removal, even if deportability for that prior conviction was waived. |
Immigration |
|
Feb. 16, 2007 | |
|
03-74431
|
Sahajeewa v. Gonzales
Immigration judge adequately articulated his decision in finding asylum petitioner not credible. |
Immigration |
|
Feb. 16, 2007 | |
|
03-72277
|
Valeriano v. Gonzales
INS' belated response to petitioner's request to file motion to reopen jointly does not entitle petitioner to equitable tolling of filing deadline. |
Immigration |
|
Feb. 16, 2007 | |
|
03-73999
|
Bravo-Pedroza v. Gonzales
Res judicata bars Secretary of Homeland Security from initiating second deportation case on basis of charge that could have been brought in first case. |
Immigration |
|
Feb. 9, 2007 | |
|
A 19 262 560
|
In the Matters of Hamide
Proceedings in 20-year-old Palestinian deportation cases are terminated where government fails to comply with court's orders. |
Immigration |
|
Feb. 1, 2007 | |
|
03-74533
|
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona conviction for domestic violence was not 'crime of violence' under federal statute that triggers removal. |
Immigration |
|
Jan. 31, 2007 | |
|
04-73812
|
Ruiz-Vidal v. Gonzales
For purposes of removal, alien's conviction for violating state drug possession law must involve controlled substance regulated by Controlled Substance Act. |
Immigration |
|
Jan. 26, 2007 | |
|
05-72761
|
Kohli v. Gonzales
Although signature and title of issuing official were illegible on Notice to Appear, alien failed to show alleged defect deprived court of jurisdiction. |
Immigration |
|
Jan. 23, 2007 | |
|
05-1629
|
Gonzales v. Duenas-Alvarez
'Theft offense' under immigration law includes crime of 'aiding and abetting' theft offense. |
Immigration |
|
Jan. 19, 2007 | |
|
04-73860
|
Lin v. Gonzales
Where government's construction of regulation was improper, illegal alien's motion to reopen case was erroneously denied. |
Immigration |
|
Jan. 12, 2007 | |
|
04-70625
|
Kaganovich v. Gonzales
Alien who arrives in United States as refugee may be removed, even if his refugee status has not been terminated. |
Immigration |
|
Jan. 11, 2007 | |
|
04-72417
|
Velazquez-Herrera v. Gonzales
In removal case, BIA is afforded opportunity to issue precedential decision regarding definition of child abuse. |
Immigration |
|
Jan. 11, 2007 | |
|
05-16557
|
Nath v. Gonzales
Motion to reopen is remanded so BIA may reconsider whether offense that alien pleaded guilty to qualifies as 'aggravated felony' for removal purposes. |
Immigration |
|
Jan. 9, 2007 | |
|
04-72701
|
Singh v. Gonzales
Where BIA satisfied its regulatory obligation by mailing decision to alien's address, alien filing untimely appeal was not entitled to reopen matter. |
Immigration |
|
Jan. 9, 2007 | |
|
04-10302
|
U.S. v. Resendiz-Ponce
Government's failure to allege specific overt act in illegal alien's indictment for attempted entry was fatal defect. |
Immigration |
|
Jan. 9, 2007 | |
|
03-74625
|
Garcia-Jimenez v. Gonzales
Petitioner is barred from obtaining cancellation of removal where he had received waiver of deportation as to his convictions. |
Immigration |
|
Jan. 8, 2007 | |
|
05-70672
|
Morales v. Gonzales
Appellate court may have jurisdiction to review immigration judge's denial of application for asylum, withholding of removal, and Convention Against Torture relief. |
Immigration |
|
Jan. 8, 2007 | |
|
05-74693
|
Ochoa-Amaya v. Gonzales
Period between filing of visa petition and its approval was properly deducted from alien's age to determine his eligibility under Child Status Protection Act. |
Immigration |
|
Jan. 5, 2007 | |
|
03-73734
|
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings. |
Immigration |
|
Jan. 2, 2007 | |
|
05-35025
|
Rafaelano v. Wilson
Where appeal is treated as petition for review, matter is transferred to BIA to determine if prior order became effective order of deportation. |
Immigration |
|
Dec. 22, 2006 | |
|
05-35310
|
Family Inc. v. U.S. Citizenship and Immigration Services
Substantial evidence supported finding that alien was not engaged primarily in managerial duties, thus petition for reclassification of status was properly denied. |
Immigration |
|
Dec. 7, 2006 | |
|
05-547
|
Lopez v. Gonzales
Order of removal is not proper where drug possession is not felony under Controlled Substances Act. |
Immigration |
|
Dec. 7, 2006 |
