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Case #	Name	Category	Court	Judge	Published
04-70422	Lin v. Gonzales Without objective support of adverse credibility finding based on documentary evidence, immigration judge's suspicions do not constitute substantial evidence.	Immigration			Apr. 7, 2006
04-10590	U.S. v. Alferahin Court erred in failing to instruct jury that it had to find alien's misrepresentations were material before it could convict him of procuring naturalization by fraud.	Immigration			Apr. 6, 2006
03-73689	Kelava v. Gonzales Alien who engaged in terrorist activity during 1970s is ineligible for discretionary relief.	Immigration			Apr. 6, 2006
03-72501	Ray v. Gonzales Denial of alien's motions to reopen case dismissed on procedural grounds was improper when evidence of ineffective assistance of counsel was presented.	Immigration			Mar. 20, 2006
03-70191	Kumar v. Gonzales Alien demonstrating both past and future persecution on account of imputed political opinion is eligible for asylum.	Immigration			Mar. 20, 2006
03-71578	Penuliar v. Ashcroft Crimes of unlawful taking of vehicle and evading officer do not qualify as aggravated felonies for purposes of deportation.	Immigration			Mar. 20, 2006
02-72390	Abebe v. Gonzales Female genital mutilation constitutes well-founded fear of persecution sufficient to support asylum claim.	Immigration			Mar. 16, 2006
03-72021	Masnauskas v. Gonzales Nationality-based classification in Nicaraguan Relief Act was constitutional because it was rationally related to legitimate foreign policy interest.	Immigration			Mar. 16, 2006
04-50519	U.S. v. Leal-Cruz In attempted illegal re-entry case, defendant has burden of proving duress defense because it does not negate required element of specific intent.	Immigration			Mar. 1, 2006
03-72028	Valencia v. Gonzales Sexual intercourse with minor is not 'crime of violence' for which alien could be found removable.	Immigration			Mar. 1, 2006
03-72159	Yeghiazaryan v. Gonzales In asylum case, petitioner was prejudiced because he was prevented from correcting mistranslation at his hearing before immigration judge.	Immigration			Mar. 1, 2006
03-56809	Carbonell v. INS Under Equal Access to Justice Act, Congress has authorized fee recovery by prevailing parties.	Immigration			Feb. 14, 2006
04-50390	U.S. v. Lombera-Valdovinos To be found guilty of attempted illegal re-entry, alien must have specific intent to re-enter free from official restraint.	Immigration			Feb. 14, 2006
03-74615	Tapia v. Gonzales Being turned away at border by immigration officials does not itself interrupt accrual of alien's continuous physical presence.	Immigration			Feb. 14, 2006
03-73562	Cuevas-Gaspar v. Gonzales For purposes of determining eligibility for cancellation of removal, parent's admission for permanent resident status is imputed to minor children living with parent.	Immigration			Feb. 14, 2006
03-74083	Sotelo v. Gonzales Because aliens are not 'Barahona-Gomez' class members under settlement agreement, their motion to reopen deportation proceedings was properly denied.	Immigration			Feb. 14, 2006
03-72552	Barroso v. Gonzales Alien's voluntary departure period was tolled while he was awaiting decision on his motion to reconsider.	Immigration			Feb. 10, 2006
03-50414	U.S. v. Gonzalez Alien is barred from collaterally attacking validity of underlying deportation order when he validly waives right to appeal order.	Immigration			Feb. 10, 2006
02-74417	Gu v. Gonzales Single occasion of harassment by officials did not support alien's claims of past and future persecution.	Immigration			Feb. 10, 2006
03-73683	Gomes v. Gonzales To prevail on withholding of deportation claim, applicant must show that there is clear probability of persecution upon return to home country.	Immigration			Feb. 10, 2006
03-70630	Quan v. Gonzales Immigration judge disregarded law and evidence to find that Chinese Christian did not have reasonable fear of future persecution.	Immigration			Jan. 18, 2006
03-70737	Altamirano v. Gonzales Petitioner's mere presence in car does not constitute alien smuggling despite her knowledge that alien was hiding in trunk of car.	Immigration			Jan. 5, 2006
03-74351	Ramadan v. Gonzales Because asylum petitioner does not present question of law, appellate jurisdiction does not exist.	Immigration			Jan. 5, 2006
03-72116	Notash v. Gonzales Alien's conviction for attempted entry of goods by means of false statement does not make alien deportable.	Immigration			Jan. 5, 2006
03-74083	Sotelo v. Gonzales Because aliens are not 'Barahona-Gomez' class members under settlement agreement, their motion to reopen deportation proceedings was properly denied.	Immigration			Dec. 19, 2005
03-71214	Membreno v. Gonzales Motion to reopen removal proceedings was properly denied because immigrant did not present new facts.	Immigration			Dec. 19, 2005
03-71837	Jiang v. Gonzales Petitioner who was 'arriving alien' was not eligible to renew his application for adjustment of status during removal proceedings.	Immigration			Dec. 14, 2005
03-71596	Bona v. Gonzales Regulation precluding aliens from applying for adjustment of status is invalid.	Immigration			Dec. 14, 2005
04-36150	Martinez-Rosas v. Gonzales Court lacked jurisdiction to determine whether alien's failure to show hardship warranted cancellation of removal.	Immigration			Dec. 11, 2005
04-72487	Cabrera-Alvarez v. Gonzales Petitioner failed to show immigration agency's interpretation of federal law is inconsistent with international convention.	Immigration			Dec. 6, 2005