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Name Category Published
Li v. Ashcroft
Alien who committed fraud that caused equivocal amount of money loss is not removable.
Immigration Jan. 11, 2005
Circu v. Ashcroft
Immigration judge's reliance on country report created two years after asylum hearing did not violate due process.
Immigration Jan. 11, 2005
Lanza v. Ashcroft
Immigration board's affirmance of deportation order without opinion violates due process and requires clarification.
Immigration Jan. 11, 2005
Salvador-Calleros v. Ashcroft
Motion for stay of voluntary departure filed on Monday after Saturday when voluntary departure period ended is timely.
Immigration Jan. 11, 2005
Deloso v. Ashcroft
Asylum-seeker proves that persecution he suffered in the Philippines was, at least in part, on account of his political opinion.
Immigration Jan. 10, 2005
Rusz v. Ashcroft
Petty theft conviction with burglary prior is not crime for which sentence of one year or longer may be imposed.
Immigration Jan. 10, 2005
Kaur v. Ashcroft
Asylum petitioner was denied fair hearing when his son was not allowed to testify due to youth.
Immigration Jan. 10, 2005
Ding v. Ashcroft
Lack of physical restraints during forced abortion is not legitimate basis for adverse credibility finding of asylum petitioner.
Immigration Jan. 10, 2005
Hamoui v. Ashcroft
Applicant moving to reopen deportation proceeding under Convention Against Torture must only show that torture is more likely than not.
Immigration Jan. 10, 2005
Zhang v. Ashcroft
Evidence of persecution on account of religious beliefs entitles plaintiff to withholding of removal.
Immigration Jan. 9, 2005
Mihalev v. Ashcroft
Past persecution need not be solely due to ethnicity to establish eligibility for asylum.
Immigration Jan. 9, 2005
Sael v. Ashcroft
Indonesian had well-founded fear of future persecution with evidence that ethnic Chinese are significantly disfavored and that she suffered harassment.
Immigration Dec. 5, 2004
Baltazar-Alcazar v. INS
Aliens challenging deportation did not voluntarily waive right to counsel of choice.
Immigration Dec. 5, 2004
Khotesouvan v. Morones
Alien cannot claim his removal is not reasonably foreseeable until he has been detained for 90 days.
Immigration Nov. 30, 2004
Narayan v. Ashcroft
Immigration board will decide whether judge should consider alien's evidence of worsened conditions in native country.
Immigration Nov. 30, 2004
U.S. v. Rivas-Gonzalez
In sentencing defendant for illegal reentry after deportation, downward departure for cultural assimilation was not available.
Immigration Nov. 30, 2004
Alcaraz v. INS
Board of Immigration Appeals must determine whether various policy statements by immigration agencies obligated it to 'repaper' aliens.
Immigration Nov. 30, 2004
Akhtar v. Burzynski
Regulation terminating temporary visas for children of permanent residents when they turn 21 is contrary to congressional intent.
Immigration Nov. 29, 2004
U.S. v. Ortiz-Lopez
Case is remanded so government may present evidence supporting alien's removability.
Immigration Nov. 29, 2004
Membreno v. Aschroft
Court lacks jurisdiction to hear petition of alien to reopen deportation proceedings.
Immigration Nov. 29, 2004
Leocal v. Ashcroft
Conviction for drunk driving causing serious injury is not removable crime of violence where offense doesn't require showing of intent.
Immigration Nov. 16, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation.
Immigration Nov. 9, 2004
Cazarez-Gutierrez v. Ashcroft
Alien's conviction for drug possession is not 'aggravated felony' for immigration purposes.
Immigration Nov. 9, 2004
Toro-Romero v. Ashcroft
Immigration board will reconsider whether alien is inadmissible because he committed crime of moral turpitude.
Immigration Nov. 9, 2004
Zara v. Ashcroft
Ninth Circuit lacks jurisdiction to review issues not presented to Board of Immigration Appeals, even when case was streamlined.
Immigration Nov. 9, 2004
Arreola v. Ashcroft
Court transfers defendant's petition challenging his removal order on due process grounds.
Immigration Nov. 9, 2004
Lagandaon v. Ashcroft
Alien's 10 years of continuous physical presence in U.S. makes him eligible for cancellation of removal.
Immigration Nov. 9, 2004
Ferreira v. Ashcroft
Plaintiff is eligible for cancellation of removal because his drug possession conviction was not aggravated felony.
Immigration Nov. 9, 2004
Perez-Enriquez v. Ashcroft
Alien's permanent residency was effective on date of adjustment, not date of application.
Immigration Nov. 9, 2004
Mashiri v. Ashcroft
Asylum petitioner who shows past persecution does not have to prove that she could have relocated safely within home country.
Immigration Nov. 2, 2004