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Name Category Published
Rivera v. Ashcroft
Jurisdiction exists to hear petitioner's claim of citizenship despite accepting deportation and waiving right to appeal immigration judge's decision.
Immigration Oct. 21, 2004
Hasan v. Ashcroft
Persecution by local politician who petitioner criticized in print for institutional corruption establishes past persecution due to political opinion.
Immigration Oct. 8, 2004
U.S. v. Garcia-Gomez
Because unserved portion of defendant's sentence was not 'suspended' court did not err in increasing his offense level.
Immigration Oct. 8, 2004
Njuguna v. Ashcroft
Refugee is eligible for asylum based on well-founded fear of political persecution in Kenya.
Immigration Oct. 6, 2004
U.S. v. Nunez-Rodelo
Alien who was deported before implementation of statute may still be sentenced under its 'removal' language.
Immigration Oct. 5, 2004
Faruk v. Ashcroft
Asylum-seekers proved they suffered past persecution in Fiji on account of their mixed-race, mixed-religion marriage.
Immigration Oct. 5, 2004
Li v. Ashcroft
Plaintiff's request for withholding of removal is denied for failure to demonstrate credible fear of persecution.
Immigration Oct. 5, 2004
Bellajaro v. Schiltgen
Court may review denial of plaintiff's application for naturalization but scope of review is limited to ground for denial.
Immigration Oct. 5, 2004
Chen v. Ashcroft
Board of appeals may not summarily affirm immigration judge's decision because this would violate streamlining regulations.
Immigration Oct. 5, 2004
Alvarez-Garcia v. Ashcroft
Excludable alien does not enjoy procedural rights afforded to deportable aliens.
Immigration Oct. 5, 2004
Wong v. U.S. Immigration and Naturalization Service
Plaintiff's detention-related claims against INS officials dismissed for failure to state claim.
Immigration Oct. 4, 2004
Reyes-Reyes v. Ashcroft
Immigrant who can show that he would be tortured by private individuals with government acquiescence qualifies for withholding of removal.
Immigration Sep. 29, 2004
Kaur v. Ashcroft
Immigration judge will reconsider asylum petition of Indian citizen alleging torture.
Immigration Sep. 28, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation.
Immigration Sep. 28, 2004
Ndom v. Ashcroft
Asylum applicant proved past persecution despite not being singled out for harm.
Immigration Sep. 28, 2004
Agustin Camposeco-Montejo v. Ashcroft
Immigration judge's denial of asylum was improperly based on defendant's resettlement in other country.
Immigration Sep. 24, 2004
Lin v. Ashcroft
BIA should have considered expanded record presented by immigrant after original counsel failed to present it.
Immigration Sep. 20, 2004
Bellajaro v. Schiltgen
Court may review denial of plaintiff's application for naturalization but scope of review is limited to ground for denial.
Immigration Sep. 8, 2004
U.S. v. Rivera-Sillas
Illegal alien is not entitled to counsel at deportation hearing.
Immigration Sep. 3, 2004
Siong v. INS
Failure of asylum-seeker's former counsel to file timely notice of appeal establishes prejudice warranting reopening of deportation proceedings.
Immigration Sep. 3, 2004
U.S. v. Karaouni
False claim to be U.S. national is not violation of immigration law.
Immigration Aug. 26, 2004
De Martinez v. Ashcroft
Illegal alien's motion to reopen for adjustment of status is denied for failure to timely request extension.
Immigration Aug. 25, 2004
Himri v. Ashcroft
Plaintiffs have established they are persecuted minority entitled to withholding of removal.
Immigration Aug. 24, 2004
Lopez-Alvarado v. Ashcroft
Alien may offer direct testimony to establish 10-year residency required for cancellation of removal.
Immigration Aug. 24, 2004
San Pedro v. Ashcroft
Authority to grant discretionary waiver rests with attorney general, not court.
Immigration Aug. 24, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation.
Immigration Aug. 24, 2004
Simeonov v. Ashcroft
Petitioner is statutorily ineligible for suspension of deportation because he is alien in exclusion proceedings.
Immigration Aug. 23, 2004
Acevedo-Carranza v. Ashcroft
Immigrant appealing aggravated felon status must seek review of board ruling through circuit court before filing habeas petition.
Immigration Aug. 23, 2004
Tokatly v. Ashcroft
Court may not look beyond record of conviction to determine whether alien's crime was one of 'domestic violence.'
Immigration Aug. 23, 2004
Garcia-Martinez v. Ashcroft
Immigration judge's denial of asylum for lack of persecution was not supported by substantial evidence.
Immigration Aug. 23, 2004