| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-73945
|
Kalubi v. Ashcroft
Immigration judge and BIA are obligated to accept asylum applicant's testimony as true since there were no explicit adverse credibility findings. |
Immigration |
|
Jul. 8, 2004 | |
|
02-57212
|
Aguilera-Ruiz v. Ashcroft
Permanent resident who briefly left country while appealing deportation order lost right to pursue appeal. |
Immigration |
|
Jul. 2, 2004 | |
|
02-71640
|
Reyes v. Ashcroft
Where alien did not comply with threshold procedural requirements, motion to reopen deportation proceedings was properly denied. |
Immigration |
|
Jun. 30, 2004 | |
|
02-70252
|
Farah v. Ashcroft
Because alien was not given adequate opportunity to explain discrepancies of evidence, finding that application was knowingly frivolous must be overturned. |
Immigration |
|
Jun. 30, 2004 | |
|
02-72145
|
Singh v. Ashcroft
Substantial evidence supports immigration judge's adverse credibility finding against asylum petitioner. |
Immigration |
|
Jun. 29, 2004 | |
|
02-73700
|
Ge v. Ashcroft
Immigration judge's adverse credibility determination is unsupported by substantial evidence. |
Immigration |
|
Jun. 29, 2004 | |
|
02-72759
|
Singh v. Ashcroft
BIA erred in recharacterizing plaintiff's motion to reopen as motion for reconsideration. |
Immigration |
|
Jun. 29, 2004 | |
|
02-72404
|
Hoque v. Ashcroft
Immigration judge's adverse credibility finding regarding petitioners' testimony that they were persecuted due to political belief isn't supported by substantial evidence. |
Immigration |
|
Jun. 29, 2004 | |
|
03-50160
|
U.S. v. Hernandez-Vermudez
Illegal alien who enters U.S. without inspection and commits aggravated felony is subject to administrative removal. |
Immigration |
|
Jun. 29, 2004 | |
|
02-72978
|
Cazarez-Gutierrez v. Ashcroft
Drug offense that is not punishable as felony under federal law cannot be used to find immigrant ineligible for cancellation of removal. |
Immigration |
|
Jun. 29, 2004 | |
|
02-70662
|
Lin v. Ashcroft
BIA should have considered expanded record presented by immigrant after original counsel failed to present it. |
Immigration |
|
Jun. 29, 2004 | |
|
00-70157
|
Li v. Ashcroft
Congressional protection extends to Chinese petitioners who resisted and escaped coercive population control policies. |
Immigration |
|
Jun. 29, 2004 | |
|
02-16476
|
Singh v. Ashcroft
Scope of habeas jurisdiction does not extend to cases where INS has come to unwise yet lawful decision. |
Immigration |
|
Jun. 29, 2004 | |
|
02-72384
|
Knezevic v. Ashcroft
Immigration board will reconsider ethnic Serbs' asylum application. |
Immigration |
|
Jun. 28, 2004 | |
|
02-74208
|
Dinu v. Ashcroft
Innocence of petitioner alone cannot show that police harassment lacked legitimate objective to create presumption that persecution was politically motivated. |
Immigration |
|
Jun. 17, 2004 | |
|
01-70748
|
Flores-Chavez v. Ashcroft
Proper notice of deportation hearing required agency to serve notice to 15 year old illegal alien and to adult to whom he was released. |
Immigration |
|
May 25, 2004 | |
|
02-72311
|
Halaim v. INS
Petitioners' failure to establish their eligibility for asylum is supported by substantial evidence. |
Immigration |
|
May 18, 2004 | |
|
02-70439
|
Padash v. INS
Child Status Protection Act prevents plaintiff from 'aging out' of visa category due to delays in adjudication. |
Immigration |
|
May 17, 2004 | |
|
02-73474
|
Silva-Calderon v. Ashcroft
Court does not have jurisdiction to review procedural due process claim that BIA could have competently considered. |
Immigration |
|
May 17, 2004 | |
|
02-70956
|
Ma v. Ashcroft
Husband whose marriage was not legally registered with Chinese government because of his age, qualifies for asylum based on wife's persecution. |
Immigration |
|
May 11, 2004 | |
|
99-50041
|
U.S. v. Hovsepian
Court erroneously concluded that defendants are eligible for naturalization despite their criminal past. |
Immigration |
|
May 7, 2004 | |
|
02-71656
|
Thomas v. Ashcroft
Family relations may constitute particular social group for purposes of evaluating persecution alleged in asylum application. |
Immigration |
|
May 7, 2004 | |
|
02-70648
|
Andia v. Ashcroft
Immigration laws permit aliens to seek reopening of in absentia deportation order at any time on lack-of-notice grounds. |
Immigration |
|
May 7, 2004 | |
|
02-10532
|
U.S. v. Pallares-Galan
Violation of state's annoy and molest misdemeanor statute does not constitute aggravated felony for deportation purposes. |
Immigration |
|
May 6, 2004 | |
|
02-73673
|
Chen v. Ashcroft
Factual findings underlying immigration judge's adverse credibility determination were not supported by substantial evidence. |
Immigration |
|
May 6, 2004 | |
|
02-73499
|
Taha v. Ashcroft
Where alien failed to explain discrepancies between declaration and testimony, denial of asylum and withholding of removal are proper. |
Immigration |
|
May 6, 2004 | |
|
02-71043
|
Martinez-Garcia v. Ashcroft
Because Order to Show Cause wasn't filed prior to effective date of IIRIRA, petitioner wasn't eligible for suspension of deportation under pre-IIRIRA law. |
Immigration |
|
May 4, 2004 | |
|
02-71677
|
Damon v. Ashcroft
Immigration judge improperly ruled that petitioner's marriage to U.S. citizen was solely for purpose of avoiding deportation. |
Immigration |
|
May 4, 2004 | |
|
02-72436
|
Shivaraman v. Ashcroft
Date of admission for purposes of removal proceedings is date of lawful entry to United States, not date of adjustment of status. |
Immigration |
|
May 4, 2004 | |
|
02-70887
|
Barron v. John Ashcroft
Petitioner did not present due process claim at administrative hearing and therefore did not preserve issue for appeal. |
Immigration |
|
Apr. 12, 2004 |
