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Name Category Published
Cheema v. INS
Denial of withholding of deportation cannot be sustained where there is no evidence that aliens are danger to security of United States.
Immigration Mar. 17, 2004
Wang v. INS
Chinese national alleging persecution and forced sterilization is not entitled to asylum.
Immigration Mar. 11, 2004
Arulampalam v. Ashcroft
Immigration judge made improper adverse credibility finding based on his difficultiy in understanding petitioner's reponses to questions.
Immigration Feb. 17, 2004
Jahed v. INS
Iranian citizen being blackmailed by soldier from opposing political group has established case for political asylum.
Immigration Jan. 27, 2004
Gonzalez v. INS
Immigrant who failed to produce visa was properly denied adjustment of status.
Immigration Jan. 6, 2004
Lopez-Urenda v. Ashcroft
Petitioner has no settled expectation that he would be placed in deportation proceedings after applying for asylum.
Immigration Dec. 4, 2003
Ordonez v. INS
Because oral notice to petitioner regarding impact of failing to voluntarily depart was inadequate, bar to suspension of deportation is inapplicable.
Immigration Dec. 3, 2003
Spencer Enterprises Inc. v. United States
Because decision whether to issue immigrant investor visa is not discretionary, district court has jurisdiction to review.
Immigration Nov. 18, 2003
Hernandez v. Ashcroft
Because abusive husband's acts of contrition, as part of cycle of violence, occurred in United States, petitioner suffered extreme cruelty in United States.
Immigration Nov. 18, 2003
Lara-Chacon v. Ashcroft
Immigration judge erred by relying solely on presentence report to determine alien committed deportable offense.
Immigration Nov. 18, 2003
U.S. v. Ubaldo-Figueroa
Alien challenging his removal order made plausible claim that new immigration laws may not be applied retroactively.
Immigration Nov. 6, 2003
Reyes-Melendez v. INS
Immigration judge failed to give alien full and fair hearing due to bias.
Immigration Oct. 22, 2003
U.S. v. Gonzalez-Valerio
Defendant wasn't prejudiced by immigration judge's statement that defendant was ineligible for relief from deportation because prior conviction barred such relief.
Immigration Oct. 22, 2003
Lo v. Ashcroft
Petitioner's failure to attend hearing due to ineffective assistance of counsel was exceptional circumstance requiring rescission of removal order.
Immigration Oct. 21, 2003
Lema v. U.S. Immigration and Naturalization Service
INS may extend detention of removable alien who refuses to cooperate to secure travel documents.
Immigration Oct. 21, 2003
Rojas-Garcia v. Ashcroft
Alien who failed to file appellate brief with Board of Immigration Appeals was properly denied relief.
Immigration Oct. 16, 2003
Munoz v. Ashcroft
Alien who was brought illegally into United States when he was one year old is subject to removal.
Immigration Oct. 16, 2003
U.S. V. Arenas-Ortiz
Defendant failed to provide supporting evidence that government engaged in selective prosecution of Hispanic males under 8 U.S.C. Section 1326.
Immigration Oct. 15, 2003
People v. Totari
Court will consider whether alien who challenged convictions 13 years after they were entered exercised due diligence.
Immigration Oct. 15, 2003
Gonzalez-Hernandez v. Ashcroft
Substantial evidence supports decision to deny asylum to petitioners who were never party leaders nor high-level politicians.
Immigration Oct. 14, 2003
Ramirez-Perez v. Ashcroft
Neither BIA's interpretation of 'exceptional and extremely unusual hardship' nor its use of summary affirmance procedures violates due process.
Immigration Oct. 14, 2003
Malhi v. Immigration and Naturalization Service
Alien alleging threat of persecution and torture in home country is not entitled to asylum.
Immigration Oct. 14, 2003
U.S. v. Ramirez-Sanchez
Court properly applied sentencing points for alien convicted of illegal re-entry following deportation.
Immigration Oct. 14, 2003
Ramirez-Zavala v. Ashcroft
Petitioner's application for suspension of deportation should have been filed with immigration judge after issuance of Order to Show Cause.
Immigration Oct. 14, 2003
Singh v. INS
Appeal dismissal error occurs when Board of Immigration Appeals deprives petitioner of opportunity to timely file brief by sending information to wrong address.
Immigration Oct. 9, 2003
Mendez-Gutierrez v. Ashcroft
BIA abused its discretion by failing to address petitioner's claim of well-founded fear of future prosecution before determining he was not eligible for asylum.
Immigration Oct. 9, 2003
U.S. v. Leon-Paz
Defendant's due process rights were denied at his deportation hearing when Immigration Judge gave him erroneous information.
Immigration Oct. 9, 2003
Armentero v. INS
Proper respondents in alien's habeas petition, alleging unlawful indefinite detention, are Attorney General and Secretary of Dept. of Homeland Security.
Immigration Oct. 9, 2003
Kankamalage v. INS
New regulation cannot be applied retroactively to categorically exclude petitioner from consideration for asylum.
Immigration Oct. 7, 2003
Noriega-Lopez v. Ashcroft
Alien's challenge of his conviction should have been raised on direct appeal; Board of Immigration Appeals lacks authority to enter removal order.
Immigration Oct. 7, 2003