| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-71529
|
Barthelemy v. Ashcroft
Petitioner cannot establish derivative citizenship through his father where parents were never married, and therefore never legally separated. |
Immigration |
|
Jun. 3, 2003 | |
|
02-70454
|
Huerta-Guevara v. Ashcroft
Defendant who was convicted of possession of stolen vehicle did not commit aggravated felony that subjected her to removal from country. |
Immigration |
|
May 30, 2003 | |
|
02-70003
|
Iturribarria v. INS
Alleged claim of ineffective assistance of counsel did not prejudice claim for suspension of deportation. |
Immigration |
|
May 30, 2003 | |
|
01-70622
|
Cedano-Viera v. Ashcroft
Where there is no jurisdiction to review removal order based on aggravated felony conviction, court also lacks jurisdiction to consider constitutional challenges. |
Immigration |
|
May 30, 2003 | |
|
01-70973
|
Vasquez-Zavala v. Ashcroft
Remedy of suspended deportation is unavailable where charging documents were filed after Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
May 30, 2003 | |
|
01-70415
|
Manjiyani v. INS
Alien who did not notify INS of change of address failed to establish that deportation notice was deficient. |
Immigration |
|
May 30, 2003 | |
|
02-10288
|
U.S. v. Inocencio
District court had jurisdiction to correct its ministerial failure to revoke defendant's naturalization upon conviction of naturalization fraud. |
Immigration |
|
May 19, 2003 | |
|
01-70643
|
Olivera-Garcia v. INS
Alien granted permanent residence is removable after conviction for aggravated felony. |
Immigration |
|
May 13, 2003 | |
|
01-1491
|
Demore v. Kim
Legal resident who is detained pending removal hearing is not entitled to bond determination. |
Immigration |
|
May 6, 2003 | |
|
99-17373
|
Kim v. Ziglar
Lawful permanent resident aliens detained by INS during pendency of removal proceedings are entitled to bail hearing. |
Immigration |
|
May 6, 2003 | |
|
02-70259
|
Zazueta-Carrillo v. Ashcroft
Under new immigration laws, voluntary departure period begins when Board of Immigration Appeals enters its order. |
Immigration |
|
Mar. 26, 2003 | |
|
01-71717
|
Guzman v. INS
Board of Immigration Appeals improperly denied petitioner's motion to remand to Immigration Court so he could apply for adjustment of status. |
Immigration |
|
Mar. 24, 2003 | |
|
90-70474
|
Antonio-Martinez v. INS
Fugitive disentitlement doctrine applies to alien whose whereabouts become unknown while his petition for review of a deportation order is pending. |
Immigration |
|
Mar. 24, 2003 | |
|
01-71537
|
Salta v. INS
Board of Immigration Appeals abused its discretion when applying evidentiary requirements of certified mail receipt to regular mail delivery. |
Immigration |
|
Mar. 21, 2003 | |
|
01-57021
|
Zegarra-Gomez v. INS
Deportation subsequent to filing of habeas petition does not moot petition. |
Immigration |
|
Mar. 21, 2003 | |
|
01-71463
|
Singh v. INS
Immigration board was not required to mail notice to attorney who failed to file notice of appearance on behalf of client. |
Immigration |
|
Mar. 21, 2003 | |
|
01-71827
|
Vasquez-Lopez v. Ashcroft
Voluntary departure of illegal alien constituted break in continued physical presence. |
Immigration |
|
Mar. 21, 2003 | |
|
02-10157
|
U.S. v. Luna-Madellaga
Defendant, convicted of unlawful re-entry of deported alien, is subject to enhancement that applies to removal made pursuant to reinstated order. |
Immigration |
|
Mar. 21, 2003 | |
|
01-50703
|
U.S. v. Lopez-Garcia
Sentencing enhancement was wrongly imposed upon alien smuggler who was found to have recklessly created substantial risk of danger to another. |
Immigration |
|
Mar. 21, 2003 | |
|
02-71549
|
U.S. v. U.S. District Court (Chavez-Orozco)
Jury may not consider whether withdrawn citizenship application would qualify alien as 'U.S. national.' |
Immigration |
|
Mar. 21, 2003 | |
|
02-70028
|
Valencia-Fragoso v. INS
Alien who appeared late for hearing cannot challenge removal order. |
Immigration |
|
Mar. 18, 2003 | |
|
00-70157
|
Li v. Ashcroft
Chinese immigrant, alleging persecution for resisting coercive family planning practices, is not entitled to asylum nor withholding of removal. |
Immigration |
|
Feb. 18, 2003 | |
|
01-35626
|
Chang v. INS
Legal permanent resident who tried to cash counterfeit check was not removable as aggravated felon. |
Immigration |
|
Jan. 15, 2003 | |
|
00-70583
|
Ison v. INS
Alien is permitted to make simultaneous filing of petition for immigrant visa and application for adjustment of status. |
Immigration |
|
Jan. 15, 2003 | |
|
00-50543
|
U.S. v. Gonzalez-Torres
Alien who was under constant surveillance by border patrol agents is not guilty of illegal entry. |
Immigration |
|
Jan. 15, 2003 | |
|
01-71568
|
Espejo v. INS
Alien who fraudulently obtained exchange visa is still subject to visa's foreign residency requirement. |
Immigration |
|
Jan. 15, 2003 | |
|
01-71423
|
Cano-Merida v. INS
Asylum petitioner was denied due process by Immigration Judge's failure to give him a meaningful opportunity to present his case. |
Immigration |
|
Jan. 15, 2003 | |
|
01-56784
|
Doan v. INS
Bond requirement as condition of release is permitted where statute authorizing terms of supervision does not exclude such condition. |
Immigration |
|
Jan. 14, 2003 | |
|
01-71266
|
Dobrota v. INS
INS arbitrarily denied motion to appeal deportation hearing where notice efforts were not reasonably calculated to reach appellant. |
Immigration |
|
Jan. 14, 2003 | |
|
99-50041
|
U.S. v. Hovsepian
Court improperly expunged terrorist convictions of resident aliens seeking naturalization. |
Immigration |
|
Dec. 15, 2002 |
