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Name Category Published
INS v. Ventura
Court of appeals should have remanded immigration case to Board of Immigration Appeals to consider changed circumstances of Guatemala.
Immigration Dec. 10, 2002
Ventura v. INS
Petitioner is entitled to withholding of deportation and is eligible for asylum because INS failed to rebut presumption of fear of future persecution.
Immigration Dec. 9, 2002
Servin-Espinoza v. Ashcroft
Immigration policy that provided discretionary relief to excludable aliens but not deportable aliens violated equal protection requirement.
Immigration Nov. 12, 2002
U.S. v. Velasco-Medina
Alien is guilty of illegal reentry after deportation despite defect in indictment.
Immigration Nov. 12, 2002
Abassi v. INS
When pro se litigant refers in motion to 'recent Country Reports,' Board of Immigration Appeals must consider most recent relevant country condition profile.
Immigration Nov. 12, 2002
Ekimian v. INS
Circuit court lacks jurisdiction to review Board of Immigration Appeal's decision not to reopen proceeding sua sponte.
Immigration Nov. 10, 2002
U.S. v. Leos-Maldonado
Defective indictment that failed to allege specific intent to enter without authorization is not prejudicial.
Immigration Oct. 29, 2002
Pazcoguin v. Radcliffe
Citizen of Philippines who admitted essential elements of controlled substance violation is excludable from United States.
Immigration Oct. 25, 2002
Fajardo v. INS
Limitation period of 180 days for filing motions to reopen absentia deportation proceedings based on 'exceptional circumstances' is tolled.
Immigration Oct. 16, 2002
Casas-Chavez v. INS
Specificity requirement is satisfied despite alien's failure to file brief as long as sufficient notice is conveyed to Board of Immigration Appeals.
Immigration Oct. 16, 2002
Agyeman v. INS
Alien did not receive adequate explanation of what was needed to support application for adjustment status and thus denied full and fair hearing.
Immigration Oct. 10, 2002
Osei v. Immigration and Naturalization Service
Reasoned explanation was required to deny motion to reopen proceedings based on ineffective counsel.
Immigration Sep. 29, 2002
Gutierrez-Chavez v. INS
Alien's habeas petition that does not allege constitutional or statutory error is not within scope of 28 U.S.C. Section 2241.
Immigration Sep. 26, 2002
Manimbao v. Ashcroft
Where petitioner is attacked and family threatened because of his membership in political group, he establishes 'well founded fear of persecution' and is entitled to asylum.
Immigration Sep. 26, 2002
Xi v. INS
Individual deemed inadmissible to United States may not be subjected to indefinite detention.
Immigration Sep. 26, 2002
Mejia v. Ashcroft
Confidential informant on communist rebel group 'hit list' has well-founded fear of persecution based on imputed political opinion.
Immigration Sep. 26, 2002
Celis-Castellano v. Ashcroft
Alien who failed to appear at removal proceeding due to asthma attack was properly denied request to reopen case.
Immigration Sep. 26, 2002
Randhawa v. Ashcroft
Alien's conviction for possession of stolen mail categorically qualifies as an aggravated felony.
Immigration Sep. 25, 2002
Immigrant Assistance Project of the Los Angeles County Federation of Labor v. INS
Reinstatement of preliminary injunction was proper where order was previously vacated on jurisdictional grounds.
Immigration Sep. 24, 2002
U.S. v. Ahumada-Aguilar
Alien who was denied right to counsel during deportation proceeding is not liable for subsequently re-entering United States.
Immigration Sep. 17, 2002
Singh v. INS
Petitioner, who demonstrated that 'exceptional circumstances' caused his failure to appear, is entitled to recission of deportation order issued in absentia.
Immigration Sep. 17, 2002
U.S. v. Martinez-Martinez
Motion for downward departure, attacking validity of prior state court conviction, is prohibited collateral attack.
Immigration Sep. 17, 2002
Virk v. INS
Alien who entered into sham marriage may be eligible for waiver of deportation.
Immigration Sep. 17, 2002
Cardenas v. INS
Board of Immigration Appeals improperly denied asylum application where fear of future persecution was established.
Immigration Sep. 10, 2002
Ruano v. Ashcroft
Petitioner establishes past persecution where he received death threats for six years at his home and was repeatedly chased by armed men.
Immigration Sep. 8, 2002
Angulo-Dominguez v. Ashcroft
Party is ineligible for relief under Registry Statute because of his record of lawful entry and his convictions for controlled substance violations.
Immigration Sep. 3, 2002
Singh v. Ashcroft
Immigration judge improperly found asylum applicant's credibility as adverse.
Immigration Sep. 2, 2002
Molina-Estrada v. INS
Immigrant is ineligible for cancellation of removal because mother is not lawful permanent resident.
Immigration Aug. 26, 2002
Hernandez-Mezquita v. Ashcroft
Filing deadline under Nicaraguan Adjustment and Central American Relief Act is constitutional.
Immigration Aug. 25, 2002
Alcarez-Garcia v. Ashcroft
Individual who generally worked in U.S. for nine months out of each year, over nine-year period, established residency.
Immigration Aug. 25, 2002