CASES ARCHIVES
Follow these links to find cases of note in Deportation Defense which were decided in the previous years, or scroll down to find cases decided within the last few months.
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OCTOBER / NOVEMBER 2007
DECEMBER 2007 / JANUARY 2008
FEBRUARY / MARCH 2008
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AUGUST / SEPTEMBER 2008
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JANUARY - JUNE 2009
JUNE - DECEMBER 2009
JANUARY - DECEMBER 2010
CASES DECIDED IN FEDERAL COURT IN 2011
December 26, 2011 - December 30, 2011
United States Second Circuit, 12/29/2011
Garcia v. USICE (Dept. of Homeland Security), No. 09-4211
In a case seeking removal of a lawful permanent resident who asserted that he obtained US citizenship as a minor in the custody of his naturalized father after divorce, the district court's denial of habeas corpus relief is vacated and the case is remanded to the district court for a hearing on which parent had "actual uncontested custody," where the district court erred in relying on an unenforceable custody award from the Dominican Republic. Read more...
United States Ninth Circuit, 12/30/2011
US v. Rodriguez-Ocampo, No. 10-50528
In an appeal from the district court's application of a sixteen-level sentencing enhancement, U.S.S.G. section 2L1.2(b), following defendant's convictions for illegal entry under 8 U.S.C. section 1325, judgment is reversed because defendant's original removal order, which triggers the enhancement, improperly waived his right to judicial review. Read more...
December 19, 2011 - December 23, 2011
United States Ninth Circuit, 12/19/2011
Romero-Mendoza v. Holder, No. 08-74674
In a petition for review of a judgment of the BIA denying petitioner’s appeal of an order of removability, petition is denied where petitioner’s paternity was legitimated under Salvadoran law, and therefore, defeats his claim of derivative citizenship. Read more...
December 12, 2011 - December 16, 2011
United States Supreme Court, 12/12/2011
Judulang v. Holder, No. 10-694
In an appeal from a judgment of the appeals court affirming an administrative denial of INA section 212(c) relief to petitioner, judgment is reversed where the BIA's policy for applying Section 212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. section 706(2)(A). Read more...
United States First Circuit, 12/12/2011
Romer v. Holder, No. 10-2112
In a petition for review of an order of the BIA affirming a denial of petitioner's motion to reopen, petition is granted where immigration court inadequately explained its rationale for rejecting tolling and imposing a ten-year ban on any adjustment of status. Read more...
December 05, 2011 - December 09, 2011
United States First Circuit, 12/05/2011
McKenzie-Francisco v. Holder, No. 10-2013
Petition for review of final order of the Board of Immigration Appeals (BIA) refusing to remove conditional resident status and for removal is denied where record amply supported finding of sham marriage. Read more...
United States First Circuit, 12/05/2011
Hajdari v. Holder, No. 11-1145
Petition for review of Board of Immigration Appeals (BIA) denial of motion to reopen removal proceedings is denied where no new grounds existed for resisting removal. Read more...
United States Third Circuit, 12/05/2011
Pieschacon-Villegas v. Atty Gen USA, No. 09-4719
In a petition for review of an order of the BIA dismissing petitioner's appeal from an administrative denial of relief under Article 3 of the CAT, petition is granted with a remand where the BIA: 1) incorrectly assumed that CAT protection does not extend to persons who fear entities that a government is unable to control; and 2) failed to take into account evidence in the record demonstrating that, if petitioner is removed to Colombia, he will more likely than not be tortured with the acquiescence of a public official. Read more...
United States Fourth Circuit, 12/05/2011
Djadjou v. Holder, No. 10-1889
In a petition for review of an order of the BIA affirming an administrative law judge's (ALJ) denial of petitioner's application for asylum and withholding of removal under the INA and CAT, petitioner is denied where the ALJ's adverse credibility determinations are supported by substantial evidence. Read more...
United States Ninth Circuit, 12/07/2011
Kwong v. Holder, No. 04-72167
In a petition for review of an order of removability on the ground that petitioner had been convicted of an aggravated felony, petition is denied because petitioner's state conviction for first-degree burglary was a conviction of an aggravated felony, and because his ineffective assistance of counsel challenge fails. Read more...
United States Ninth Circuit, 12/08/2011
US v. Tapia, No. 09-50248
Sentencing of defendant upon her conviction on immigratin and bail-jumping charges is vacated and remanded for resentencing where the district court’s consideration of defendant's rehabilitative needs in determining her sentence constituted error. Read more...
November 28, 2011 - December 02, 2011
United States Third Circuit, 11/28/2011
Moreno Garcia v. Atty Gen USA, No. 10-1311
In a joint-petition for review of an order of the BIA affirming an administrative rejection of petitioners' applications for asylum, withholding of removal, and protection under the CAT, petition is granted as to one petitioner and denied as to the other, because in the case of the prevailing petitioner, the BIA incorrectly held that she failed to meet the "fear of retaliation" element, while the unsuccessful petitioner failed to meet her burden of showing the likelihood of persecution if she is returned to Guatemala. Read more...
United States Third Circuit, 11/29/2011
Aguilar v. Attorney General of the US, No. 10-3926
In a petition for review of a decision by the BIA ordering that petitioner be removed, under 18 U.S.C. section 16(b), for his state conviction for sexual assault, petition is denied where a reckless crime can be a crime of violence within the meaning of Section 16(b). Read more...
United States Third Circuit, 12/01/2011
Calla-Collado v. Attorney General of the US, No. 11-1624
In a petition for review of an order of the BIA affirming an administrative order of removal, petition is denied where counsel's admission to removability did not constitute ineffective assistance of counsel and because petitioner's rights were not violated when he was transferred, as a prisoner, to another state. Read more...
United States Ninth Circuit, 11/30/2011
US v. Leal-Felix, No. 09-50426
Enhanced sentencing of appellant under USSG section 4A1.2(a)(2) for illegally re-entering the US and based on a criminal history which included two citations for driving with a suspended license is vacated because the term "arrest" as used in Section 4A1.2(a)(2) requires that the individual be formally arrested; the mere issuance of a citation, even if considered an arrest under state law, is insufficient. Read more...
United States Ninth Circuit, 11/30/2011
Lezama-Garcia v. Holder, No. 06-74703
In a petition for review of an order of the BIA dismissing petitioner's appeal of an administrative order of removal, petition is granted with a remand where the immigration judge incorrectly held that petitioner, and native and citizen of Nicaragua, abandoned his pending application for adjustment of status under Section 202 of the NACARA as of the moment he drove from the United States into Mexico, even if his unplanned departure was not desired and he immediately turned around and attempted to return. Read more...
United States Ninth Circuit, 12/01/2011
Carrillo de Palacios v. Holder, No. 09-72059
In a petition for review of an order of the BIA finding petitioner ineligible for adjustment of status under Section 245(i) of the INA, petition is denied where petitioner's return to the United States after being ordered removed renders her inadmissible under 8 U.S.C. section 1182(a)(9)(C)(i)(II) and because in order to be eligible under Section 1182(a)(9)(C)(ii), an alien must remain outside the United States for more than ten years before returning to the United States. Read more...
California Court of Appeal, 12/01/2011
People v. Arriaga, No. B225443
In an appeal from a judgment of the trial court denying defendant's motion to vacate a judgment entered upon his guilty plea, judgment is affirmed where the court did not abuse its discretion as it applied the proper correct standard of proof, and substantial evidence supported the prosecutions showing that Penal Code section 1016.5 advisements were properly given. Read more...
November 21, 2011 - November 25, 2011
United States Third Circuit, 11/21/2011
Nbaye v. Atty Gen USA, No. 10-4468
In a petition for review of an order of the BIA denying petitioner's motion to reopen his proceedings seeking asylum, withholding of removal, and relief under the CAT, petition is granted with a remand so that the BIA may consider the effects of a post-order material change in the country conditions in Guinea, petitioner's country of origin, on petitioner's motion. Read more...
United States Ninth Circuit, 11/21/2011
US v. Beltran Valdez, No. 11-50117
In an interlocutory appeal from an order of the trial court denying of appellant's request to appoint replacement counsel, appeal is dismissed for lack of jurisdiction because the order can be reviewed effectively after trial. Read more...
November 14, 2011 - November 18, 2011
United States Third Circuit, 11/15/2011
Abulashvili v. Attorney General of the US, No. 08-2756
In a petition for review of an order of the BIA dismissing petitioners' application for relief under the CAT and motion to reopen, petition is granted with order vacated where: 1) the BIA's adverse credibility determination is not supported by substantial evidence; 2) the BIA abused its discretion in denying the motion to reopen; and 3) where petitioners' due process rights were violated when the Immigration Judge completely took over the cross-examination for government's counsel, and thereby ceased functioning as a neutral arbiter. Read more...
November 07, 2011 - November 11, 2011
United States First Circuit, 11/10/2011
Sicaju-Diaz v. Holder, No. 10-2390
In a petition for review of an order of the BIA reversing an administrative grant of asylum and denying petitioner, a native and citizen of Guatemala, relief under the NACARA, petition is denied where: 1) a "family returning to Guatemala after a lengthy residence in the United States" is not a social group protected under the asylum statute; and 2) petitioner had been apprehended "at the time of entry" and therefore was not entitled to NACARA relief. Read more...
United States Third Circuit, 11/08/2011
Valdiviezo-Galdamez v. Attorney General of the US, No. 08-4564
In a petition for review of an order of the BIA upholding an administrative denial of petitioner's applications for asylum, withholding of removal and relief under the CAT, petition is granted with respect to asylum and withholding of removal but denied on the CAT where the BIA erred by applying a new standard to determine membership in a “particular social group” and failed to petitioner notice or an opportunity to be heard. Read more...
United States Fourth Circuit, 11/07/2011
Tassi v. Holder, No. 10-2194
In a petition for review of an order of the BIA affirming the denial of petitioner's claims for asylum, withholding of removal, and protection under CAT on adverse credibility findings, order is vacated where the immigration judge erred in failing to weigh all relevant evidence under the totality of the circumstances, because adverse credibility determinations need not be fatal if there is independent evidence sufficient to overcome them. Read more...
United States Fourth Circuit, 11/10/2011
US v. Guijon-Ortiz, No. 10-4518
Conviction and sentencing of defendant for illegal reentry after deportation, 8 U.S.C. section 1326(a) and (b)(2), are upheld where the district court correctly denied defendant's motion to suppress because the detention time it took to verify a fraudulent alien registration card did not constitute an unconstitutional seizure. Read more...
October 31, 2011 - November 04, 2011
United States First Circuit, 10/31/2011
Gonzalez-Ruano v. Holder, No. 11-1138
In a petition for review of an administrative denial of petitioner's application for special rule cancellation of removal, petition is denied where the application fails, in part, under the Nicaraguan Adjustment and Central American Relief Act, and dismissed on remainder for lack of jurisdiction. Read more...
United States First Circuit, 11/02/2011
Matos-Santana v. Holder, No. 10-2373
In a petition for review of an order of the BIA denying petitioner's motion to reopen a long-closed removal proceeding, petition is denied where the motion was untimely because petitioner, a native and citizen of the Dominican Republic, waited six years to file motion. Read more...
United States First Circuit, 11/02/2011
US v. Kasenge, No. 09-1896
Conviction and sentencing of defendant for aiding and abetting aggravated identity theft, 18 U.S.C. sections 2 and 1028A, are upheld where an identity theft occurred even though defendant's identification documents were used with his permission. Read more...
United States Ninth Circuit, 11/01/2011
US v. Sanchez, No. 10-50192
Conviction and sentencing of defendant for importation and possession of cocaine, judgment is reversed where the prosecutor's "send a memo" statement during closing arguments was improper, and "substantially prejudiced" the defendant’s trial. Read more...
United States Ninth Circuit, 11/02/2011
Garcia v. Holder, No. 08-73004
In a petition from an order of the BIA dismissing an appeal from a decision denying petitioner's application for cancellation of removal, petition is granted with case remanded because parole as a Special Immigrant Juvenile, under 8 U.S.C. section 1255(h), qualifies as an admission "in any status" for the purposes of 8 U.S.C. section 1229b(a)(2). Read more...
October 24, 2011 - October 28, 2011
United States First Circuit, 10/25/2011
Stanciu v. Holder, No. 10-2165
In a petition for review of an order of the BIA upholding the denial of petitioner's applications for asylum, withholding of removal, and relief under the CAT, petition is denied where petitioner, a Romanian Gypsy, failed to establish past persecution. Read more...
United States First Circuit, 10/25/2011
US v. Neto, No. 10-1651
In an appeal from a judgment of the district court convicting defendant for smuggling aliens for which he had been previously convicted of harboring, judgment is affirmed because conviction is not an unconstitutional, successive prosecution. Read more...
United States Third Circuit, 10/26/2011
Santos-Reyes v. Atty. Gen. USA, No. 10-3279
In a petition for review of an order of the BIA affirming an administrative denial of the petitioner's application for cancelation of removal, petition is denied where the BIA reasonably interpreted the stop-time rule, 8 U.S.C. section 1229b(d)(1), as tied to the date of an alien's criminal conduct. Read more...
United States Fourth Circuit, 10/27/2011
Ramos v. Holder, No. 08-1271
In a petition for review of a BIA judgment affirming an administrative order denying petitioners' application for cancellation of removal, judgment is affirmed where the transfer of funds by petitioner-parents to their children so that the children can illegally join them in the U.S. constituted "alien smuggling" under Section 212(a)(6)(E) of the INA. Read more...
United States Ninth Circuit, 10/24/2011
Arsdi v. Holder, No. 10-72147
In a petition for review of an order of the BIA affirming the immigration judge's determination that petitioner's conviction for armed robbery was "particularly serious" so as to make him removable, petition is dismissed where petitioner, a native and citizen of Ethiopia, failed to exhaust his administrative remedies by making a general, rather than a specific, challenge to the IJ's determination on appeal. Read more...
United States Ninth Circuit, 10/25/2011
Gonzales v. Department of Homeland Security, No. 09-35174
In an appeal from a judgment of the district court dismissing plaintiffs' claim for adjustment of status under Perez-Gonzalez v. Ashcroft, judgment is affirmed where previous Circuit ruling upholding administrative denial of adjustment controls and has retroactive application. Read more...
Court of Appeals of New York, 10/25/2011
People v. Ventura, No. 160
In an appeal from a judgment of the appellate division dismissing defendants' appeals from their criminal conviction following their deportation, judgment is reversed where dismissal was an abuse of discretion. Read more...
October 17, 2011 - October 21, 2011
United States Ninth Circuit, 10/18/2011
Smallwood v. Allied Van Lines, Inc., No. 09-56714
In an appeal from a judgment of the district court denying defendant's motion to compel arbitration of an action arising from the accidental shipment of ammunition and firearms to the UAE, judgment is affirmed where the parties' arbitration clause is unenforceable under the Carmack Amendment because it contravenes a shipper’s right to select his forum after the dispute arises. Read more...
October 10, 2011 - October 14, 2011
United States Ninth Circuit, 10/11/2011
Meza-Vallejos v. Holder, No. 07-70638
In a petition for review of an order of the BIA denying petitioner's motion to reopen on the grounds that he failed to voluntarily depart when the expiration of his departure period fell on a Saturday, petition is granted with a remand because where a period of voluntary departure technically expires on a weekend or holiday, and an immigrant files a motion that would affect his request for voluntary departure on the next business day, such period legally expires on that next business day such that petitioner's motion to reopen, filed on the Monday after he was to voluntarily depart, was timely. Read more...
October 03, 2011 - October 07, 2011
United States Third Circuit, 10/04/2011
Malik v. Attorney General of the US, No. 08-3874
Petition for review of a Board of Immigrant Appeals (BIA) decision sustaining Pakistan native-petitioner's removability from the United States is dismissed where the BIA did not err in: 1) affirming the decision of the Immigration Judge (IJ) that he obtained a visa through a fraudulent marriage; and 2) that 8 U.S.C. section 1256(a) did not bar the institution of removal proceedings against him. Read more...
September 26, 2011 - September 30, 2011
United States Second Circuit, 09/28/2011
Prus v. Holder, No. 10-599
In a petition for review of an order of the BIA affirming an order of removal on the ground that petitioner, a native of Ukraine, had been convicted of an aggravated felony, petition is granted with relief where a state conviction for promoting prostitution in the third degree does not constitute an aggravated felony within the meaning of 8 U.S.C. section 1101(a)(43)(K)(i). Read more...
United States Ninth Circuit, 09/26/2011
Haile v. Holder, No. 06-74309
In a petition for review of an order of the BIA finding petitioner, a native and citizen of Eritrea, ineligible for asylum, withholding of removal under the Convention Against Torture (CAT) and unentitled to deferral of removal, petition is denied where the BIA's conclusions that petitioner engaged in terrorist activities are supported by substantial evidence but granted, with relief under the CAT, because petitioner has demonstrated that she will likely be tortured by or with the acquiescence of the Eritrean government upon her deportation. Read more...
United States Ninth Circuit, 09/26/2011
Jiang v. Holder, No. 06-73470
In a petition for review of a decision of the BIA denying petitioner's applications for adjustment of status, asylum, withholding of removal, and protection under the CAT with a denial of denial of petitioner's motion for a continuance and a motion to remand, petition is granted as to petitioner's adjustment of status application but otherwise denied. Read more...
September 19, 2011 - September 23, 2011
United States Second Circuit, 09/19/2011
Tchitchui v. Holder, No. 10-1953
In a petition for review of an order of the BIA affirming a decision denying petitioner asylum but granting his application for withholding of removal, petition is denied where petitioner had been firmly resettled in a third country before applying for asylum in the United States. Read more...
United States Second Circuit, 09/23/2011
Chen v. Holder, No. 10-2434
In a petition for review of an order of the BIA affirming the denial of petitioner's application for asylum, withholding of removal, and relief under the CAT, petition is denied where although the possibility that an undocumented immigrant's refusal to testify on behalf of an asylum applicant for fear of being apprehended may, under certain circumstances, render his testimony unavailable, the immigration judge correctly held that petitioner's testimony regarding an alleged forced abortion was insufficient to carry her burden of proof and she failed to produce reasonably available corroborative testimony from her husband. Read more...
United States Third Circuit, 09/22/2011
Cheruku v. Attorney General of the US, No. 10-1176
In a petition for review of a BIA decision affirming the denial of petitioner's application to adjust her status to that of a lawful permanent resident on the ground that petitioner, a citizen of India, was found inadmissible under 8 U.S.C. section 1182(a)(9)(B)(i)(II), petition is denied where the BIA reasonably determined that the general inadmissibility provision of section 1182(a)(6)(A)(i) is distinguishable from the more specific provision of section 1182(a)(9)(B)(i)(II). Read more...
United States Ninth Circuit, 09/19/2011
Luna v. Holder, No. 08-71086
In a petition for review of an order of the BIA denying petitioners' motion to reopen as untimely, petition is denied where 8 C.F.R. section 1003.44’s deadline to file special motions to reopen is a constitutionally-sound procedural rule and that absent some exceptional circumstances, petitioners that miss the deadline are not entitled to relief from that deadline. Read more...
United States Ninth Circuit, 09/22/2011
Cole v. Holder, No. 09-73625
In a petition for review of a decision by the BIA denying petitioner's application for deferral of removal under the Convention Against Torture, petition is granted with a remand where the BIA failed to give reasoned consideration to potentially dispositive testimony by petitioner's expert witnesses and did not address all of petitioner's claims. Read more...
United States Ninth Circuit, 09/23/2011
US v. Rivera, No. 10-50313
In an appeal from a judgment of the district court convicting defendant of unlawfully attempting to reenter the United States after having previously been removed, 8 U.S.C. section 1326, conviction and sentencing are upheld where the district court correctly increased defendant's sentencing by eight levels because defendant's prior petty theft conviction was based upon on a plea to conduct that constitutes a generic theft offense, and because this was a theft offense conviction for which the term of imprisonment was at least one year. Read more...
September 12, 2011 - September 16, 2011
United States Ninth Circuit, 09/14/2011
US v. Tafoya-Montelongo, No. 10-10177
In an appeal from a judgment of the district court sentencing appellant to a term of 52 months in prison for illegal reentry after deportation, 8 U.S.C. section1326 as enhanced by 8 U.S.C. section 1326(b)(2), judgment is affirmed where appellant's prior conviction for attempted sexual abuse of a child is a "crime of violence" within the Sentencing Guidelines and the court correctly applied a 16-level enhancement pursuant to U.S.S.G. section 2L1.2(b)(1) (A)(ii). Read more...
United States Ninth Circuit, 09/14/2011
Habibi v. Holder, No. 06-72111
In a petition for review of a judgment of the BIA upholding a removal order, 8 U.S.C. section 1227(a)(2)(E)(i), petition is denied where the BIA defines "one year" as 365 days, regardless of leap years, for purposes of Section 1101(a)(43)(F). Read more...
United States Ninth Circuit, 09/14/2011
US v. Ruiz-Apolonio, No. 10-50306
In an appeal from a judgment of the district court imposing a 46-month prison sentence following appellant's guilty plea to one count of illegal reentry, 8 U.S.C. section 1326, judgment is affirmed where a conviction for forcible rape under California Penal Code section 261(a)(2) is categorically a "crime of violence" as defined by the Sentencing Guidelines and because the court did not commit procedural error in calculating the Guidelines range nor was the imposed sentence substantively unreasonable. Read more...
United States Ninth Circuit, 09/14/2011
US v. Ayala-Nicanor, No. 10-50069
In an appeal from a judgment of the district court sentencing appellant to a term of 70 months in prison for illegal reentry after deportation, 8 U.S.C. section 1326(a) and (b), judgment is affirmed where Laurico-Yeno remains good law such that appellant's prior conviction for willful infliction of corporal injury on a spouse is a categorical crime of violence under the Sentencing Guidelines and because the court provided a reasoned explanation for increasing appellant's offense level by sixteen points. Read more...
September 05, 2011 - September 09, 2011
United States Third Circuit, 09/08/2011
Doe v. Attorney General US, No. 10-2272
In a petition for review of a decision of the BIA removing petitioner, a lawful permanent resident and citizen of Belarus, upon his conviction for aiding and abetting a wire fraud scheme, petition is granted with respect to petitioner's CAT claims and denied with respect to the BIA’s decision in all other respects. Read more...
United States Ninth Circuit, 09/08/2011
Singh v. Holder, No. 07-70056
In a petition for review of an order of the BIA affirming the denial of an application for asylum by petitioner, a native and citizen of India, as untimely, petition is granted where the agency applied the incorrect legal standard in determining whether petitioner established changed or extraordinary circumstances that would excuse his tardy application. Read more...
United States Ninth Circuit, 09/06/2011
US v. Cisneros-Resendiz, No. 10-50521
In an appeal from the judgment of the district court convicting appellant for illegal reentry after removal, 8 U.S.C. section 1326, judgment is affirmed where appellant, a native and citizen of Mexico, cannot cannot show that the entry of removal order was "fundamentally unfair" as required under Section 1326(d)(3). Read more...
United States Ninth Circuit, 09/09/2011
Santiago-Rodriguez v. Holder, No. 06-75319
In a petition for review of a BIA judgment affirming an order of removal based on a later-challenged concession of removability, petition is granted with the matter remanded for a consideration of whether the testimony of petitioner, a lawful permanent resident and citizen of Mexico, established that he "knowingly encouraged, induced, assisted, abetted, or aided" his brother to enter the United States illegally in violation of 8 U.S.C. section 1227(a)(1)(A) and (a)(1)(E)(i). Read more...
August 29, 2011 - September 02, 2011
United States Third Circuit, 09/01/2011
Diop v. US Immigration and Customs Enforcement, No. 10-1113
In an appeal from a judgment of the district court dismissing appellant's petition for habeas relief, judgment is reversed where U.S.C. section 1226(c) authorizes only mandatory detention for a reasonable period of time such that appellant's incarceration for 1,072 days was unlawful. Read more...
United States Ninth Circuit, 09/01/2011
Li v. Holder, No. 07-71027
In a petition for review of an order of the BIA affirming the decision of the immigration judge denying petitioner, a native and citizen of China, asylum, petition is denied where petitioner's method of entry into the United States -- being concealed in a metal box that was welded to the bottom of a car and driven across the border in the desert heat -- was so dangerous that asylum should be denied. Read more...
United States Ninth Circuit, 09/02/2011
Costello v. Napolitano, No. 09-56786
In an appeal from a judgment of the district upholding a decision of the BIA that the Child Status Protection Act, 8 U.S.C. section 1153(h), does not apply to Appellants’ "aged-out" children, judgment is affirmed where the BIA's interpretation of Section 1153(h) warrants deference. Read more...
August 22, 2011 - August 26, 2011
United States Third Circuit, 08/25/2011
Higgs v. Attorney General of the US, No. 09-3128
In a petition for review of an order of the BIA removing petitioner, petition is granted with a remand where the BIA erred in dismissing petitioner's appeal as moot because petitioner, a native of the Bahamas, incorrectly identified his appeal as one from an interlocutory ruling rather than from a final order of removal within the meaning of 8 U.S.C. section 1252(a)(1). Read more...
United States Ninth Circuit, 08/24/2011
US v. Barajas-Alvarado, No. 10-50134
Conviction and sentencing of defendant for illegal reentry, 8 U.S.C. section 1326, is upheld where district properly denied defendant's motion to dismiss because although defendant was entitled to judicial review of the predicate expedited removal orders underlying his Section 1326 prosecution, he failed to show any prejudice resulting from the alleged procedural flaws in the proceedings that resulted in the order of removal. Read more...
United States Ninth Circuit, 08/24/2011
US v. Matus-Zayas, No. 09-10294
Conviction and sentencing of defendant on various counts related to transporting and harboring illegal aliens are affirmed where although the district court erred by permitting the government to introduce contested depositions into evidence without a showing of unavailability, the error was harmless. Read more...
United States Ninth Circuit, 08/25/2011
Khoshfahm v. Holder, No. 10-71066
In a petition for review of a judgment of the BIA affirming an order of removal and the denial of petitioner's application for asylum and withholding of removal, petition is granted where substantial evidence does not support the BIA’s determination that petitioner, who lived for approximately six continuous years with his parents in Iran, abandoned his lawful permanent resident status. Read more...
United States Ninth Circuit, 08/26/2011
Valadez-Lopez v. US, No. 09-16375
In an appeal from a judgment of the district court dismissing plaintiff's Federal Tort Claims Act, 28 U.S.C. sections 1346, 2671-80, claims, judgment is affirmed where although claims were administratively exhausted, they fell outside the Act’s waiver of sovereign immunity and where the court properly granted summary judgment on plaintiff's Monell claim. Read more...
August 15, 2011 - August 19, 2011
United States Third Circuit, 08/17/2011
Simon v. Holder, No. 10-2411
In a petition for review of an order of the BIA denying a motion to reconsider an order of removal by petitioner, a native and citizen of Guyana, petition is granted with the order vacated where the BIA abused its discretion in failing to apply the principles articulated Hashmi to petitioner's case. Read more...
United States Third Circuit, 08/16/2011
Brandao v. Attorney Gen. of the US, No. 09-3550
In a petition for review of an order of the BIA removing petitioner, a Cape Verdean citizen born out of wedlock, petition is denied where a Cape Verde statute legitimated petitioner, making him ineligible for derivative citizenship under 8 U.S.C. section 1432(a)(3). Read more...
United States Ninth Circuit, 08/19/2011
Delgado v. Holder, No. 03-74442
In a petition for review of a decision of the BIA ordering petitioner, a native and citizen of El Salvador, removed, petition is granted in part and denied in part where: 1) there is appellate jurisdiction to review the BIA’s determination that an alien has been convicted of a particularly serious crime and is therefore ineligible for withholding of removal under 8 U.S.C. section 1252(a)(2)(B)(ii); 2) where for purposes of withholding of removal, an offense need not be an aggravated felony to be a particularly serious crime such that driving under the influence, although not statutorily defined as an aggravated felony, does not preclude the BIA from determining that DUI can be a particularly serious crime; and 3) for asylum purposes, the Attorney General has the authority to designate offenses as particularly serious crimes through case-by-case adjudication as well as regulation. Read more...
August 08, 2011 - August 12, 2011
United States Ninth Circuit, 08/10/2011
Soriano-Vino v. Holder, No. 06-73345
In a petition for review of an order of the BIA, petition is denied where the confidentiality provision of the statute governing the Special Agricultural Workers program, 8 U.S.C. section 1160, was not breached during subject inspection. Read more...
United States Ninth Circuit, 08/11/2011
US v. Aguila-Montes de Oca, No. 05-50170
Enhanced sentencing of defendant for illegal reentry after deportation, 8 U.S.C. section 1326, is vacated where appellant's prior conviction for first-degree residential burglary, California Penal Code Section 459, does not qualify as a crime of violence under either the categorical or modified categorical approach because Navarro-Lopez’s missing element rule is not required by the Supreme Court’s modified categorical approach as articulated in Taylor. Read more...
California Court of Appeal, 08/09/2011
Salas v. Sierra Chemical Co., No. C064627
In a labor and employment action alleging disability discrimination in violation of the Fair Employment and Housing Act, summary judgment in favor of the defendant is affirmed where the plaintiff's use of a counterfeit Social Security card bars the action as a matter of law on the doctrines of after-acquired evidence and inequitable conduct. Read more...
August 01, 2011 - August 05, 2011
United States Third Circuit, 08/03/2011
Espinal v. Attorney Gen. of the US, No. 10-1473
In a petition for review of a decision of the BIA denying petitioner, a native and citizen of the Dominican Republic, relief from an order of removal on the ground that it lacked jurisdiction because petitioner had been removed from the United States, 8 C.F.R. section 1003.2(d), judgment of the BIA is reversed where section 1003.2(d) conflicts with the IIRIRA, 8 U.S.C. section 1229a(c)(6)(A), (7)(A). Read more...
United States Ninth Circuit, 08/04/2011
US v. Espinoza-Baza, No. 09-10398
Conviction and sentencing of defendant, a native and citizen of Mexico, on two counts of illegal reentry in violation of 8 U.S.C. section 1326 are upheld where defendant's sentence was both procedurally and substantively reasonable. Read more...
July 18, 2011 - July 22, 2011
United States Second Circuit, 07/19/2011
Wu v. Holder, No. 09-2564
In a dispute arising from a petition for review of an order of removal, motion to dismiss petition on the grounds of the fugitive disentitlement doctrine is denied where the application of the doctrine to petitioner’s failure to appear on a bag-and-baggage notice will improperly conflate disobedience of an executive command with that of a court order. Read more...
United States Ninth Circuit, 07/19/2011
Viridiana v. Holder, No. 06-73335
In a petition for review of a BIA order affirming an administrative denial of claims for asylum and withholding of removal by petitioner, an Indonesia citizen of Chinese descent, petition is granted with case remanded where the agency erred as a matter of law in finding that fraudulent deceit by an immigration consultant cannot constitute an extraordinary circumstance that excuses an otherwise untimely asylum application. Read more...
United States Ninth Circuit, 07/21/2011
Rodriguez-Valencia v. Holder, No. 09-72060
In a petition for review of an order of the BIA denying petitioner's application for cancellation of removal, petition is denied where the BIA properly held that the convictions of petitioner, a native and citizen of Mexico, for willfully manufacturing, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark in violation of California Penal Code section 350(a)(2) constitute an aggravated felony. Read more...
United States Ninth Circuit, 07/22/2011
US v. Dann, No. 10-10191
Conviction and sentencing of defendant for forced labor as well as for the related offenses of document servitude and harboring an alien for financial gain with sentencing enhancements, are affirmed as supported by sufficient evidence. Read more...
United States Ninth Circuit, 07/21/2011
Singh v. Holder, No. 07-70500
In a petition for review of an order of the BIA denying petitioner's motion to reopen, petition is granted where the BIA abused its discretion by holding that prior counsel was not ineffective because counsel made a tactical decision to forgo seeking a stay of voluntary departure in favor of filing a motion to remand and that petitioner was not prejudiced by prior counsel's failures, because he was ineligible for adjustment of status on account of his voluntary failure to comply with an order of voluntary departure. Read more...
July 11, 2011 - July 15, 2011
United States Ninth Circuit, 07/14/2011
Hu v. Holder, No. 09-70240
In a petition for review of an order of the BIA denying petitioner's applications for asylum and withholding of removal, and relief under the CAT, petition is granted with case remanded for further proceedings where petitioner, a native and citizen of China, who was arrested after his organization of a worker's protest, may have established that his arrest and subsequent harassment by state officials was on account of a protected ground. Read more...
United States Ninth Circuit, 07/14/2011
Gomez-Granillo v. Holder, No. 06-70635
In a petition for review of an order of the BIA dismissing an appeal of a removal order on the ground that substantial evidence supported a finding that an immigration officer had the necessary reason to believe that petitioner, a native and citizen of Mexico, was knowingly involved in drug trafficking, petition is granted where the immigration judge misunderstood the relevant legal standard. Read more...
United States Ninth Circuit, 07/14/2011
Nunez-Reyes v. Holder, No. 05-74350
In a petition for review of an order of the BIA denying petitioner's application for cancellation of removal, petition is denied where the court reverses its equal protection holding in Lujan-Armendariz v. INS so that an expungement state-law conviction for drug possession no longer insulates an alien from adverse immigration consequences. Read more...
July 04, 2011 - July 08, 2011
United States Second Circuit, 07/07/2011
Gomez-Beleno v. Holder, No. 07-0874
In a motion to recover fees and costs following a petition for review of an order of the BIA, motion is granted where petitioners, as successful parties, are entitled to such recovery under the Equal Access to Justice Act, 28 U.S.C. section 2412(d). Read more...
United States Ninth Circuit, 07/05/2011
Planes v. Holder, No. 07-70730
In a petition for review of an order of the BIA affirming removal order and a denial of cancellation, petition is dismissed for lack of jurisdiction because: 1) petitioner, a native and citizen of the Philippines, was convicted of two crimes involving moral turpitude, for each of which a sentence of a year or more may be imposed, and which did not arise out of a common criminal scheme; and 2) the denial was wholly discretionary such that there is no colorable legal or constitutional claim. Read more...
United States Ninth Circuit, 07/08/2011
Perez-Ramirez v. Holder, No. 07-70114
In a petition for review of an order of the BIA dismissing petitioner's appeal from a decision denying his application for asylum, withholding of removal, and relief under the CAT, order of the BIA is reversed where petitioner, a native and citizen of Mexico, qualifies as a whistleblower. Read more...
United States Ninth Circuit, 07/08/2011
Hernandez-Cruz v. Holder, No. 08-73805
In a petition for review of an order of the BIA affirming determinations that petitioner's prior convictions are grounds for removal, petition is granted where BIA erred in holding that the commercial burglary convictions of petitioner, a native and citizen of Guatemala, are generic attempted theft offenses and in concluding that the convictions qualified as crimes involving moral turpitude. Read more...
United States Ninth Circuit, 07/08/2011
US v. Gonzalez-Melchor, No. 10-50111
Conviction and sentencing of defendant for reentry after deportation, 8 U.S.C. section 1326, is reversed and remanded where: 1) an appellate waiver negotiated by the district court at sentencing in exchange for a reduced sentence is invalid and unenforceable; and 2) the immigration judge failed adequately to advise defendant of his ability to apply for voluntary departure. Read more...
June 27, 2011 - July 01, 2011
United States Second Circuit, 06/30/2011
Li v. Renaud, No. 10-2560
In a dispute involving the scope of the Child Status Protection Act, 8 U.S.C. section 1153(h)(3), judgment of the district court dismissing complaint is affirmed where Section 1153(h)(3) does not entitle an alien to retain the priority date of an aged-out family preference petition if the aged-out family preference petition cannot be converted to an appropriate category. Read more...
United States Third Circuit, 06/29/2011
US v. Orocio, No. 10-1231
In a challenge to a plea conviction for possession of a controlled substance, 21 U.S.C. section 844(a), on the ground of ineffective of counsel and involving the scope of Padilla v. Kentucky, judgment of the district court denying challenge is reversed where Padilla is retroactively applicable on collateral review. Read more...
United States Third Circuit, 06/30/2011
Sarango v. Attorney General of the US, No. 10-2737
In a petition for review of an order of the BIA dismissing petitioner's appeal for retroactive consent to reapply for admission to the United States, 8 U.S.C. section 1182(a)(9)(C)(ii), petition is denied where an immigration judge lacks jurisdiction to consider a Section 1182(a)(9)(C)(ii) request for consent to reapply for admission. Read more...
United States Ninth Circuit, 06/29/2011
Antonyan v. Holder, No. 07-72719
In a petition for review of an order of the BIA denying petitioner, a native and citizen of Armenia, asylum, withholding of removal, and CAT relief, petition is granted where the whistleblowing doctrine extends to an asylum petitioner who faces retaliation from a notorious criminal who is protected by corrupt government officials. Read more...
June 20, 2011 - June 24, 2011
United States Third Circuit, 06/21/2011
Alli v. Decker, No. 10-2297
In an action seeking a declaratory judgment that the continued detention of class members pursuant to 8 U.S.C. section 1226(c) and without bond hearings violates the INA and Due Process, judgment of the district court denying class certification and dismissing action is reversed where the court erred in finding that 8 U.S.C. section 1252(f)(1) deprived it of subject matter jurisdiction over plaintiffs' action. Read more...
United States Ninth Circuit, 06/21/2011
Carrillo de Palacios v. Holder, No. 09-72059
In a petition for review of a decision of the BIA, petition is denied where the BIA correctly concluded that petitioner, a native and citizen of Mexico, returned to the United States after having been unlawfully present in the United States for an aggregate period of more than 1 year, rendering her inadmissible under 8 U.S.C. section 1182(a)(9)(C)(i)(I). Read more...
United States Ninth Circuit, 06/22/2011
Gil v. Holder, No. 08-74371
In a petition for review of an order of the BIA denying petitioner, a native and citizen of Mexico, cancellation of removal and voluntary departure, judgment of the BIA is affirmed because a conviction under California Penal Code section 12025(a) is a firearms offense under 8 U.S.C. section 1227(a)(2)(C), and where the BIA's denial of voluntary departure was a matter of discretion not subject to appellate review. Read more...
United States Ninth Circuit, 06/22/2011
Reina-Rodriguez v. US, No. 08-16676
Conviction and enhanced sentencing of defendant for illegal re-entry after deportation, in violation of 8 U.S.C. section 1326 is reversed where under retroactive application of United States v. Grisel, the defendant’s burglary conviction does not qualify categorically as a predicate offense. Read more...
June 13, 2011 - June 17, 2011
United States Second Circuit, 06/17/2011
Delgado v. Quarantillo, No. 10-1136
In a dispute arising from the removal of defendant from the United States pursuant to an expedited order of removal, judgment of the district court dismissing action for lack of jurisdiction is affirmed where a district court lacks jurisdiction over an indirect challenge to an order of removal. Read more...
United States Third Circuit, 06/14/2011
Argueta v. US Immigration and Customs Enforcement, No. 10-1479
In a Bivens action arising from an alleged practice of unlawful and abusive raids of immigrant homes by ICE agents, judgment of the district court is reversed where plaintiffs' individual capacity claims for damages failed to allege a plausible Bivens claim against defendants. Read more...
United States Third Circuit, 06/16/2011
US v. Lopez, No. 10-2518
In a constitutional challenge to sentences imposed after guilty pleas to illegal reentry, 8 U.S.C. section 1326(a) and (b)(2), judgment of the district court is affirmed because the implementation of fast-track programs is rationally related to several legitimate governmental interests and does not violate the Fifth Amendment and where the sentences imposed were procedurally and substantively reasonable. Read more...
United States Third Circuit, 06/16/2011
Yusupov v. Attorney General of the US, No. 09-3032
In a petition for review of an order of the BIA finding petitioners, natives and citizens of Uzbekistan, to be a danger to national security, petition is granted where petitioners are entitled to a mandatory witholding as a matter of law under CAT because petitioners will be persecuted and tortured on religious and political grounds if returned to Uzbekistan. Read more...
United States Ninth Circuit, 06/17/2011
Singh v. Holder, No. 08-70434
Petition for review of an order of the Board of Immigration Appeals is granted where the BIA erred in imposing the corroboration provision found in 8 U.S.C. section 1158(b)(1)(B)(ii) (governing demonstration of refugee status) on petitioner’s showing of timely filing under section 1158(a)(2)(B). Section 1158(b)(1)(B)(ii) applies to the merits of an asylum claim, not to the one-year filing deadline for asylum applications, and the one-year provision is governed by section 1158(a)(2)(B) is silent on the issue of corroboration. Read more...
June 06, 2011 - June 10, 2011
United States Second Circuit, 06/07/2011
Boluk v. Holder, No. 10-2396
In a petition for review of a BIA order of removal, petition is denied where agency: 1) properly placed on petitioner the burden of establishing that his qualifying marriage (which failed) was entered in good faith; 2) applied the proper standard for assessing eligibility for a hardship waiver; and 3) properly weighed the evidence. Read more...
United States Ninth Circuit, 06/08/2011
US v. Gonzalez-Aparicio, No. 09-10447
Plea conviction and sentencing of defendant for attempted reentry after deportation in violation of 8 U.S.C. section 1326 are upheld where the district court committed no plain error. Read more...
May 30, 2011 - June 03, 2011
United States Second Circuit, 05/31/2011
Watson v. Holder, No. 09-0657
In a petition for review of an order of the BIA affirming a determination that the petitioner was not legitimated pursuant to 8 U.S.C. section 1431(a), petition is granted and remanded with requests for: 1) clarification on precisely how the BIA interprets the concept of legitimation as it is used in section 1101(c)(1); and 2) justification for how the BIA arrived at that particular interpretation. Read more...
United States Ninth Circuit, 06/01/2011
Ixcot v. Holder, No. 09-71597
In a petition for review of an order of the BIA involving the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. section 1231(a)(5), and the the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA), petition is granted in part and denied in part where application of the IIRIRA is impermissibly retroactive when applied to petitioner, and because the court lacks jurisdiction to review agency determinations of eligibility for special rule cancellation of removal under section 203 of the NACARA. Read more...
United States Ninth Circuit, 06/03/2011
Guevara v. Holder, No. 08-72252
In a petition for review of an order of the BIA, petition is denied because the grant of employment authorization, pending the approval of adjustment of status under 8 U.S.C. section 1255, does not confer admission status on an undocumented alien for purposes of calculating seven years of continuous residence under 8 U.S.C. section 1229b(a)(2). Read more...
May 23, 2011 - May 27, 2011
United States Supreme Court, 05/26/2011
Chamber of Commerce of United States of America v. Whiting, No. 09-115
In a federal pre-enforcement suit challenging the Legal Arizona Workers Act, which, in certain circumstances, revoke the licenses of state employers that knowingly or intentionally employ unauthorized aliens and requires all Arizona employers to use E-Verify, judgment of the appeals court is affirmed where the plain language of the Immigration Reform and Control Act's (IRCA) preemption clause did not invalidate Arizona's law because the law did no more than impose licensing conditions on businesses operating within the State; nor was the state law preempted with respect to E-Verify because although Congress made the program voluntary at the national level, it expressed no intent to prevent States from mandating participation. Read more...
United States First Circuit, 05/23/2011
Dehonzai v. Holder, No. 09-2071
In a petition for review of an order of the BIA affirming a denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture, judgment of the BIA is affirmed where its finding that the petitioner, a native and citizen of the Ivory Coast, is not credible is supported by sufficient evidence. Read more...
United States Second Circuit, 05/27/2011
Freire v. Holder, No. 09-0329
In a petition for review of a judgment of the BIA denying petitioner's request for a continuance while petitioner, a native and citizen of Brazil, sought adjustment of his status before the USCIS, petition is granted where denial of request on the basis that the BIA lacked the authority to grant the continuance constitutes legal error. Read more...
United States Fourth Circuit, 05/24/2011
Salem v. Holder, No. 10-1078
In a petition for review of a judgment of the BIA affirming an administrative order of removal under INA section 237(a)(2)(A)(ii), order of the BIA is affirmed where petitioner, a stateless Palestinian with a lengthy career criminal record, failed to satisfy his statutorily prescribed burden of demonstrating eligibility for cancellation of removal. Read more...
United States Fourth Circuit, 05/24/2011
Johnson v. Whitehead, No. 10-1488
In a petition for review of a judgment of the BIA affirming an administrative order of removal, petition is denied where petitioner, a native and citizen of Jamaica, is not a citizen within the meaning of 8 U.S.C. section 1432(a)(3). Read more...
United States Ninth Circuit, 05/23/2011
U S v. Diaz-Ramirez, No. 10-10231
In a dispute involving whether the taking of guilty pleas at a large group hearing violated the Fifth Amendment right to due process, judgment of the district court is affirmed where ample evidence supports finding by court that defendants, natives and citizens of Mexico, voluntarily and understandingly pled guilty, as required by Boykin, to illegally entering the United States in violation of 8 U.S.C. section 1325. Read more...
May 16, 2011 - May 20, 2011
United States Ninth Circuit, 05/17/2011
Hoang v. Holder, No. 09-72954
In a petition for review of an order of the BIA affirming the removal of petitioner, a native and citizen of Vietnam, petition is granted because a state misdemeanor conviction for rendering criminal assistance is not categorically an aggravated felony under 8 U.S.C. section 1101(a)(43)(S) where petitioner's conduct lacks the necessary actus reus. Read more...
United States Ninth Circuit, 05/19/2011
Ayala v. Holder, No. 08-71868
In a petition for review of an order of the BIA affirming the denial of petitioner's applications for asylum, withholding of removal, and protection under the CAT, judgment of the BIA is affirmed where prior service in the military does not constitute membership in a particular social group, such that petitioner's fear of reprisals from criminal elements in El Salvador because of his previous service as a military officer provided grounds to grant his petition under the INA. Read more...
May 09, 2011 - May 13, 2011
United States First Circuit, 05/13/2011
Pheng v. Holder, No. 10-1627
In a petition for review of an order of the BIA denying petitioner's applications for asylum, withholding of removal, and relief under the Convention Against Torture, petition is denied where rape committed by a government official against petitioner, a native and citizen of Cambodia, is not, standing alone, evidence of political persecution. Read more...
United States Third Circuit, 05/10/2011
Demandstein v. Attorney General of the US, No. 10-1230
In a petition for review of a BIA order of removal, petition is denied where the record supports determination that petitioner, a native and citizen of Israel, is ineligible for cancellation of removal under INA section 240A(b)(1). Read more...
United States Ninth Circuit, 05/12/2011
US v. Escamilla-Rojas, No. 10-10185
In a dispute concerning whether the taking of guilty pleas at a large group plea hearing violated a criminal defendant's rights protected by Federal Rule of Criminal Procedure 11 and the Fifth and Sixth Amendments, judgment of the district court is affirmed because the individual questioning of defendant satisfied the requirement that the magistrate judge make certain that defendant, a native and citizen of Mexico, knowingly, intelligently, and voluntarily waived her rights before entering a plea of guilty pursuant to 8 U.S.C. section 1325. Read more...
United States Ninth Circuit, 05/11/2011
Pannu v. Holder, No. 07-71988
In a petition for review of a BIA determination that petitioner, a citizen of India, is removable based on his conviction for two or more crimes involving moral turpitude including failing to register as a sex offender as required by state law, petition is remanded where several significant legal developments have intervened since the order of removal. Read more...
United States Ninth Circuit, 05/13/2011
Leonardo v. Crawford, No. 09-17495
In an immigration dispute involving the proper procedure for challenging a Casas bond determination, judgment of the district court is reversed where petitioner has not exhausted his adminstrative remedies because, once an alien has received a Casas bond hearing before an immigration judge, he may appeal the judge's decision to the BIA. If the alien is dissatisfied with the BIA’s decision, he may then file a habeas petition in the district court challenging his continued detention. The district court’s decision on the habeas petition may only then be properly appealed to the Court. Read more...
May 02, 2011 - May 06, 2011
United States Ninth Circuit, 05/03/2011
Singh v. Holder, No. 05-70722
In a petition for review of a BIA order affirming the denial of the application of petitioner, a citizen of India, for asylum, petition is denied where adverse credibility finding was supported by substantial evidence that petitioner lied in his application and denial of a continuance so that petitioner could put his father on the stand did not constitute a due process depravation. Read more...
United States Ninth Circuit, 05/02/2011
US v. Li, No. 10-10079
Convictions of defendants for being aliens who knowingly and willfully attempted to enter the United States at a time or place not designated by immigration officers in violation of 8 U.S.C. section 1325(a)(1) are reversed because an alien does not enter or attempt to enter the United States for purposes of section 1325(a)(1) when traveling by boat from the Commonwealth Northern Mariana Islands to Guam. Read more...
United States Ninth Circuit, 05/05/2011
Go v. Holder, No. 06-71575
In a petition for review of an order of the BIA denying claims by petitioner, a native and citizen of the Philippines, for asylum, withholding of removal, and protection under the Convention Against Torture, petition is denied where evidence weighs against granting claim for relief and petitioner's involvement in criminal activity made him statutorily ineligible for asylum and withholding of removal. Read more...
United States Ninth Circuit, 05/04/2011
Paulo v. Holder, No. 07-71198
In a petition for review arising from a waiver of inadmissibility pursuant to the section 212(c) of the Immigration and Nationality Act (INA), petition is granted and remanded where res judicata binds BIA to the final decision of the district court, which held that petitioner, a native and citizen of the Philippines, is eligible for discretionary relief under section 212(c). Read more...
April 25, 2011 - April 29, 2011
United States Second Circuit, 04/27/2011
Cruz-Miguel et al v. Holder, No. 09-3155, 09-3156, 09-3157, 09-5176
In a petition for review of a BIA judgment holding that petitioners, citizens of Mexico and Guatemala, are statutorily ineligible for adjustment of status because their release on conditional parole under INA section 236(a)(2)(B) does not qualify them as paroled into the United States, petition is denied because statutory language makes it plain that an alien released on conditional parole pending resolution of ongoing removal proceedings is not thereby paroled into the United States so as to be eligible for adjustment of status. Read more...
United States Third Circuit, 04/25/2011
Patel v. Atty Gen USA, No. 10-1554
In a petition for review of a denial of a motion to reopen a removal order entered in absentia, petition is denied because petitioner, a native and citizen of India, failed to demonstrate that he did not receive notice of the removal hearing. Read more...
April 18, 2011 - April 22, 2011
United States Third Circuit, 04/22/2011
Yuan v. Atty Gen USA, No. 10-1082
In a petition for review of an order of the BIA denying application for asylum, withholding of removal, and protection under the Convention Against Torture, peition is denied where petitioner, a citizen and native of China, presented insufficient evidence in support of her petition and erroneous de novo review by BIA of administrative decision was harmless, Read more...
United States Ninth Circuit, 04/21/2011
Perez-Mejia v. Holder, No. 07-70118
In a petition for review of a decision of the BIA dismissing an appeal from an order of removal of petitioner, a native and citizen of Mexico, petition is denied where: 1) admissions and concessions by counsel for petitioner satisfied burden of proof; 2) the introduction of a criminal docket from prior conviction sufficiently established removability; 3) government is not estopped from removing petitioner even though it knew about his prior conviction when it granted him LPR status; and 4) petitioner is ineligible for a waiver of inadmissibility although his prior conviction predated his admission as an LPR. Read more...
California Court of Appeal, 04/18/2011
People v. Placencia, No. B224758
Appeal by defendant of trial court judgment denying his motion to vacate following a plea of nolo contendere to possession or control of child pornography, Pen. Code section 311.11, subd. (a), on the grounds that the trial court failed to properly inform him of the immigration consequence of his plea is dismissed as an improper attack on the validity of a plea because defendant failed to obtain a certificate of probable cause. Read more...
April 11, 2011 - April 15, 2011
United States Third Circuit, 04/14/2011
Alzaarir v. Atty Gen, No. 10-1289
In a petition for review of a judgment of the BIA ordering the removal of petitioner, a Palestinian citizen following a denial of his motion to reopen on the grounds that motion was number and time-barred, petition is denied where decision by BIA was not arbitrary, irrational, or contrary to law. Read more...
United States Ninth Circuit, 04/11/2011
Garfias-Rodriguez v. Holder, No. 09-72603
In a petition for review of a final removal order, petition is denied where petitioner, a native and citizen of Mexico, who is inadmissible under 8 U.S.C. section 1182(a)(9)(C)(i)(I) cannot apply for adjustment of status under 8 U.S.C. section 1255(i) and because the BIA decision in Briones is entitled to Chevron deference in light of its reasonable interpretation of the statutory framework of sections 1182(a)(9)(C)(i)(I) and 1255(i). Read more...
United States Ninth Circuit, 04/11/2011
US v. Arizona, No. 10-16645
In a dispute involving immigration law enforcement statute passe by Arizona, S.B. 1070, judgment by district court granting the United States injunctive relief on sections 2(B), 3, 5(C), and 6 of the statute as likely preempted by federal law is affirmed where judgment was not an abuse of discretion. Read more...
United States Ninth Circuit, 04/15/2011
Castro-Martinez v. Holder, No. 08-70343
In a petition for review of a BIA order denying applications of petitioner, a Mexican native and citizen, for asylum, withholding of removal, and relief under the CAT is denied because petitioner failed to demonstrate past persecution or a well-founded fear of future persecution on account of his homosexuality or HIV-positive status where abuse petitioner suffered was not inflicted by government actors. Read more...
April 04, 2011 - April 08, 2011
United States Third Circuit, 04/06/2011
Pllumi v. Attorney Gen. US, No. 09-4454
In a petition for review of an administrative order denying an application for asylum by petitioner, a native and citizen of Albania, on the ground that his application was untimely, 8 C.F.R. section 208.4(a)(2), and healthcare concerns cannot be a basis for asylum, petition is granted and remanded for clarification because concerns over an inadequate healthcare system could be a basis for asylum. Read more...
United States Ninth Circuit, 04/05/2011
Vahora v. Holder, No. 08-71618
In a petition for review of an administrative order denying an application for asylum by petitioner, an Indian Sunni Muslim, on the ground that his application was untimely, 8 C.F.R. section 208.4(a)(2), denial is reversed where destruction of home and farm house owned by petitioner, and the disappearance of his brother attributable to his religious affiliation, constituted a changed circumstance such that his untimely petition is excused under 8 C.F.R. section 208.4(a)(5). Read more...
United States Ninth Circuit, 04/06/2011
Vukmirovic v. Holder, No. 05-75936
In an immigration appeal arising from removal of petitioner in absentia, petition for rehearing en Banc is granted where circuit panel has now concluded that its original opinion constituted a departure from Circuit precedent and interpreted too broadly the exceptional circumstances safe harbor for aliens removed in absentia under 8 U.S.C. section 1252b(c)(3)(A). Read more...
United States Ninth Circuit, 04/07/2011
Gonzalez-Medina v. Holder, No. 10-70913
In a petition for review of an order of the BIA affirming final order of removal of petitioner, a native and citizen of Mexico, petition is denied because applying the one-year filing deadline to asylum application does not violate the Equal Protection Clause, and domestic abuse that occurs in the United States does not constitute past persecution. Read more...
United States Ninth Circuit, 04/07/2011
Reyes-Torres v. Holder, No. 08-74452
In a petition for review involving whether the BIA has jurisdiction to review a motion to reconsider and reopen submitted after the petitioner, a native and citizen of Mexico, has been involuntarily removed, petition is granted because the BIA has such jurisdiction. Read more...
United States Ninth Circuit, 04/07/2011
US v. Delgado-Ramos, No. 09-50580
Conviction and sentencing of defendant for attempted entry after deportation, 8 U.S.C. section 1326(a)-(b), is affirmed where failure of district court to inform him of the immigration consequences of his plea during his plea colloquy was not prejudicial error because even where Padilla v. Kentucky has overruled Circuit precedent, the decision does not undercut the theory or reasoning underlying Amador-Lea so as to afford the defendant a remand. Read more...
March 28, 2011 - April 01, 2011
United States Second Circuit, 03/31/2011
US v. Perez-Frias, No. 10-1401
Conviction and sentencing of defendant, a Dominican national, for illegal reentry into the US under 8 U.S.C. sections 1326(a) and 1326(b)(2) is upheld where the imposition of a below-Guidelines sentence of a prison term of 42 months was substantively reasonable. Read more...
United States Ninth Circuit, 03/29/2011
Saucedo-Arevalo v. Holder, No. 09-73682
In a petition for review of denial of cancellation of removal under 8 U.S.C. section 1229b(b)(1) by Board of Immigration Appeals, petition is denied where petitioner cannot satisfy the 10-year continuous residency requirement and her mother's physical presence cannot be imputed to petitioner. Read more...
United States Ninth Circuit, 03/30/2011
US v. Cotterman, No. 09-10139
In a dispute involving the scope of the border search doctrine, judgment by the district court that the search of property seized at an international border and moved 170 miles inland for further search cannot be justified by the border search doctrine is reversed where neither the scope of the intrusion nor the duration of the deprivation was egregious. Read more...
United States Ninth Circuit, 03/31/2011
Jimenez-Juarez v. Holder, No. 09-72766
In a petition for review of an order of the BIA, judgment of the BIA that petitioner, a Mexican national, is deportable on the basis of an aggravated felony conviction is affirmed because a felony conviction for child molestation in the third degree under Revised Code of Washington section 9A.44.089 constitutes a crime of child abuse within the meaning of 8 U.S.C. section 1227(a)(2)(E)(i). Read more...
United States Ninth Circuit, 04/01/2011
Singh v. Holder, No. 10-15715
In a dispute involving the applicable standard in a Casas hearing, judgment of the district court is affirmed in part and vacated in part because the government must prove by clear and convincing evidence that continued detention of petitioner, a Fijian national, is justified and that the immigration court is required to make a contemporaneous record of Casas hearings where an audio recording would suffice. Read more...
United States Ninth Circuit, 04/01/2011
Leiva-Perez v. Holder, No. 09-71636
In a dispute arising from a petition for review of an order of the BIA, motion for a stay of removal by petitioner is granted pending determination of his case on its merits because Abbassi balancing continuum tips in favor of petitioner. Read more...
March 21, 2011 - March 25, 2011
United States First Circuit, 03/24/2011
Castaneda-Castillo v. Holder, Jr., No. 09-1847
In a petition for review of BIA order denying asylum petition of petitioner, a Peruvian citizen, BIA order is reversed where order was marred by legal error. Read more...
United States Third Circuit, 03/25/2011
Dong v. Atty. Gen., No. 09-2524
In a petition for a review of an order of the BIA, judgment of the BIA is affirmed in part and reversed in part where application for asylum by petitioner based on past persecution lacked corroboration and claims for relief based on future persecution and under the United Nations Convention Against Torture fails. Read more...
United States Ninth Circuit, 03/23/2011
Bingham v. Holder, No. 09-70107
In a petition for review of an order of removal by the DHS, petition is denied where the enforcement of a written waiver of rights associated with entry into the US through the Visa Waiver Program and the summary issuance of an order of removal without a hearing is proper. Read more...
United States Ninth Circuit, 03/23/2011
Pascua v. Holder, No. 08-71636
In companion petitions for review of orders of the BIA, petitions are granted where former section 212(c) of the INA applies in deportation proceedings that commenced before the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act even if the proceedings include deportation charges based on post-IIRIRA offenses. Read more...
United States Ninth Circuit, 03/25/2011
Singh v. Holder, No. 06-74547
In a petition for review of orders by the Board of Immigration Appeals petition is denied where lying to the immigration authorities is a sufficient basis for an adverse credibility finding. Read more...
March 14, 2011 - March 18, 2011
United States Third Circuit, 03/18/2011
Chen v. Atty Gen USA, No. 09-3459
In a petition for review of a final removal order entered by the BIA, petition is denied because petitioners, both of whom are citizens of China, failed to show an objective, well-founded fear of persecution if returned to China. Read more...
United States Ninth Circuit, 03/18/2011
Ali v. Holder, No. 07-71195
In a petition for review of decisions by BIA denying the application of a Muslim and ethnic Indian for asylum withholding of removal, relief under the Convention Against Torture, and motion to reopen, petition is granted and remanded for re-examination where BIA abused its discretion. Read more...
March 07, 2011 - March 11, 2011
United States Ninth Circuit, 03/07/2011
Diouf v. Napolitano, No. 09-56774
In a removal proceeding, denial of motion for preliminary injunction for immediate release by district court is reversed because an individual facing prolonged immigration detention under 8 U.S.C. section 1231(a)(6) is entitled to release on bond unless the government establishes that he is a flight risk or a danger to the community. Read more...
United States Ninth Circuit, 03/11/2011
US v. Bonilla, No. 09-10307
District court denial of pre-sentencing motion to withdraw guilty plea by defendant, a Mexican national, because he feared deportation on the basis of his plea is reversed where the denial was an abuse of discretion. Read more...
February 28, 2011 - March 04, 2011
United States Second Circuit, 03/03/2011
Luna v. Holder, No. 08-4840
In a petition for review filed more than 30 days after the order of removal, petition is denied because applying the 30-day filing deadline to the challenge by defendant, a native of Jamaica, does not violate the Suspension Clause where the statutory motion to reopen process is an adequate and effective substitute for habeas review. Read more...
United States Ninth Circuit, 03/01/2011
Gallegoes-Vasquez v. Holder, No. 05-72412
In a petition for review, order of the BIA pretermitting application for a waiver of inadmissibility pursuant INA section 212(c), is reversed because the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 does not apply retroactively to deny petitioner, a native and citizen of Mexico, the right to apply for relief under section 212(c). Read more...
February 21, 2011 - February 25, 2011
United States Second Circuit, 02/25/2011
Beekhan v. Holder, No. 09-3129-ag
Petition for review of order by ICE reinstating order of exclusion is denied where petitioner entered the United States using the passport of another person, because petitioner was still an alien who reentered the United States illegally after having been removed. Read more...
United States Second Circuit, 02/25/2011
Nolcasco v. Holder, No. 09-5206-ag, 10-2780-ag
Petition for review of BIA's denial of petitoner's motion to reconsider application for asylum and withholding, on the basis that immigration judge lacked jurisdiction due to defective notice and service, 8 CFR sections 103.5a(c)(2)(ii), is denied where defect did not implicate petitioner's fundamental rights and petitioner was not prejudiced. Read more...
United States Ninth Circuit, 02/23/2011
US v. Hernandez-Guerrero, No. 10-50096
Conviction and sentencing of defendant for being an alien found in the United States following deportation, 8 USC section 1326(a), with district court's computation of sentence under USSG 4A1.2(e)(1) are affirmed where, for purposes of calculating criminal history points under USSG 4A1.2(e)(1), it is appropriate to use the date of reentry. Read more...
United States Ninth Circuit, 02/23/2011
Liu v. Holder, No. 08-72849
Appeal by petitioner concerning the denial of her asylum application by the Board of Immigration Appeals (BIA) based on her lack of credibility and submission of a frivolous application is granted in part where substantial evidence supports the denial, but the BIA failed to give petitioner adequate opportunity to address all the grounds for its findings of frivolousness. Read more...
United States Ninth Circuit, 02/24/2011
US v. Salazar-Mojica, No. 09-50632
Conviction and sentencing of defendant for being a deported alien found in the United States, in violation of 8 USC section 1326, is affirmed because the relevant time for determining whether a prior conviction was a felony for purposes of enhancement under USSG section 2L1.2(b)(1)(A)(ii) is the time the defendant was deported. Read more...
February 14, 2011 - February 18, 2011
United States First Circuit, 02/17/2011
Vasquez v. Holder, No. 09-2673
Petitions for review of an order issued by the Board of Immigration Appeals (BIA), claiming that an expedited removal order interrupted petitioner's continuous physical presence in the U.S., thereby rendering him ineligible for cancellation of removal pursuant to 8 U.S.C. section 1229b, is denied in part and dismissed in part for lack of jurisdiction. Read more...
United States Second Circuit, 02/18/2011
NLRB v. Domsey Trading Corp., No. 10-3356
In an action by the NLRB seeking enforcement of two Supplemental Decisions and Orders of the Board against an employer, pursuant to Section 10(e) of the National Labor Relations Act (NLRA), 29 U.S.C. section 160(e), and a cross petition for review of Supplemental Decisions and Orders pursuant to Section 10(f) of the NLRA, 29 U.S.C. section 160(f), the Board's application is denied and employer's petition granted where the Board erred when it failed to consider employer's objections to the immigration-related evidentiary rulings of the Administrative Law Judge that were based on pre-Hoffman Second Circuit and NLRB case law. See Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002). Read more...
United States Fourth Circuit, 02/16/2011
Crespin-Valladares v. Holder, No. 09-1423
Petition for review of a final order of removal entered by the Board of Immigration Appeals (BIA) vacating an immigration judge's (IJ) decision in favor of petitioners, a family seeking asylum because they fear persecution in El Salvador on account of family ties, is granted and remanded to the BIA with instructions that it review for clear error the IJ's findings that petitioners' persecution was "on account of" his family ties and that the Salvadoran government is unable or unwilling to control MS-13's activities. Read more...
United States Ninth Circuit, 02/15/2011
Lopez-Birrueta v. Holder, No. 10-70128
Petitions for review of the Board of Immigration Appeals' (BIA) denial of special-rule cancellation of removal under the Violence Against Women Act of 1994 (VAWA), is granted and the BIA denial reversed where mistreatment of petitioner's children by their lawful-permanent-resident father did rise to the level of "battery" under 8 U.S.C. section 1229b(b)(2)(A). Read more...
United States Ninth Circuit, 02/15/2011
US v. Valdovinos-Mendez, No. 09-50532
Conviction and sentence for illegally re-entering the United States following removal, in violation of 8 U.S.C. section 1326, is affirmed over claims that: 1) the admission into evidence of a certificate of nonexistence of record (CNR) and certain documents from his Alien Registration File (A-file) violated defendant's rights under the Sixth Amendment's Confrontation Clause; 2) the best evidence rule was violated; and 3) a sixteen-level enhancement to his Sentencing Guideline base offense level imposed for a prior conviction of assault with a deadly weapon under California Penal Code section 245(a), is invalid because the prior is not a "crime of violence" within the meaning of U.S.S.G. section 2L1.2(b)(1)(A)(ii). Read more...
United States Ninth Circuit, 02/16/2011
Abufayad v. Holder, No. 09-70136
Petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge's (IJ) determination that petitioner, a native of Saudi Arabia and citizen of Palestine, is removable, pursuant to 8 U.S.C. section 1182(a)(3)(B)(i)(II), for being likely to engage in terrorist activity after entering the United States, is denied where substantial evidence supports the BIA's conclusions. Read more...
January 31, 2011 - February 04, 2011
United States Second Circuit, 02/01/2011
Wong v. Holder, No. 08-5328
Petition for review of a Board of Immigration Appeals decision upholding an order of removal and ruling that, for purposes of evaluating a claim for relief from removal, the involuntary insertion of an intrauterine contraceptive device does not equate to involuntary sterilization or otherwise constitute persecution in the absence of aggravating circumstances and a nexus to petitioners' resistance to China’s population control policy, is dismissed in part, denied in part, and granted in part where the BIA failed to articulate the aggravating circumstances and nexus standards it applied to this case with sufficient clarity to permit judicial review. Read more...
United States Third Circuit, 02/01/2011
Li v. Atty. Gen. US, No. 09-4116
Petition for review of a Board of Immigrant Appeals (BIA) decision denying petitioners withholding of removal, on grounds that his arrest and prosecution for violating Chinese laws regarding the assistance of North Korean refugees would not amount to persecution "because of" his political opinion, is denied where petitioner presents none of the indicia of political motivation on the part of the Chinese government that US law requires. Read more...
United States Ninth Circuit, 01/31/2011
Rangel-Zuazo v. Holder, No. 07-72316
Petition for review of a final order of removal issued by the Board of Immigration Appeals is denied where the BIA properly determined that petitioner's prior conviction did not constitute a juvenile adjudication. Read more...
United States Ninth Circuit, 02/01/2011
Sharma v. Holder, No. 04-76624
Petition for review of Board of Immigrant Appeals decision dismissing petitioner's appeal which reviewed favorably the decision of the immigration judge (IJ), which denied his application for asylum, withholding of deportation, and protection under the Convention Against Torture (CAT), is denied. Read more...
January 24, 2011 - January 28, 2011
United States First Circuit, 01/25/2011
Mariko v. Holder, No. 09-1464
Guinean nationals' petition for review of a Board of Immigrant Appeals (BIA) decision, which affirmed a decision of an immigration judge (IJ) denying withholding of removal and protection under the Convention Against Torture (CAT), is denied where there is no cognizable error. Read more...
United States Second Circuit, 01/24/2011
Lui v. Holder, No. 09-5258
Petition for review of a Board of Immigration Appeals (BIA) decision, vacating and reversing the decision of Immigration Judge which granted petitioner's application for asylum, is denied where the conduct at issue, physical injuries sustained during an altercation with official Chinese family planning officials, did not constitute past persecution. Read more...
United States Second Circuit, 01/26/2011
Galluzzo v. Holder, No. 08-6036
In a suit challenging an ICE order of removal, issued without a hearing, and the District Court's denial of an Italian national's I-485 application to adjust his immigration status, dismissal for lack of jurisdiction is reversed and remanded where, in the absence of evidence of a waiver, petitioner's due process rights were violated by his failure to receive a hearing. Read more...
United States Third Circuit, 01/27/2011
Denis v. Attorney Gen. of US, No. 09-2113
Petitions for review of the determination of the Board of Immigration Appeals (BIA) that his conviction for tampering with physical evidence under New York law constituted an aggravated felony and a particularly serious crime, subjecting him to removal pursuant to 8 U.S.C. section 1227(a)(2)(A)(iii), and rendering him ineligible for withholding of removal under 8 U.S.C. section 1231(b)(3), and that he should have been found eligible for deferral of removal pursuant to the Convention Against Torture (CAT), are all denied where the BIA correctly determined that petitioner's conviction constituted an aggravated felony and a particularly serious crime, and that he is ineligible for deferral of removal. Read more...
United States Fourth Circuit, 01/24/2011
US v. Diosdado-Star, No. 09-4723
84-month sentence for one count of being found in the U.S. after having been excluded, deported, and removed from the U.S., in violation of 8 U.S.C. section 1326(a), and one count of possessing a counterfeit U.S. Resident Alien card, in violation of 18 U.S.C. section 1546(a), is affirmed where the sentence was: 1) procedurally reasonable, as the district court did not err by departing from the applicable Guidelines range; and 2) substantively reasonable, as the district court's decision that the Section 3553(a) factors, on the whole, justified the sentence" of 84 months' imprisonment. Read more...
United States Ninth Circuit, 01/24/2011
US v. Gonzales-Diaz, No. 10-30002
Conviction for being "found in" the U.S. following deportation, in violation of 8 U.S.C. section 1326 is affirmed where: 1) defendant's unlawful presence in the U.S. was not affected by his relatively brief physical presence in Canada because he was never "legally in" Canada; and 2) defendant was not under official restraint when he was arrested by U.S. immigration agents because, having been denied legal entry into Canada, he was not entering the U.S. from a foreign country. Read more...
United States Ninth Circuit, 01/28/2011
Young v. Holder, No. 07-70949
Petitions for review of the Board of Immigration Appeals' (BIA) decision affirming a final order of removability and finding petitioner ineligible for cancellation of removal because he failed to prove that his 2005 conviction for violating California Health & Safety Code section 11352(a) was not an "aggravated felony" as defined by the Immigration and Nationality Act (INA) are: 1) denied where petitoiner failed to exhaust his claim that his conviction was not for a violation of a law relating to a controlled substance; but 2) granted with respect to his eligibility for cancellation of removal because the judicially noticeable documents in the record fail to establish that his conviction was necessarily for an aggravated felony. Read more...
January 17, 2011 - January 21, 2011
United States Second Circuit, 01/18/2011
Baraket v. Holder, No. 09-0739
In a petition for review of the BIA's order pretermitting petitioner's application for cancellation of removal, the petition is denied where petitioner committed acts between October 2001 and December 2001 that constituted a crime involving moral turpitude, and the BIA therefore properly pretermitted his application for cancellation of removal on the grounds that, within the meaning of 8 U.S.C. section 1229b(a)(2), he had not continuously resided in the U.S. for seven years after his lawful entry in May 1996. Read more...
United States Fourth Circuit, 01/19/2011
Lizama v. Holder, No. 09-2027
An El Salvadoran's petition for review of a BIA's denial of his application for asylum and related relief, is dismissed in part and denied in part where: 1) petitioner's claim that the BIA erred in holding his asylum application to be untimely is dismissed for lack of jurisdiction; 2) the finding that petitioner's purported group is not a "particular social group" for purposes of asylum is consistent with the applicable legal standards and supported by substantial evidence; and 3) substantial evidence supports the BIA's decision denying CAT relief as petitioner failed to establish that he will more likely than not be tortured if removed to El Salvador. Read more...
United States Seventh Circuit, 01/21/2011
Ward v. Holder, No. 10-2063
A petition for review, by natives and citizens of Philippines, a BIA's affirmance of an IJ's finding that petitioners are removable from the United States under 8 U.S.C. section 1227(a)(1) and ineligible for cancellation of removal under 8 U.S.C. section 1154(a)(1)(A)(iii), is denied as, while it may be prudent to requrie that certain appeals to the BIA be adjudicated by a three-member panel instead of a single member acting alone, the BIA did not violate the review procedures set forth in section 1003.1(e) when a single member rendered a decision on petitioners' appeal in his discretion without referring it to a panel of three. Read more...
United States Ninth Circuit, 01/19/2011
Viridiana v. Holder, No. 06-73335
In a petition for review of the BIA's order affirming an Immigration Judge’s denial of petitioner's claims for asylum and withholding of removal, the petition is granted where petitioner's delay in filing her asylum application was due to the “extraordinary circumstance” of fraudulent deceit by an immigration consultant, and this circumstance directly related to her failure to file the application within the one-year deadline. Read more...
United States Ninth Circuit, 01/19/2011
Li v. Holder, No. 06-73365
In a petition for review of a Board of Immigration Appeals decision affirming an immigration judge’s denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture, the petition is granted where: 1) there was a lack of substantial evidence to base adverse credibility on the finding that petitioner was not a Christian; and 2) there was a lack of substantial evidence to base adverse credibility on the finding that petitioner was evasive or inconsistent. Read more...
January 10, 2011 - January 14, 2011
United States First Circuit, 01/14/2011
Telyatitskiy v. Holder, No. 08-1774
A Ukrainian citizen's petition for review of the BIA's denial of his motion to reconsider its earlier affirmance of an IJ's removal order is dismissed where: 1) because of the limited nature of the motion to reconsider and because of his complete failure to argue the scope of relevant evidence issue to the BIA, petitioner's withholding of removal claim is not reviewable for lack of jurisdiction; and 2) judicial review of petitioner's weight-of-the-evidence argument is not permitted under section 1252. Read more...
United States Fourth Circuit, 01/11/2011
Crespo v. Holder, No. 09-2214
A Peruvian citizen's petition for review of the denial of his 8 U.S.C. section 1182(h) waiver, claiming that the BIA erred in concluding that a 1997 adjudication under Virginia Code section 18.2-251 for possession of marijuana qualifies as a "conviction" under 8 U.S.C. section 1101(a)(48)(A), is granted and remanded as, Congress listed five situations in section 1101(a)(48)(A)(i) that constitute a sufficient finding of guilt to ensure that an alien engaged in criminal behavior, and here, petitioner's adjudication under the Virginia deferral statute does not satisfy any of these conditions. Read more...
United States Fourth Circuit, 01/13/2011
Cody v. Caterisano, No. 09-2166
In an Irish national's petition for attorneys' fees under the Equal Access to Justice Act, arguing that the Government's position was not substantially justified because United States Citizenship and Immigration Services (USCIS) was required to adjudicate his application within 120 days under 8 U.S.C. section 1447(b) and 8 C.F.R. section 310.5(a), and that USCIS was obligated to accept the Navy's Form N-426 certification as conclusive evidence that he served on active-duty status, district court's denial of the request is affirmed where: 1) the district court did not abuse its discretion in deciding that the Government's position was substantially justified as the Government made reasonable arguments based on statutory interpretation and analogous cases; and 2) plaintiff's alternative argument that the district court did not sufficiently explain its reasons for finding the Government's position to be substantially justified is rejected. Read more...
United States Fifth Circuit, 01/12/2011
Demiraj v. Holder, No. 08-60991
In a petition for review of the decision of the BIA denying petitioners' applications for asylum, withholding of removal, and protection under the Convention Against Torture, the petition for review is denied where: 1) the record disclosed no evidence that petitoner would be targeted for her membership in her family as such; 2) the IJ had sufficient record evidence to conclude that the state was not "more likely than not" to acquiesce in torture and therefore also to deny relief under that treaty. Read more...
United States Sixth Circuit, 01/12/2011
US v. Ashraf, No. 09-4002
In a conviction of a Pakistani citizen on two counts of willful failure to sign travel documents that were necessary for his departure pursuant to a final order of removal entered in 2008, district court's denial of a motion for judgment of acquittal and a ruling that excluded certain proof that defendant had sought to present in his defense, is affirmed where: 1) the government's motion to dismiss is denied as defendant's appeal is not moot; 2) the district court did not abuse its discretion in denying defendant's motion for a judgment of acquittal as the government presented significant evidence on all of the elements of a 8 U.S.C. section 1253(a)(1)(B) offense; and 3) the district court did not abuse its discretion in its evidentiary rulings. Read more...
January 03, 2011 - January 07, 2011
United States Seventh Circuit, 01/06/2011
Alvarado-Fonseca v. Holder, No. 10-1917
A Mexican citizen's petition for review of the BIA's dismissal of his appeal of an IJ's deportation order on the ground that his 1984 state court conviction for armed robbery constituted an aggravated felony, is denied where: 1) because petitioner failed to exhaust his administrative remedies, his argument that Anti-Drug Abuse Act of 1988, section 7344(b) bars his deportation, cannot be considered; and 2) In light of the Supreme Court's statement in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) that, deportation "is not, in a strict sense, a criminal sanction," Padilla does not provide sufficient guidance to deviate from the long line cases establishing that statutes retroactively setting criteria for deportation do not violate the ex post facto clause. Read more...
United States Ninth Circuit, 01/03/2011
US v. Anaya-Acosta, No. 09-50610
Defendant's conviction for being an illegal alien in possession of a firearm and ammunition is affirmed where the issuance of a departure control order did not modify an alien’s immigration status and was not equivalent to being paroled into the U.S. Read more...
United States Ninth Circuit, 01/03/2011
US v. Contreras-Hernandez, No. 09-50009
Defendant's sentence for being an alien found in the United States after a previous deportation is affirmed where solicitation of murder was an "aggravated felony" for purposes of 8 U.S.C. section 1236(b)(2) and a “crime of violence” for purposes of sentencing guideline 2L1.2(b)(1)(A)(ii). Read more...
United States Ninth Circuit, 01/03/2011
Rizk v. Holder, No. 06-74213
In a petition for review of the immigration judge's (IJ) and Board of Immigration Appeals' (BIA) rejection of petitioner's asylum claim on the basis of an adverse credibility determination, the petition is granted in part where the BIA's decision did not resolve petitioner's wife's appeal. However, the petition is denied in part where the court could not say that "any reasonable adjudicator would be compelled to conclude" that petitioner was credible. Read more...
United States Ninth Circuit, 01/04/2011
Rosas-Castaneda v. Holder, No. 10-70087
In a petition for review of the BIA's denial of petitioner's application for cancellation of removal, the petition is granted where, both before and after the REAL ID Act, including at the time Sandoval-Lua was decided, the burden of proof was, is, and remains on the alien, and thus in this particular respect the REAL ID Act merely codified existing law. Read more...
United States Eleventh Circuit, 01/05/2011
Rodriguez v. U.S. Dept. of Homeland Sec., No. 09-14273
In an action challenging the denial of the renewal of plaintiff's temporary protective status in 2005 because the DHS’s Citizenship and Immigration Service (CIS) concluded that plaintiff was ineligible because of his misdemeanor convictions, judgment for defendant is affirmed where the state court accepted plaintiff's guilty plea, made a “finding of guilt,” and imposed a sentence of time served, and this satisfies section 1101(a)(48)’s definition of a formal judgment of guilt. Read more... |