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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.
OCTOBER / NOVEMBER / DECEMBER 2008
CASES DECIDED IN FEDERAL COURT IN 2013
April 29, 2013 - May 03, 2013
United States Second Circuit, 04/30/2013
Richmond v. Holder, No. 07-5656
Petition for review of a decision by the Board of Immigration Appeals, which found petitioner inadmissible because he had made a false claim to United States citizenship in order to avoid being placed in removal proceedings, is remanded for the Board to determine, in the first instance, whether this aim counts as a "purpose or benefit under . . . Federal or State law," and therefore a bar to admissibility. Read more...
United States Second Circuit, 05/03/2013
Reyes v. Holder, No. 11-1767
Petition for review of the BIA's decision that petitioner was ineligible for the Nicaraguan Adjustment and Central American Relief Act’s "special rule cancellation of removal" is granted in part, where: 1) the BIA's interpretation of 8 C.F.R. section 1240.66(b)(1) is inconsistent with the regulation; 2) as an unadmitted alien, petitioner cannot be ineligible for special rule cancellation of removal on the basis of a conviction that would make an admitted alien "deportable" under section 237 of the Immigration and Nationality Act; but 3) the matter is remanded so that the BIA may decide in the first instance any other matters that may be appropriate in determining whether to grant special rule cancellation of removal to petitioner. Read more...
United States Ninth Circuit, 04/30/2013
Friend v. Holder, No. 10-55906
Dismissal of petitioner's action for a declaratory judgment that he is a United States citizen, although he was born in the Philippine Islands, because his father was a U.S. citizen, is affirmed, where: 1) the Nationality Act of 1940 was not the law in effect at the time of petitioner's birth in 1931; and 2) the Act does not apply retroactively to petitioner. Read more...
United States Ninth Circuit, 05/03/2013
Mendoza-Alvarez v. Holder, No. 08-74386
Petition for review of the BIA decision denying withholding of removal to petitioner because petitioner failed to establish that he was a member of a protected social group or that he would more likely than not be persecuted on that basis is denied, where: 1) petitioner's proposed social group, which petitioner describes as consisting of disabled persons or all insulin-dependent diabetics or all insulin dependent diabetics who suffer from mental illness, does not qualify as a protected social group because it lacks sufficient particularity; and 2) substantial evidence supports the BIA's determination that petitioner failed to show that if he returned to Mexico, he will be persecuted because of his membership in a particular social group. Read more...
April 22, 2013 - April 26, 2013
United States Supreme Court, 04/23/2013
Moncrieffe v. Holder, No. 11-702
If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act, and the contrary judgment of the Court of Appeals for the Fifth Circuit is reversed and remanded. Read more...
United States First Circuit, 04/22/2013
Liu v. Holder, No. 12-1464
Petition for review of a BIA decision finding petitioner removable under the Immigration and Nationality Act and denying petitioner's applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied, where: 1) substantial evidence supported the Immigration Judge's (IJ) finding, adopted by the BIA, that petitioner lacked credibility in asserting that officials hit him and that he went into hiding following his wife's forced abortion; 2) the IJ had an ample basis for concluding that petitioner was not a sincere adherent of Falun Gong; and 3) petitioner does not explain why it is "more likely than not" that he would be tortured, as CAT protection requires. Read more...
United States Second Circuit, 04/22/2013
Santana v. Holder, No. 10-2307
Attempted arson in the second degree is a "crime of violence" and therefore an "aggravated felony," under the Immigration and Nationality Act, and thus, the petition for review of a BIA decision finding petitioner removable and ineligible for cancellation of removal on that basis is dismissed. Read more...
United States Third Circuit, 04/22/2013
Sylvain v. Attorney General of the US, No. 11-3357
Immigration officials do not lose authority to impose mandatory detention under 8 U.S.C. section 1226(c)(1) on deportable aliens who have committed various crimes, if they fail to do so immediately when the alien is released from detention for those crimes, and therefore, the district court's conclusion to the contrary is reversed, and petitioner is subject to mandatory detention. Read more...
United States Fourth Circuit, 04/24/2013
Suarez-Valenzuela v. Holder, No. 12-1019
The Board of Immigration Appeals (BIA) properly denied petitioner withholding of removal, where: 1) the BIA's decision conforms to the willful blindness standard; and 2) substantial evidence supported the BIA's decision. Read more...
United States Ninth Circuit, 04/25/2013
Mondaca-Vega v. Holder, No. 03-71369
Petition for review of the district court's finding that petitioner is not a United States citizen is denied, where: 1) the proper standard of review of the findings of fact on petitioner's nationality claim is for clear error; 2) the district court correctly placed the burden on petitioner to prove his citizenship by a preponderance of the evidence, and then properly shifted the ultimate burden of proof to the government to prove by clear and convincing evidence that he was removable; and 3) the district court's finding that petitioner is Salvador Mondaca-Vega, who was born in Mexico and who never became a United States citizen, is not clearly erroneous under the "clear and convincing" standard of proof. Read more...
April 15, 2013 - April 19, 2013
United States Fourth Circuit, 04/18/2013
US v. Medina-Campo, No. 12-4402
The district court did not abuse its discretion in calculating defendant's 50 month sentence for illegal entry after deportation under the federal Sentencing Guidelines, where his prior Oregon felony of unlawful delivery of a controlled substance, even if defendant engaged only in solicitation, is a drug trafficking offense for the purpose of applying the sixteen-level enhancement. Read more...
United States Ninth Circuit, 04/17/2013
Rodriguez v. Robbins, No. 12-56734
The district court properly granted a preliminary injunction to a certified class of non-citizens who challenged their prolonged detentions, requiring the government to identify those detained as certain criminal or terrorist aliens under 8 USC section 1226(c) or arriving aliens under section 1225(b), and to provide each with an individualized bond hearing, where: 1) petitioners were likely to succeed on the merits of their claim that section 1225(b) must be construed to authorize only six months of mandatory detention, after which detention is authorized by section 1226(a) and a bond hearing is required; 2) the preliminary injunction is necessary to ensure that individuals whom the government could not prove constitute a flight risk or danger to public safety are not needlessly detained, and therefore, petitioners clearly showed a risk of irreparable harm; 3) the balance of equities favors petitioners; and 4) the public interest benefits from a preliminary injunction that ensures that federal statutes are construed and implemented in a manner that avoids serious constitutional questions. Read more...
United States Ninth Circuit, 04/18/2013
US v. Anguiano-Morfin, No. 11-50376
Conviction for making a false claim of citizenship where defendant's sole defense at trial was that he suffered from a delusion that caused him genuinely to believe that he was a United States citizen, is affirmed: 1) the willfulness element of 18 USC section 911 requires that the defendant know that the representation is false; but 2) the instruction given to the jury was adequate under the circumstances because a "misrepresentation deliberately made" suggests a knowing falsehood; and 3) defendant did not show plain error with regard to the prosecutor asking the defendant's expert witness, a doctor, to comment on the defendant's veracity, because, given that the witness had found defendant to be truthful as part of the basis for his diagnosis, questions on this subject were arguably proper. Read more...
April 08, 2013 - April 12, 2013
United States Ninth Circuit, 04/10/2013
Blandino-Medina v. Holder, No. 11-72081
In appeal of two BIA decisions: 1) the petition is not moot despite petitioner's removal, because the removal has the collateral consequence of rending petitioner inadmissible; 2) the BIA's decision concerning withholding of removal pursuant to the Convention Against Torture is affirmed, where substantial evidence supported the BIA's determination that petitioner failed to establish a clear probability that he would be tortured if returned to Nicaragua; and 3) the BIA's holding that petitioner's conviction for lewd and lascivious acts with a child under the age of 14, is a per se particularly serious crime precluding withholding of removal relief is vacated, because under the statute only aggravated felonies for which the alien was sentenced to at least five years' imprisonment is per se particularly serious, but the issue is remanded for the BIA to determine, using a case-specific analysis, whether petitioner's conviction was for a particularly serious crime. Read more...
United States Ninth Circuit, 04/10/2013
Romero-Ochoa v. Holder, No. 08-74277
The BIA properly denied petitioner cancellation of removal for failure to demonstrate good moral character, due to his conviction and period of incarceration for vehicular manslaughter where: 1) plausible reasons support 8 USC section 1101(f)(7)'s conclusive presumption that an individual lacks good moral character based on a period of incarceration rather than on the nature of the criminal conduct where Congress rationally concluded that most aliens convicted of crimes warranting at least six months of incarceration lack the good moral character to warrant discretionary relief from removal; and 2) section 1101(f)(7)'s reliance on periods of incarceration generated by state sentencing regimes that are not uniform in operation did not violate equal protection principles. Read more...
United States Ninth Circuit, 04/10/2013
Cui v. Holder, No. 08-72936
The BIA properly found petitioner not credible and denied him asylum, withholding of removal, and relief under the Convention against Torture, where: 1) substantial evidence supported the adverse credibility determination; and 2) this determination goes to the heart of petitioner's claim that he feared persecution on account of his practice of Da Zang Gong. Read more...
April 01, 2013 - April 05, 2013
United States Ninth Circuit, 04/01/2013
US v. Reyes-Ceja, No. 11-50167
The Sentencing Guidelines enhancement for being under a criminal justice sentence may be applied to a deportee "found in" the United States, in violation of 8 USC section 1326, while he was imprisoned. Read more... United States Ninth Circuit, 04/02/2013
Ceron v. Holder, No. 08-70836
Petition to review the BIA's decision finding petitioner's conviction for assault with a deadly weapon in violation of California Penal Code section 245(a)(1) constituted a crime involving moral turpitude (CIMT), is denied where the court's holding in Gonzalez v. Barber, that section 245 is a categorical CIMT, remains good law. Read more...
March 25, 2013 - March 29, 2013
United States First Circuit, 03/26/2013
Reynoso v. Holder, No. 11-2136
Petition for review is denied, where: 1) the BIA's conclusion that petitioner did not carry her burden of establishing that she had married her first husband in good faith is supported by substantial evidence, and thus, the decision denying her petition to remove the conditions on her residency must stand; 2) there was no legal error in the BIA's conclusion that petitioner is subject to a mandatory bar to a finding of good moral character on the basis of false testimony in her immigration proceedings; and 3) there was no error in denying petitioner's application for cancellation of removal. Read more... United States Ninth Circuit, 03/26/2013
Lim v. Holder, No. 09-70042
Petition for review of a BIA decision ordering petitioner's removal for violating his student visa is denied, where: 1) petitioner did not qualify for the continuous presence exception available to aliens who served in active duty in the United States Armed Forces, under 8 U.S.C. section 1229b(d)(3), because he was absent from this country while completing mandatory military service in the South Korean armed forces; and 2) Congress had a rational basis for limiting the exception to aliens serving in the U.S. military. Read more... United States Ninth Circuit, 03/29/2013
Gonzales v. US Dept. of Homeland Security, No. 08-35174
District court's judgment and orders denying plaintiffs' motions to amend class certification and to file an amended complaint are vacated and remanded for reconsideration of plaintiffs' motions to amend to add a challenge to the retroactive application of Duran Gonzales I (which held that plaintiffs were ineligible to adjust status because they were not eligible to receive waivers because the requisite ten-year period had not elapsed since they last departed from the United States), in light of the new retroactivity test set forth in the intervening en banc decision in Garfias-Rodriguez v. Holder. Read more...
March 18, 2013 - March 22, 2013
United States Ninth Circuit, 03/20/2013
Li v. Kerry, No. 11-35412
District court's dismissal of plaintiffs' complaint alleging that defendants misallocated immigrant visas to eligible applicants in the employment based third preference category (EB-3) during fiscal years 2008 and 2009 as moot, is affirmed, where: 1) plaintiffs failed to state a claim against United States Citizenship and Immigration Services; 2) the district court correctly concluded that plaintiffs' claims seeking to recapture visa numbers from past years were moot; and 3) district court did not err in dismissing the claims for prospective relief, because plaintiffs did not allege that defendants failed to take discrete actions they were legally required to take. Read more... United States Ninth Circuit, 03/22/2013
Amponsah v. Holder, No. 11-71311
Petition for review is granted where the BIA's blanket rule against recognizing state courts' nunc pro tunc adoption decrees constitutes an impermissible construction of 8 U.S.C. section 1101(b)(1)(E) under Chevron, U.S.A., Inc. v. Natural Resources Defense Council , Inc. 47 U.S. 837, 843 (1984) where: 1) the BIA's interpretation is unreasonable because it gives little or no weight to the federal policy of keeping families together, fails to afford deference to valid state court judgments in an area of law -- domestic relations -- that is primarily a matter of state concern and addresses the possibility of immigration fraud through a sweeping blanket rule rather than considering the validity of nunc pro tunc adoption decrees on a case-by-case basis; and 2) the BIA's determination that petitioner engaged in marriage fraud violated her rights to due process of law. Read more...
March 11, 2013 - March 15, 2013
United States Ninth Circuit, 03/14/2013
Mamigonian v. Biggs, No. 11-15398
The district court properly dismissed petitioner's immigration petition for lack of jurisdiction, where: 1) the REAL ID Act eliminated district court habeas jurisdiction over orders of removal; 2) there had been no final agency action by the U.S. Citizenship and Immigration Services on the two applications pending at the time she filed the petition; 3) petitioner's mandamus claim was mooted when the USCIS subsequently decided those two applications; but 4) because USCIS has since denied all of petitioner's pending applications, the district court would now have jurisdiction under the Administrative Procedure Act to hear her claim because district courts have jurisdiction to hear claims challenging final agency non-discretionary determinations respecting eligibility for the immigration benefits enumerated in 8 U.S.C. section 1252(a)(2)(B)(i), provided there is no pending removal proceeding in which the alien could seek those benefits. Read more...
United States Ninth Circuit, 03/14/2013
Mashiri v. Department of Education, No. 10-56022
District court properly denied immigrant petitioner's mandamus petition seeking to compel the defendant to issue him a Stafford Loan, where: 1) The jurisdictional question merges with the merits in these circumstances; and 2) the district court correctly dismissed the petition on the merits because when his Stafford Loan eligibility was reviewed, he did not provide any evidence that he was "in the United States for other than a temporary purpose," as required to receive a Federal Family Education Loan Program loan. Read more...
March 04, 2013 - March 08, 2013
United States Fourth Circuit, 03/07/2013
US v. Rangel-Castaneda, No. 12-4408
Because Tennessee’s statutory rape provision sets the age of consent at eighteen and is therefore significantly broader than the generic offense, a conviction thereunder does not categorically qualify for the crime-of-violence enhancement, and therefore the district court erred in imposing a crime of violence sentencing enhancement to defendant's conviction of illegally entering or staying in the country and the case is remanded for resentencing. Read more...
United States Ninth Circuit, 03/08/2013
Gonzalez-Cervantes v. Holder, No. 10-72781
Petitions for review of the Board of Immigration Appeals' decisions are denied, where the BIA did not err in holding that there was no “realistic probability” that California would apply California Penal Code section 243.4(e), misdemeanor sexual battery, to conduct falling outside the generic federal definition of moral turpitude. Read more...
February 25, 2013 - March 01, 2013
United States Ninth Circuit, 02/28/2013
Tamayo-Tamayo v. Holder, No. 08-74005
Petition for review of the government's reinstatement of petitioner's prior order of removal, following his illegal reentry into the United States after having been removed, is denied, where: 1) petitioner's 1993 removal order did not supersede or otherwise invalidate his original 1989 removal order; 2) petitioner's procedurally regular, yet substantively illegal, reentry met the requirement in 8 USC 1231(a)(5) that he had "reentered the United States illegally," notwithstanding the fact that he tricked the border official into allowing him physically to enter by presenting an invalid alien registration card; and 3) petitioner cannot show prejudice from the government's decision to arrest and remove him when he showed up for his interview, so his due process claim fails. Read more...
February 18, 2013 - February 22, 2013
United States Supreme Court, 02/20/2013
Chaidez v. US, No. 11-820
Padilla v. Kentucky, which held that the Sixth Amendment requires defense attorneys to inform non-citizen clients of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review, because Padilla announced a new rule regarding whether Strickland applied to advice on deportation in the first instance, which was an unsettled question. Read more...
United States Second Circuit, 02/19/2013
Pascual v. Holder, No. 12-2798
Petitioner's New York state conviction for third- degree criminal sale of a controlled substance under N.Y. Penal Law section 220.39(1) constitutes an aggravated felony, which deprives the Court of jurisdiction to review the order of removal, so the government's motion to dismiss the petition is granted. Read more...
United States Ninth Circuit, 02/20/2013
Gasparyan v. Holder, No. 08-73613
Petition for review of the Board of Immigration Appeals' denial of petitioner's asylum application is: 1) dismissed in part, because the underlying facts were in dispute so the Court lacks jurisdiction to review the merits of the Board's determination that petitioner failed to establish extraordinary circumstances to excuse her untimely asylum application; and 2) denied in part, where the Board did not err in failing to consider the three factors set forth 8 CFR section 1208.4(a)(5), because those factors apply only after a petitioner has demonstrated extraordinary circumstances and in any event, the three factors are conjunctive and petitioner's failure to meet the first two factors is dispositive. Read more...
February 11, 2013 - February 15, 2013
United States First Circuit, 02/11/2013
Guaman-Loja v. Holder, No. 11-2253
Applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) were properly denied, where: 1) the harms petitioner suffered, even viewed collectively, were not severe or frequent enough to amount to persecution and there is insufficient evidence of future persecution; 2) even assuming that petitioner had suffered harms amounting to persecution, she adduced no evidence connecting the harassment she had experienced with government action or inaction; and 3) because petitioner has failed to demonstrate that she is eligible for asylum, her claims for withholding of removal and relief under CAT also fail. Read more...
United States Ninth Circuit, 02/13/2013
Henriquez-Rivas v. Holder, No. 09-71571
Petition for review of an asylum application is granted, where: 1) the Board of Immigration Appeals misapplied its own precedent in holding that witnesses who testify against gang members may not constitute a particular social group due to a lack of social visibility for purposes of asylum eligibility; and 2) the inquiry in applying the "social visibility" requirement is one of general social "perception" rather than of on-sight visibility. Read more...
California Court of Appeal, 02/14/2013
People v. Mbaabu, No. E055810
Trial court improperly granted defendant's motion to vacate his guilty plea on the grounds that his attorney's failure to admonish him of the mandatory immigration consequences of his plea constituted ineffective assistance of counsel, where: 1) a motion to vacate the judgment in the nature of coram nobis is not a proper vehicle for relief from a constitutional violation of the defendant's right to effective assistance of counsel; 2) even if defendant's motion was treated as a petition for writ of habeas corpus, it should have been denied as untimely and duplicative; and 3) there was no evidence from the defendant that he would have rejected the offer and gone to trial had he been properly advised of immigration consequences. Read more...
February 04, 2013 - February 08, 2013
United States Ninth Circuit, 02/06/2013
Correa-Rivera v. Holder, No. 08-72258
Petition for review is granted and matter is remanded for BIA to reopen petitioner's case and allow him to file his cancellation application on the basis of ineffective assistance of counsel, where: 1) petitioner's motion complied with the requirements of Matter of Lozada where it included a copy of his complaint to the California Bar against his attorney; and 2) the attorney's failure to file petitioner's cancellation application prevented him from reasonably presenting his case, and he was prejudiced by the lawyer's ineffective assistance. Read more...
January 28, 2013 - February 01, 2013
United States First Circuit, 02/01/2013
Patel v. Holder, No. 12-1349
Petition for review is granted and the matter is remanded, where there was inadequate support in the record for the BIA ruling that petitioner was removable on the basis that his conviction of conspiracy-to-commit-larceny, stemming from a scheme in which petitioner stole from the dorm rooms of his college classmates, was a crime of moral turpitude. Read more...
United States Fourth Circuit, 01/31/2013
Mondragon v. Holder, No. 11-2133
Petitions for review is denied, where: 1) the BIA's application of the modified categorical approach was appropriate to determine if petitioner was eligible for discretionary relief from his removal under the Nicaraguan Adjustment and Central American Relief Act; 2) the BIA correctly concluded that petitioner failed to carry his burden to show that his conviction was not a crime of violence; and 3) application of the statue defining "aggravated felony" retroactively did not violate petitioner's due process rights. Read more...
United States Ninth Circuit, 01/29/2013
Barragan-Lopez v. Holder, No. 06-74884
False imprisonment is a categorical crime of violence under 18 USC section 16(b), because it involves a substantial risk that force may be used, and petitioner was thus removable as an aggravated felon. Read more...
United States Ninth Circuit, 01/28/2013
Carrillo de Palacios v. Holder, No. 09-72059
Petitioner was not eligible to adjust her status to that of a lawful permanent resident, where: 1) she was inadmissible under 8 USC 1182(a)(9)(C)(i), because after she was ordered removed she returned to the United States without being admitted; 2) the agency's statutory interpretation of this statute applies retroactively; and 3) she did not qualify for the exception to inadmissibility in section 1182(a)(9)(C)(ii), which requires that an alien obtain permission to apply for readmission from outside the United States after ten years have lapsed from the date of her last departure. (Second Superseding Opinion) Read more...
United States Ninth Circuit, 02/01/2013
Lopez-Vasquez v. Holder, No. 08-71950
Petitions for review of BIA decision denying request for adjustment of status and to reopen case are denied, where petitioner failed to carry his burden to prove that he was entitled to relief under the Federal First Offender Act, as he was unable to establish that the state court changed his felony conviction for possession of marijuana for sale to a misdemeanor. Read more...
January 21, 2013 - January 25, 2013
United States Fourth Circuit, 01/25/2013
Patel v. Napolitano, No. 11-6386
In action by federal inmate under 8 USC section 1503(a) of the Immigration and Nationality Act for a judgment declaring him a United States national, district court's dismissal is affirmed, where plaintiff does not claim to be a United States national under the BIA's interpretation of 8 USC 1101(a)(22), that the statute does not confer nationality on aliens who claim only to owe permanent allegiance to the United States. Read more...
January 14, 2013 - January 18, 2013
United States First Circuit, 01/17/2013
Khattak v. Holder, No. 12-1144
Petition for review Board of Immigration Appeals' denial of petitioners' application for asylum is granted, the BIA order is vacated and the case is remanded, where: 1) a reversal is not appropriate where the evidence at least admits the possibility of a conclusion in accord with the BIA's; however, 2) remand is appropriate where neither the IJ or the BIA has presented a reasoned analysis of the evidence as a whole. Read more...
United States Second Circuit, 01/15/2013
Shabaj v. Holder, No. 12-703
In immigration appeal, judgment dismissing complaint is affirmed, where the district properly concluded that it lacked jurisdiction to review the United States Citizenship and Immigration Services' discretionary decision to deny plaintiff's application for a waiver of inadmissibility under the Immigration and Nationality Act because judicial review of such decisions is available only for "constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals." Read more...
United States Ninth Circuit, 01/15/2013
US v. Mendoza, No. 11-30127
In government's appeal from the dismissal of an indictment charging defendant with illegal reentry after removal, judgment is reversed and remanded, where defendant's underlying removal proceeding was consistent with due process because he was correctly informed that he was ineligible for discretionary relief from removal under the applicable law at the time of his removal hearing. Read more...
United States Ninth Circuit, 01/17/2013
US v. Gallegos-Galindo, No. 12-10000
In appeal of sentence for illegal reentry, where the district court concluded that the defendant's 2008 conviction for third-degree rape qualified as a "forcible sex offense" supporting a 16-level crime-of-violence enhancement under the Sentencing Guidelines, judgment is affirmed, where the district court did not err in concluding that the prior conviction was a crime of violence. Read more...
United States Ninth Circuit, 01/18/2013
Alphonsus v. Holder, No. 10-73928
Petition for review of the Board of Immigration Appeals' denial of an application for withholding of removal and protection is: 1) granted in part where the Board abused its discretion in concluding that petitioner's conviction for resisting arrest, constituted a particularly serious crime, and the petition is remanded for an adequate explanation of this issue; and 2) denied in part where petitioner failed to establish a clear probability of torture in Bangladesh due to his Christian religion, and he is therefore ineligible for deferral of removal under the Convention Against Torture. Read more...
January 07, 2013 - January 11, 2013
United States First Circuit, 01/07/2013
Bead v. Holder, No. 12-1434
In appeal of BIA ruling denying petitioner's motion to reopen removal proceedings after three years and failure to submit requested fingerprints, petition for review is denied, where: 1) it is yet to be decided whether the BIA has either the authority or the obligation to apply equitable tolling in the immigration context; however, 2) even if available, the BIA did not abuse its discretion in finding that petitioner had not diligently pursued his rights; and 3) the remainder of petitioner's arguments on appeal were not properly raised before the BIA. Read more...
United States Ninth Circuit, 01/09/2013
Castrijon-Garcia v. Holder, No. 09-73756
In petition for review of BIA decision holding that his conviction for simple kidnapping under is categorically a crime involving moral turpitude making him statutorily ineligible for cancellation of removal, the petition is granted and the case is remanded to the BIA for further proceedings, where simple kidnapping under California Penal Code section 207(a) is not categorically a crime involving moral turpitude because it does not require an intent to injure, actual injury, or a special class of victims. Read more...
December 31, 2012 - January 04, 2013
United States First Circuit, 01/02/2013
Wu v. Holder, No. 12-1133
In petition for review of the Board of Immigrations Appeals' (BIA) dismissal of petitioner's application for adjustment of status, the petition is denied, where there was sufficient evidentiary support for the BIA's conclusion that the petitioner's application was not "properly filed" and "approvable" by April 30, 2001, as the statute requires. Read more...
United States First Circuit, 01/04/2013
Lopez v. Holder, No. 12-1121
BIA's denial of motion to reconsider decision denying withholding of removal is affirmed, where alien may not proffer as the basis for a motion to reconsider a ground for relief, which though previously available, was not previously asserted. Read more...
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