NEWSLETTER

Here are back issues of our newsletter, which can also be found in the law libraries of immigration detention centers across the US. (downloadable as MS Word files)

Volume 1.doc
Volume 2.doc
Volume 3.doc

 

CASES DECIDED IN FEDERAL COURT

Here are some of the cases which were decided in Federal Court between 4/16/07 and 4/20/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals, April 19, 2007
Alsamhouri v. Gonzales, No. 05-2800
Petition for review of a final order of removal is denied where the denial of a request for a continuance to give petitioner additional time to file an application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) was not an abuse of discretion given the IJ's amply supported findings that petitioner understood the filing deadline but failed to diligently proceed with the application. Read more...

U.S. 1st Circuit Court of Appeals, April 19, 2007
Raza v. Gonzales, No. 06-1672
Petition for review of a BIA decision denying petitioner's motion to reopen a removal proceeding is denied where the BIA's ruling that the motion was numerically and temporally barred contained no abuse of discretion or error of any kind. Read more...

U.S. 2nd Circuit Court of Appeals, April 16, 2007
Elkimya v. Dep't of Homeland Sec., No. 05-2984
Motion for bail pending petition for review of BIA's decision affirming IJ's order of removal is denied as petitioner has failed to demonstrate the requisite "extraordinary circumstances" under Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001). Read more...

U.S. 2nd Circuit Court of Appeals, April 19, 2007
Wang v. Dep't of Homeland Sec., No. 06-3298
Habeas petition under 28 U.S.C. section 2241 challenging final order of removal, and filed more than a year after section 106 of the REAL ID Act of 2005 foreclosed the use of habeas corpus to review removal orders, is dismissed as: 1) transfer to the court of appeals was not available under the REAL ID Act because the petition was not pending when the Act became effective; 2) transfer was impermissible since the petition was untimely; 3) petitioner has alleged no facts that would make dismissal constitutionally suspect; and 4) since district courts may no longer review removal orders via habeas corpus, the case cannot be transferred back to the district court. Read more...

U.S. 5th Circuit Court of Appeals, April 16, 2007
Galvez-Vergara v. Gonzales, No. 04-60729
Petitions for review of a denial of petitioner's motion to reopen his removal proceedings after he was ordered removed in absentia is granted where the BIA abused its discretion in failing to address applicable precedent on a claim that the advice of an attorney not to appear at an immigration proceeding constituted an exceptional circumstance beyond the alien's control. Read more...

U.S. 5th Circuit Court of Appeals, April 17, 2007
US v. Sanchez, No. 06-20193
A sentence for conspiracy to transport undocumented aliens within the U.S. is vacated pursuant to the government's claim of error where the sentence unreasonably failed to reflect the statutory sentencing factors set forth in 18 U.S.C. section 3553(a). Read more...

U.S. 5th Circuit Court of Appeals, April 18, 2007
US v. Hernandez-Martinez, No. 06-40271
A revocation sentence is affirmed over a claim that defendant was impermissibly sentenced for an uncharged illegal reentry rather than for his underlying drug offense. Under plain error review, defendant could not establish that the district court used an improper sentencing consideration. Read more...

U.S. 6th Circuit Court of Appeals, April 19, 2007
Sarr v. Gonzales, No. 05-4558
Petition for review of a denial of petitioner's requests for asylum, withholding of removal, and related relief is denied over claims that: 1) he proved by sufficient evidence that he had suffered past persecution in Senegal and that country conditions have not changed sufficiently to alleviate the threat of future persecution if he were to be returned there; and 2) he was denied due process by an IJ's adverse credibility finding and by the BIA's refusal to adjudicate certain of his requests for relief. Read more...

U.S. 7th Circuit Court of Appeals, April 17, 2007
Doe v. Gonzales, No. 03-3671
Petition for review of the denial of a former El Salvadoran soldier's asylum application is granted and the denial vacated and remanded where: 1) petitioner's mere presence during an act of persecution did not constitute assistance in the act; 2) petitioner's attempts to cover-up the persecution did not amount to participation in the persecution; 3) the legitimacy of petitioner's conviction for the persecution could be reviewed in his immigration proceeding since the trial that produced the conviction was a travesty of justice; and 4) the immigration judge disregarded all evidence of petitioner's fear of persecution upon return to El Salvador. Read more...

U.S. 8th Circuit Court of Appeals, April 17, 2007
Alvarado v. Gonzales, No. 06-1034
A petition for review of a decision finding petitioner removable and statutorily ineligible for cancellation of removal is denied as he was convicted of possession of firearms and ammunition by an unlawful user of a controlled substance under 18 U.S.C. Sec. 922(g)(3), and thus, he was an aggravated felon for purposes of removal and cancellation of removal, despite the alleged sporting purpose of the guns at issue. Read more...

Here are some of the cases which were decided in Federal Court between 4/9/07 and 4/13/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals, April 13, 2007
Elkimya v. Department of Homeland Sec., No. 05-2984
Motion for bail pending consideration of petition for review of a BIA decision affirming order of removal is denied as petitioner has failed to demonstrate the requisite extraordinary circumstances for bail pending consideration of petition for review. Read more...

U.S. 3rd Circuit Court of Appeals, April 09, 2007
Shehu v. Attorney Gen. of the US, No. 05-5072
Petition for review of a denial of Albanian citizen's application for asylum and related relief is denied where although the circuit court has jurisdiction to review the BIA's denial of a Visa Waiver Program (VWP) applicant's petition for asylum, withholding of removal, and relief under the CAT, the evidence supported the findings underlying the denial of relief for petitioner. Read more...

U.S. 3rd Circuit Court of Appeals, April 11, 2007
Jarbough v. Attorney Gen. of the US, No. 06-1081
A petition for review of a denial of Syrian citizen's application for asylum and related relief is dismissed in part, and denied in part where: 1) the circuit court lacked jurisdiction to review his claim that extraordinary circumstances excused the late filing of his asylum application; 2) substantial evidence supported the BIA's denial of withholding of removal; and 3) an IJ's rulings and conduct did not violate the Due Process Clause. Read more...

U.S. 3rd Circuit Court of Appeals, April 13, 2007
Chukwu v. Attorney Gen. of the US, No. 05-4068
Nigerian citizen's petition for review of a denial of asylum and related relief is granted and the matter remanded where an IJ erred in making an adverse credibility finding as he failed to take into account record evidence that explained many of the discrepancies on which the adverse finding was based, and the IJ did not determine whether it was reasonable to expect petitioner to produce corroboration of the facts which the IJ found should have been corroborated. Read more...

U.S. 7th Circuit Court of Appeals, April 11, 2007
Hoosier Care, Inc. v. Chertoff, No. 06-3562
Denial of petition for classification of two aliens as eligible for "employer-based" immigration is reversed where the Department of Homeland Security (DHS) erroneously determined that the minimum qualifications for the open positions were not appropriate. Such a determination is the responsibility of the Department of Labor, and DHS is limited to determining whether or not an applicant meets the minimum qualifications. Read more...

U.S. 7th Circuit Court of Appeals, April 13, 2007
Fonseca-Sanchez v. Gonzales, No. 06-2387
Petition for review of Citizenship and Immigration Service denial of interim relief under the "U" visa statute is dismissed for lack of jurisdiction where petitioner failed to exhaust her administrative remedies by not claiming a right to interim "U" visa relief prior to Immigration and Customs Enforcement's issuance of a Final Administrative Removal Order. Read more...

U.S. 8th Circuit Court of Appeals, April 12, 2007
Xiong v. Gonzales, No. 06-2007
An alien who enters the U.S. as a refugee, subsequently adjusts his status to a permanent lawful resident, and is thereafter convicted of an aggravated felony or a crime of moral turpitude may be placed in removal proceedings, even though his refugee status was never terminated. Read more...

U.S. 11th Circuit Court of Appeals, April 10, 2007
Usmani v. US Attorney Gen., No. 06-13843
Petition for review of a denial of adjustment of status is denied where the Attorney General has the discretion to deny adjustment of status even where the applicant is statutorily eligible for adjustment. Read more...

Here are some of the cases which were decided in Federal Court between 4/2/07 and 4/6/07 which affect immigration law.

U.S. 5th Circuit Court of Appeals, April 05, 2007
Soriano v. Gonzales, No. 06-60537
Any alien seeking admission to the U.S. who participates in a scheme to aid other aliens in an illegal entry is inadmissible under the language of 8 U.S.C. section 1182, regardless of whether the assisting individual was present at the border crossing. A petition for review of a decision holding petitioner inadmissible to the U.S. as an alien smuggler under the Immigration and Nationality Act is denied over claims that the BIA based its holding on an erroneous interpretation of the statute and that the holding was not supported by substantial evidence. Read more...

U.S. 6th Circuit Court of Appeals, April 05, 2007
Tapia-Martinez v. Gonzales, No. 05-4413
Petition for review of a denial of petitioner's second motion to reopen her removal proceedings is denied where: 1) the BIA did not abuse its discretion in denying petitioner's second motion to reopen as numerically barred; 2) whether or not equitable tolling applies to numerical limitations on motions to reopen, petitioner failed to establish due diligence in pursuing a complaint against either her former or current counsel; 3) she is statutorily ineligible for cancellation of removal, adjustment of status, and voluntary departure; and 4) the BIA properly exercised its single-member review provision. Read more...

U.S. 7th Circuit Court of Appeals, April 02, 2007
Floroiu v. Gonzales, No. 06-1333
Denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture is reversed where the IJ departed from its judicial role and manifested a clear bias against the petitioners that constituted a denial of due process. Read more...

U.S. 7th Circuit Court of Appeals, April 05, 2007
Skorusa v. Gonzales, No. 06-2719
Petition for review of a denial of application for adjustment of status is denied where the IJ did not violate petitioner's statutory rights under the Immigration and Nationality Act ("INA") or his constitutional right to due process by not granting a continuance to obtain evidence in the possession of the FBI. Read more...

U.S. 7th Circuit Court of Appeals, April 06, 2007
Gebreeyesus v. Gonzales, No. 06-2407
Petition for review of a denial of a motion to reopen claims for asylum, withholding of removal, and relief under the Convention Against Torture is granted where the BIA did not consider petitioner's evidence and did not explain why her new evidence was insufficient to change the outcome of the proceedings. Read more...

U.S. 8th Circuit Court of Appeals, April 02, 2007
Tostado v. Carlson, No. 05-1053
An order denying petitioner's application for cancellation of removal is reversed where, based on the recent decision in Lopez v. Gonzalez, 127 S.Ct. 625 (2006), his state-law convictions for possession of marijuana and cocaine were not aggravated felonies for purposes of the Immigration and Naturalization Act (INA). Read more...

U.S. 8th Circuit Court of Appeals, April 02, 2007
Shahinaj v. Gonzales, No. 06-1573
Petition for review of a denial of Albanian citizen's application for asylum and related relief is granted, and the decision vacated, where the IJ's credibility findings, adopted and modified by the BIA, were not supported by the record. Read more...

U.S. 8th Circuit Court of Appeals, April 02, 2007
Poniman v. Gonzales, No. 06-2145
Petition for review of a decision denying petitioner's motion to reopen his removal proceedings on the basis of new, previously unavailable evidence regarding changed conditions in Indonesia is denied where the BIA did not abuse its discretion in denying the motion as the new evidence presented did not show that relocation within Indonesia would be unreasonable. Read more...

U.S. 8th Circuit Court of Appeals, April 02, 2007
Kebede v. Gonzales, No. 06-2172
Petition for review of denial of Ethiopian mother and son's application for asylum and related relief is denied where the BIA did not err in finding that petitioners had failed to establish either past persecution or a well-founded fear of future persecution. Read more...

U.S. 10th Circuit Court of Appeals, April 03, 2007
Torres de la Cruz v. Maurer, No. 06-9515
A petition for review challenging a removal order is dismissed in part for lack of jurisdiction, and denied in part over meritless claims that: 1) the immigration court's interpretation of 8 U.S.C. section 1229b(d)(1), the so-called "stop-time" rule, violated his right to due process and equal protection; and 2) his removal proceedings violated the Vienna Convention and an INS regulation on consular notification rights. Read more...

Here are some of the cases which were decided in Federal Court between 3/19/07 and 3/23/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Gao vs Gonzales (03/20/07 - No. 05-5013)
Petition for review of denial of motion to reopen removal proceedings is dismissed under the fugitive disentitlement doctrine as petitioner's continued failure to surrender to immigration officials renders him a fugitive from justice.
http://caselaw.lp.findlaw.com/data2/circs/2nd/055013p.pdf

Lewis v. Gonzales (03/23/07 - No. 05-1677)
Order concluding that petitioner, who was removable on account of his conviction for a controlled substance offense, neither derived citizenship from his naturalized father nor merited cancellation of removal is upheld where: 1) 8 U.S.C. section 1432(a)(3) (repealed 2000) requires the parents of a legitimated alien child to effect a "legal separation" – even when the parents never were married in the first place – before the child may derive automatic citizenship from either of his parents individually; 2) petitioner's parents did not effect any such separation; and 3) the court lacks jurisdiction to review the denial of cancellation of removal, and petitioner waived his argument that his felony marijuana offense is not a controlled substance offense.
http://caselaw.lp.findlaw.com/data2/circs/2nd/051677p.pdf

U.S. 4th Circuit Court of Appeals

Mbea v. Gonzales (03/22/07 - No. 05-1204)
In case involving citizen of Cameroon and permanent resident of U.S., petition for review challenging finding that petitioner is subject to removal as he was twice convicted of crimes involving moral turpitude, in the form of arson and destruction of property, is denied where the malicious burning of property is a crime of violence and, thus, petitioner's arson conviction is an aggravated felony which renders him statutorily ineligible for cancellation of removal and for a hardship waiver.
http://caselaw.lp.findlaw.com/data2/circs/4th/051204p.pdf

U.S. 5th Circuit Court of Appeals

Gao v. Gonzales (03/19/07 - No. 05-60518)
Petition for review of a decision finding petitioner ineligible to apply for relief under former section 212(c) of the INA is affirmed where there was no error in a finding that one of petitioner's crimes, the unauthorized use of a motor vehicle, lacks a comparable ground of inadmissability under INA section 212(a).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560518cv0p.pdf

Brieva-Perez v. Gonzales (03/19/07 - No. 05-60639)
A petition for review of a decision holding that petitioner's crime of unauthorized use of a vehicle constituted a crime of violence rendering him removable and that he was ineligible for a statutory waiver is denied where petitioner was deportable for having committed an aggravated felony and was not eligible for a section 212(c) waiver.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560639cv0p.pdf

Avilez-Granados v. Gonzales (03/19/07 - No. 05-61165)
Petition for review of a decision holding that petitioner is ineligible to apply for discretionary relief under section 212(c) of the INA is denied as to the section 212(c) claim, but the matter is remanded to the BIA for further proceedings since petitioner was not given an opportunity to apply for an adjustment of status based on his marriage to an American citizen.
http://caselaw.lp.findlaw.com/data2/circs/5th/0561165cv0p.pdf

U.S. 8th Circuit Court of Appeals

Nabulwala v. Gonzales (03/21/07 - No. 05-4128)
A Ugandan citizen's petition for review of a denial of asylum and related relief, based on alleged persecution on account of her homosexuality, is granted where: 1) an IJ erred in concluding that to qualify for asylum, petitioner had to demonstrate persecution at the hands of government officials; and 2) no proper finding was made as to whether the government was unable or unwilling to control persons who had harmed, or would harm petitioner.
http://caselaw.lp.findlaw.com/data2/circs/8th/054128p.pdf

U.S. 9th Circuit Court of Appeals

US v. Latu (03/19/07 - No. 05-10815)
A conviction for two counts of illegal possession of a firearm is affirmed in part but reversed in part where: 1) 18 U.S.C. section 922(g)(5)(A) is constitutional under the Commerce Clause and was properly applied in defendant's case; but 2) a conviction for violating section 922(g)(5)(B) is reversed pursuant to the government's confession of error.
http://caselaw.lp.findlaw.com/data2/circs/9th/0510815p.pdf

US v. Nasser (03/20/07 - No. 05-10466)
A conviction and sentence for knowingly transporting an illegal alien is affirmed where: 1) the district court correctly denied a motion to suppress evidence resulting from an alleged stop of defendant's vehicle because there was no stop for purposes of Fourth Amendment analysis; and 2) the sentence imposed was not unreasonable.
http://caselaw.lp.findlaw.com/data2/circs/9th/0510466p.pdf

Ochoa-Amaya v. Gonzales (03/22/07 - No. 05-74693)
A petition for review of a denial of petitioner's motion to reopen to allow consideration of his application for adjustment of status is denied where the BIA properly interpreted the relevant language of the Child Status Protection Act (CSPA) in finding that petitioner did not qualify as a child under the CSPA, and thus could not show statutory eligibility for adjustment of status. (Amended opinion)
http://caselaw.lp.findlaw.com/data2/circs/9th/0574693pv2.pdf

Here are some of the cases which were decided in Federal Court between 3/12/07 and 3/16/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Siewe v. Gonzales (03/13/07 - No. 05-6563)
Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is affirmed over claims that the IJ's adverse credibility finding is not supported by substantial evidence since the IJ erroneously resorted to speculation and conjecture when assessing the evidence, and since any inconsistencies relied upon by the IJ are immaterial and easily and reasonably explained.
http://caselaw.lp.findlaw.com/data2/circs/2nd/056563p.pdf

Sandher v. Gonzales (03/15/07 - No. 06-4262)
Habeas petition challenging conviction and transferred from district court to court of appeals under section 106 of the REAL ID Act of 2005 is dismissed as section 106 does not apply to habeas petitions challenging an alien's criminal conviction.
http://caselaw.lp.findlaw.com/data2/circs/2nd/064262p.pdf

U.S. 3rd Circuit Court of Appeals

US v. Laville (03/16/07 - No. 06-1577)
The unlawfulness of an arrest under state or local law does not make the arrest unreasonable per se under the Fourth Amendment. At most, the unlawfulness is a factor for federal courts to consider in evaluating the totality of the circumstances surrounding the arrest.
http://caselaw.lp.findlaw.com/data2/circs/3rd/061577p.pdf

U.S. 7th Circuit Court of Appeals

Adekpe v. Gonzales (03/14/07 - No. 05-3951)
Petition for review of a final order of removal to Togo is granted where the IJ failed to rationally consider petitioner's evidence of political persecution at the hands of the Togolese government as a whole.
http://caselaw.lp.findlaw.com/data2/circs/7th/053951p.pdf

Terezov v. Gonzales (03/15/07 - No. 06-2101)
Petition for review of a removal order entered in absentia is granted where significant, unexplained gaps in the administrative record existed such that the decision of the IJ, as supplemented by the opinion of the BIA, was not supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/062101p.pdf

Mungongo v. Gonzales (03/15/07 - No. 06-1635)
Petition for review of a denial of petitioner's motion to reconsider an earlier denial of a motion to reopen her removal proceedings is denied where petitioner's motion to reconsider did not present any additional legal arguments, a change of law, or an argument that was overlooked by the BIA in denying her motion to reopen.
http://caselaw.lp.findlaw.com/data2/circs/7th/061635p.pdf

Sharashidze v. Gonzales (03/16/07 - No. 06-2661)
Petition for review of termination of asylee status and denial of pending application for adjustment of status is denied where the BIA's finding that petitioner committed an aggravated felony by soliciting a sex act involving a minor was supported by substantial evidence. Petitioner's due process claim is dismissed where he did not exhaust his administrative remedies for the claim.
http://caselaw.lp.findlaw.com/data2/circs/7th/062661p.pdf

U.S. 8th Circuit Court of Appeals

Quomsieh v. Gonzales (03/15/07 - No. 05-4405)
Petition for review of a denial of Palestinian Christian family's applications for asylum and related relief is denied where: 1) petitioners failed to establish past persecution and a well-founded fear of future persecution; 2) there was no record evidence showing that petitioners would more likely than not be subjected to torture if returned; and 3) a claim regarding the IJ's denial of voluntary departure was not properly raised before the BIA, and the court lacked jurisdiction over such claim in any event.
http://caselaw.lp.findlaw.com/data2/circs/8th/054405p.pdf

U.S. 10th Circuit Court of Appeals

US v. Valenzuela-Puentes (03/15/07 - No. 04-2283)
In a prosecution for reentering the U.S. after being previously deported following a conviction for an aggravated felony, grant of government's motion to allow for involuntary medication so as to render him competent to stand trial is reversed where: 1) record did not contain evidence from which a conclusion of a substantial likelihood of restoring competency was unavoidable, and the district court provided no explanation as to whether or why it had become clearly convinced that defendant could be rendered competent through medication despite his exceptionally low IQ; and 2) it was unclear whether the district court applied the appropriate burden of proof.
http://laws.lp.findlaw.com/10th/042283.html

U.S. District of Columbia Circuit Court of Appeals

US v. Ventura (03/16/07 - No. 05-3045)
Sentence for a conviction under federal immigration laws based on guilty plea is vacated in light of Booker's changes to the sentencing regime, and since the district court may have erred.
http://caselaw.lp.findlaw.com/data2/circs/dc/053045a.pdf

California Appellate Districts

Reyes v. Van Elk, Ltd. (03/14/07 - No. B182068)
In suit alleging failure to pay prevailing wages to employees on public works projects, summary judgment for defendants is reversed where: 1) prior case law and plaintiffs' undocumented status did not prohibit them from having standing to raise their prevailing wage claim; and 2) the prevailing wage law and the post-Hoffman statutes are not preempted by the Immigration Reform and Control Act of 1986.
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2007/b182068.html
http://caselaw.lp.findlaw.com/data2/californiastatecases/b182068.pdf

Here are some of the cases which were decided in Federal Court between 3/5/07 and 3/9/07 which affect immigration law.

U.S. 3rd Circuit Court of Appeals

Atkinson v. Attorney Gen. of the US (03/08/07 - No. 05-1099)
A petition for review of a denial of immigration relief for petitioner is granted as the BIA cannot preclude petitioner from applying for a discretionary waiver under former INA section 212(c) because IIRIRA's repeal of that section cannot be applied retroactively.
http://caselaw.lp.findlaw.com/data2/circs/3rd/051099p.pdf

U.S. 5th Circuit Court of Appeals

Ghanem v. Upchurch (03/06/07 - No. 06-10499)
The decision of the Secretary of Homeland Security to revoke a visa pursuant to 8 U.S.C. section 1155 is discretionary, and thus strips the circuit court of jurisdiction to review such a decision.
http://caselaw.lp.findlaw.com/data2/circs/5th/0610499cv0p.pdf

Rico v. Flores (03/07/07 - No. 05-41719)
In an action brought by the estates of deceased illegal immigrants arising from the immigrants' deaths while stowed in a grain hopper railroad car in an attempt to pass a border checkpoint, an order finding that certain non-diverse defendants were improperly joined and denying plaintiffs' remand motion is reversed where the application of the Texas unlawful acts rule to plaintiffs' claims was too uncertain to support a finding of improper joinder.
http://caselaw.lp.findlaw.com/data2/circs/5th/0541719cv0p.pdf

U.S. 6th Circuit Court of Appeals

Hamida v. Gonzales (03/07/07 - No. 06-3134)
Petition for review of denial of Tunisian husband and wife's applications for asylum, withholding of removal, and protection under the Convention Against Torture is denied where an adverse credibility finding was supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/6th/063134p.pdf

U.S. 9th Circuit Court of Appeals

Incalza v. Fendi N. Am., Inc. (03/06/07 - No. 04-57119)
The Immigration Reform and Control Act of 1986 (IRCA) does not preempt California labor laws that forbid employers from firing an employee without good cause.
http://caselaw.lp.findlaw.com/data2/circs/9th/0457119p.pdf

U.S. 10th Circuit Court of Appeals

US v. Jarillo-Luna (03/05/07 - No. 05-4262)
A sentence for illegal reentry by a previously deported alien is affirmed over a claim, inter alia, that the district court erred by failing to consider his argument that sentencing disparities resulting from the existence of fast-track program in some districts, but not the district of Utah, justified a sentence below the range dictated by the Sentencing Guidelines.
http://laws.lp.findlaw.com/10th/054262.html

US v. Lara-Garcia (03/07/07 - No. 06-4155)
A federal agent's failure to provide a lawfully detained suspect a Miranda warning prior to inquiring about his immigration status does not require suppression of that status where fingerprint evidence subsequently confirms such status.
http://laws.lp.findlaw.com/10th/064155.html

Here are some of the cases which were decided in Federal Court between 2/26/07 and 3/2/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Uwais v. Gonzales (02/28/07 - No. 03-4697)
Denial of application for asylum and withholding of removal is vacated as the BIA applied the wrong legal standards and failed to address the complete factual record, errors central to the determination that petitioner failed to establish past persecution based on a protected ground.
http://caselaw.lp.findlaw.com/data2/circs/2nd/034697p.pdf

U.S. 3rd Circuit Court of Appeals

Lavira v. Attorney Gen. of the US (02/26/07 - No. 05-3334)
A petition for review of a denial of claims for withholding of removal under the INA and the CAT brought by wheelchair-bound, HIV-positive Haitian petitioner is granted and the matter remanded so that the IJ may squarely address petitioner's challenge to a "particularly serious crime" designation and his challenge based on the CAT involving a Haitian detention facility.
http://caselaw.lp.findlaw.com/data2/circs/3rd/053334p.pdf

U.S. 5th Circuit Court of Appeals

Abraham v. Singh (02/26/07 - No. 05-30860)
In a RICO lawsuit brought by Indian citizens who were recruited under false pretenses to become steelworkers in Louisiana, dismissal of the RICO claim is reversed where plaintiffs adequately pled a pattern of racketeering activity and stated claims under 18 U.S.C. section 1962(c) and (d).
http://caselaw.lp.findlaw.com/data2/circs/5th/0530860cv0p.pdf

U.S. 6th Circuit Court of Appeals

Alizoti v. Gonzales (02/26/07 - No. 05-4493; 06-3067)
In an asylum case, the BIA's denial of Albanian petitioner's motion to reopen and its denial of her motion to reconsider are affirmed where: 1) it was not possible to conclude that the BIA abused its discretion when it found that petitioner failed to present a prima facie case for relief in her motion to reopen; and 2) although the BIA has the discretion to waive procedural defects in the filing of motions, it did not abuse its discretion in refusing to do so with regard to the motion to reconsider.
http://caselaw.lp.findlaw.com/data2/circs/6th/054493p.pdf

U.S. 7th Circuit Court of Appeals

Johnson v. Gonzales (02/28/07 - No. 06-2281)
Petition for review of a denial of a motion to reopen and remand for consideration of petitioner's application for a waiver of deportation under now-repealed section 212(c) of the Immigration and Nationality Act is denied where: 1) petitioner did not have a liberty or property interest in a chance at wholly discretionary relief from removal, and publication of a proposed rule change gave petitioner adequate notice; 2) there was no abuse of discretion in the BIA's refusal to equitably toll the time limit for filing an application for section 212(c) relief; and 3) the rule establishing the time limit was procedural and within the Attorney General's grant of rule-making authority.
http://caselaw.lp.findlaw.com/data2/circs/7th/062281p.pdf

Kokar v. Gonzales (03/01/07 - No. 05-4641)
Petition for review of an IJ's denial of applications for asylum, withholding of removal and relief under the Convention Against Torture is denied over petitioner's arguments that: 1) the BIA failed to give adequate reasons for its decision to dismiss her appeal for procedural defects; and 2) under the circumstances presented here, the BIA's dismissal of the appeal violated due process.
http://caselaw.lp.findlaw.com/data2/circs/7th/054641p.pdf

U.S. 8th Circuit Court of Appeals

Lengkong v. Gonzales (03/01/07 - No. 06-1684)
Petition for review of a denial of asylum and related relief is denied where the decision was supported by substantial evidence, since petitioners failed to establish past persecution, and even if they did, the change in circumstances in Indonesia undermined their claim of future persecution based on their Christian faith.
http://caselaw.lp.findlaw.com/data2/circs/8th/061684p.pdf

Aziz v. Gonzales (03/01/07 - No. 06-1767)
Petition for review of a decision denying Iraqi application for asylum and related relief under the battered spouse provisions added to the Immigration and Nationality Act by the Violence Against Women Act (VAWA) is denied over claims that an IJ erred by: 1) finding her asylum petition frivolous; 2) improperly denying her asylum petition without fully considering her past persecution and well-founded fear of future persecution; 3) pretermitting and denying her application for VAWA cancellation; 4) failing to withhold removal under the INA and under the CAT; and 5) denying her due process.
http://caselaw.lp.findlaw.com/data2/circs/8th/061767p.pdf

U.S. 9th Circuit Court of Appeals

US v. Castillo-Basa (02/26/07 - No. 05-50768)
A conviction for perjury committed in connection with an illegal reentry trial is reversed where the Double Jeopardy Clause barred the government from trying a second time to attempt to show that defendant was afforded a deportation hearing at issue, and that his testimony to the contrary was untruthful.
http://caselaw.lp.findlaw.com/data2/circs/9th/0550768p.pdf

Malta-Espinoza v. Gonzales (03/02/07 - No. 04-71140)
A petition for review of an order of the BIA holding that petitioner's state-law conviction for stalking rendered him removable under applicable law is granted as the conviction for stalking did not qualify as an aggravated felony for removal purposes.
http://caselaw.lp.findlaw.com/data2/circs/9th/0471140p.pdf

U.S. 10th Circuit Court of Appeals

Zamora v. Elite Logistics, Inc. (02/26/07 - No. 04-3205)
In a suit against a former employer under Title VII alleging it discriminated against plaintiff because of his race, summary judgment for the employer is affirmed where: 1) the en banc court was evenly divided as to a claim arising from defendant's suspension of plaintiff from work until he presented documentation establishing his right to work in the U.S.; and 2) plaintiff failed to present sufficient evidence establishing a genuinely disputed issue of fact as to whether or not defendant's proffered reason for subsequently firing him, after he requested an apology, was a pretext for discrimination.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=10th&navby=case&no=043205&exact=1

US v. Portillo-Vega (02/28/07 - No. 04-4194)
A conviction and sentence for illegal re-entry after deportation is affirmed where: 1) the district court did not abuse its discretion in precluding a duress defense based on a claim that defendant returned to the U.S. after threats by Mexican Federales due to his alleged cooperation with the DEA; and 2) a Booker claim is rejected.
http://laws.lp.findlaw.com/10th/044194.html

Here are some of the cases which were decided in Federal Court between 2/19/07 and 2/23/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Eze v. Gonzales (02/23/07 - No. 04-2091)
BIA ruling that personal delivery to an alien of a notice of termination of temporary resident status satisfied 8 C.F.R. section 245a.2(u)(2)(i) is affirmed where the regulation mentions both personal delivery and certified mail as acceptable forms of service, and the alien was not prejudiced by the personal delivery.
http://laws.lp.findlaw.com/1st/042091.html

U.S. 2nd Circuit Court of Appeals

Yang v. Gonzales (02/22/07 - No. 03-4973)
Denial of application for asylum, withholding of removal and relief under the Convention Against Torture, is vacated as, by failing to give any consideration whatsoever to the findings of the Appellate Division in petitioner's counsel's disbarment proceeding, the BIA failed to give attention to matters significant enough to warrant attention.
http://caselaw.lp.findlaw.com/data2/circs/2nd/034973p.pdf

Abu-Hasirah v. Dep't of Homeland Sec. (02/22/07 - No. 04-0914)
Denial of motion to reopen proceedings for purposes of rescinding an in absentia order of removal is vacated as the petitioner's arrival at the removal proceeding 15 minutes late did not constitute a failure to appear within the meaning of 31 8 U.S.C. section 1229a(b)(5), and it was legal error for the agency to apply the in absentia statutory provisions to petitioner.
http://caselaw.lp.findlaw.com/data2/circs/2nd/040914p.pdf

U.S. 3rd Circuit Court of Appeals

Jeune v. Attorney Gen. of the US (02/20/07 - No. 05-3103)
A conviction under 35 Pa. Cons. Stat. Ann. section 780-113(a)(30) for the manufacture, delivery, or possession with intent to manufacture or deliver, of a controlled substance, without any additional facts, does not constitute an "aggravated felony" under the Immigration and Nationality Act (INA).
http://caselaw.lp.findlaw.com/data2/circs/3rd/053103p.pdf

Kibinda v. Attorney Gen. of the US (02/20/07 - No. 05-4237)
An Angolan citizen's petition for review challenging a denial of asylum and related relief is denied where substantial evidence supported an IJ's conclusion that petitioner had not established past persecution and did not have an objectively well founded fear of persecution, and the record did not compel a conclusion that petitioner was likely to be tortured if returned to Angola.
http://caselaw.lp.findlaw.com/data2/circs/3rd/054237p.pdf

U.S. 4th Circuit Court of Appeals

Perez-Vargas v. Gonzales (02/22/07 - No. 05-2313)
Order of BIA finding that an IJ lacks jurisdiction to determine whether an approved visa petition remains valid under applicable law, when the holder of the visa petition has changed employment, is vacated where this determination does lie within the jurisdiction of an IJ.
http://caselaw.lp.findlaw.com/data2/circs/4th/052313p.pdf

U.S. 6th Circuit Court of Appeals

Garcia-Flores v. Gonzales (02/23/07 - No. 05-3689)
An appeal from a denial of a motion to reopen deportation proceedings is dismissed where petitioner failed to report for removal despite a lawful order requiring him to do so while he was subject to the jurisdiction of the court, and thus dismissal was proper pursuant to the fugitive disentitlement doctrine.
http://caselaw.lp.findlaw.com/data2/circs/6th/053689p.pdf

U.S. 8th Circuit Court of Appeals

US v. Katkhordeh (02/22/07 - No. 06-1138)
Defendant's conviction for making a false statement of material fact on his visa application is affirmed where the evidence was sufficient to support the verdict.
http://caselaw.lp.findlaw.com/data2/circs/8th/061138p.pdf

US v. Torres-Villalobos (02/22/07 - No. 06-1876)
Warrants of deportation are not "testimonial" evidence that implicate the Confrontation Clause of the Sixth Amendment. A conviction for illegal reentry after deportation is affirmed over a challenge to the admission of evidence of two prior deportations, a prior conviction for illegal re-entry, warrants of deportation. Sentence is vacated as prior conviction for second-degree manslaughter was not a "crime of violence" under 18 U.S.C. section 16, or an "aggravated felony" under section 1326(b).
http://caselaw.lp.findlaw.com/data2/circs/8th/061876p.pdf

Aneyoue v. Gonzales (02/23/07 - No. 05-2924)
Petition for review of a decision by the BIA not to reconsider its prior denial of Liberian petitioner's motion to reopen her asylum case is denied where there was no abuse of discretion in the decision since, to the extent a post-hearing right to rehabilitate credibility may exist, it would not apply when an alien has more than one year's notice prior to a hearing that a document is fraudulent, and she fails to take any substantial steps to rectify or explain the alleged fraud during that time.
http://caselaw.lp.findlaw.com/data2/circs/8th/052924p.pdf

Yakovenko v. Gonzales (02/23/07 - No. 05-4123)
A petition for review of a denial of asylum and related relief is denied where: 1) the court lacked jurisdiction to review a determination that her asylum application was untimely; 2) an IJ's credibility findings were supported by specific and cogent reasons and were entitled to deference; and 3) even if petitioner had been deemed credible, her allegations of abuse by a college classmate and his accomplices failed to show it would be unsafe or unreasonable to relocate within the Ukraine.
http://caselaw.lp.findlaw.com/data2/circs/8th/054123p.pdf

Ramirez-Peyro v. Gonzales (02/23/07 - No. 06-1569)
In an asylum case claiming that if petitioner were returned to his native Mexico he would be harmed or killed in retaliation for his work as an informant for U.S. agents, a decision reversing a grant of CAT relief and ordering him removed is vacated and remanded where the BIA did not appear to apply the proper standard of review and engaged in its own factfinding.
http://caselaw.lp.findlaw.com/data2/circs/8th/061569p.pdf

U.S. 9th Circuit Court of Appeals

Ramadan v. Gonzales (02/22/07 - No. 03-74351)
In the context of asylum applications and the scope of jurisdiction under the Real ID Act to review an agency decision under 8 U.S.C. section 1158(a)(2), a federal court of appeals' jurisdiction over "questions of law" as defined in the Real ID Act includes not only "pure" issues of statutory interpretation, but also application of law to undisputed facts, or mixed questions of law and fact.
http://caselaw.lp.findlaw.com/data2/circs/9th/0374351p.pdf

US v. Cruz-Escoto (02/23/07 - No. 05-50892)
A conviction and sentence for being a deported alien found in the U.S. without permission is affirmed over claims of error regarding: 1) the sufficiency of the evidence; 2) jury instruction; 3) exclusion of testimony of an impeachment witness; 4) introduction of evidence that he twice illegally entered the U.S.; 5) a Batson claim; and 6) an impermissible increase to his sentence above the statutory maximum.
http://caselaw.lp.findlaw.com/data2/circs/9th/0550892p.pdf

U.S. 11th Circuit Court of Appeals

Martinez Ruiz v. U.S. Attorney Gen. (02/20/07 - No. 05-15875)
Denial of application for asylum and request for withholding of removal is vacated on reconsideration as to the petition for withholding of removal as petitioner's kidnapping, physical assaults, and threatening phone calls rise to the level of persecution.
http://caselaw.lp.findlaw.com/data2/circs/11th/0515875pv1.pdf

Obasohan v. U.S. Attorney Gen. (02/23/07 - No. 05-13332)
Petition for review of determination that petitioner's prior conviction qualified as an aggravated felony under Section 101(a)(43)(M)(i) of the Immigration and Nationality Act is granted as the IJ and BIA erred by relying on conduct that was not charged, proven or admitted to determine that petitioner had been convicted of an aggravated felony.
http://caselaw.lp.findlaw.com/data2/circs/11th/0513332p.pdf

Here are some of the cases which were decided in Federal Court between 2/12/07 and 2/16/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Attia v. Gonzales (02/16/07 - No. 06-1065)
Petition for review of denial of application for asylum, withholding of removal, and protection under the Convention Against Torture is denied where the IJ's conclusion that petitioner did not suffer past persecution nor show a likelihood of future persecution was supported by substantial evidence.
http://laws.lp.findlaw.com/1st/061065.html

U.S. 4th Circuit Court of Appeals

Hussain v. Gonzales (02/16/07 - No. 05-2350)
Petition for review of denial of motions to reopen and to remand is denied over claim that the BIA erred by failing to mention or address petitioner's motion to remand in the order denying relief.
http://caselaw.lp.findlaw.com/data2/circs/4th/052350p.pdf

U.S. 5th Circuit Court of Appeals

US v. Uvalle-Patricio (02/12/07 - No. 05-40309)
A conviction for possession of blank immigration permits is affirmed where: 1) the phrase "any blank permit" in the statute of conviction, includes both genuine and false immigration documents; and 2) a challenge to certain evidentiary rulings failed because defendant failed to argue, let alone establish, that any harm resulted from the rulings.
http://caselaw.lp.findlaw.com/data2/circs/5th/0540309cr0p.pdf

US v. Gunera (02/13/07 - No. 05-20544)
A conviction for illegal presence in the U.S. is reversed where, having been returned more than five years following the date defendant was "found" in the U.S., the indictment against him was barred by the statute of limitations.
http://caselaw.lp.findlaw.com/data2/circs/5th/0520544cr0p.pdf

Salazar-Regino v. Trominski (02/14/07 - No. 03-41492)
On remand from the Supreme Court, the court determines that no remand is warranted as to one petitioner judgment, but the district court's judgment as to the remainder of petitioners is vacated and remanded to the BIA for further consideration in light of Lopez v. Gonzales, 549 U.S. ___, 127 S. Ct. 625 (2006).
http://caselaw.lp.findlaw.com/data2/circs/5th/0341492cv1p.pdf

U.S. 7th Circuit Court of Appeals

Shmyhelskyy v. Gonzales (02/15/07 - No. 06-1550)
Petition for review of denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is denied where there was substantial evidence supporting the IJ's adverse credibility determination.
http://caselaw.lp.findlaw.com/data2/circs/7th/061550p.pdf

U.S. 8th Circuit Court of Appeals

Ivanov v. Gonzales (02/12/07 - No. 06-1178)
A petition for review from a denial of asylum for Georgian petitioners, who had been previously granted asylum, is granted where an IJ improperly reopened the removal proceedings and terminated their asylum based on earlier fraud, because the DHS failed to establish that the information submitted in support of its motion to reopen was not only material, but was also unavailable and undiscoverable prior to the conclusion of petitioners' removal proceedings.
http://caselaw.lp.findlaw.com/data2/circs/8th/061178p.pdf

Pavlovich v. Gonzales (02/14/07 - No. 06-1171, 06-1172)
Husband and wife's petition for review of a denial of asylum and related relief is denied where substantial evidence supported an IJ's decisions to deny asylum and withholding of removal, and to designate Russia and Latvia as countries of removal.
http://caselaw.lp.findlaw.com/data2/circs/8th/061171p.pdf

Tamenut v. Gonzales (02/15/07 - No. 05-4418)
Petition for review of a BIA order finding that former asylum applicant's motion to reopen his proceedings was untimely, and declining to exercise its discretionary power to sua sponte reopen the matter, is affirmed where: 1) there was no abuse of discretion in the BIA's declining to exercise its discretionary power to reopen as petitioner's motion raised no new or exceptional circumstances; and 2) a due process argument was without merit.
http://caselaw.lp.findlaw.com/data2/circs/8th/054418p.pdf

U.S. 9th Circuit Court of Appeals

Chaidez v. Gonzales (02/14/07 - No. 02-71966)
A petition for review of a decision precluding petitioner from proceeding with his application for relief from removal is granted where the government did not meet its burden of demonstrating by clear, unequivocal, and convincing evidence that petitioner or a responsible person at his address signed a certified mail return receipt for his Order to Show Cause (OSC), for purposes of effective service.
http://caselaw.lp.findlaw.com/data2/circs/9th/0271966p.pdf

US v. Flores-Sanchez (02/15/07 - No. 06-10026)
A conviction and sentence for illegal reentry after deportation is affirmed over claims of error regarding: 1) denial of his motion to dismiss the indictments; 2) commencement of trial one day after his first appearance on a superseding indictment; 3) use of his prior convictions for sentence enhancement purposes; and 4) alleged consideration of incorrect information at the sentencing phase.
http://caselaw.lp.findlaw.com/data2/circs/9th/0610026p.pdf

Hernandez-Gil v. Gonzales (02/16/07 - No. 04-72303)
A petition for review of a denial of petitioner's application for cancellation of removal is granted where an IJ prejudicially erred in denying petitioner's motion for a continuance and violated his statutory right to counsel by proceeding with a merits hearing without his attorney being present.
http://caselaw.lp.findlaw.com/data2/circs/9th/0472303p.pdf

Here are some of the cases which were decided in Federal Court between 2/5/07 and 2/9/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Steevenez v. Gonzales (02/06/07 - No. 06-2114)
Petition for review of BIA decision is denied as petitioner failed to exhaust his administrative remedies in failing to challenge in his brief to the BIA the IJ's determinations that he can relocate in safety should he return to Indonesia, and that he is not entitled to relief under the Convention Against Torture.
http://caselaw.lp.findlaw.com/data2/circs/2nd/062114p.pdf

U.S. 3rd Circuit Court of Appeals

Caroleo v. Gonzales (02/07/07 - No. 05-3762)
Petition for review of a decision denying petitioner's motion for a discretionary waiver of removal pursuant to section 212(c) of the Immigration and Nationality Act is denied where defendant's conviction of attempted murder was an aggravated felony "crime of violence" that has no statutory counterpart in a crime involving moral turpitude, for purposes of section 212(c) relief.
http://caselaw.lp.findlaw.com/data2/circs/3rd/053762p.pdf

U.S. 7th Circuit Court of Appeals

Sina v. Gonzales (02/07/07 - No. 05-2755)
Petition for review of denial of asylum application is denied where the IJ's adverse credibility determination was supported by substantial evidence and petitioner was unable to provide corroborating evidence after his credibility was questioned.
http://caselaw.lp.findlaw.com/data2/circs/7th/052755p.pdf

U.S. 9th Circuit Court of Appeals

Morales-Izquierdo v. Gonzales (02/06/07 - No. 03-70674)
A previously removed alien who reenters the country illegally is not entitled to a hearing before an immigration judge to determine whether to reinstate a prior removal order. The statute dealing with reinstatement of removal orders and its implementing regulation comport with due process, and 8 C.F.R. section 241.8 is a valid interpretation of the INA.
http://caselaw.lp.findlaw.com/data2/circs/9th/0370674p.pdf

Bravo-Pedroza v. Gonzales (02/06/07 - No. 03-73999)
A petition for review of a removal order is granted where the Secretary of Homeland Security is barred by res judicata from initiating a second deportation case on the basis of a charge that he could have brought in an earlier case, when, due to a change of law that occurred during the course of the first case, he lost that case.
http://caselaw.lp.findlaw.com/data2/circs/9th/0373999p.pdf

Don v. Gonzales (02/09/07 - No. 03-74431)
Denial of Sri Lankan petitioners' applications for asylum and related relief based on alleged persecution by the Tamil Tigers terrorist group and a special government terrorist unit is affirmed where substantial evidence supported an adverse credibility determination.
http://caselaw.lp.findlaw.com/data2/circs/9th/0374431p.pdf

Here are some of the cases which were decided in Federal Court between 1/29/07 and 2/2/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Zheng v. Gonzales (01/30/07 - No. 06-1655)
Petition for review of a final order of removal is denied where the IJ's determinations that the petitioner was not credible and that, even if she were credible, she had not established that she had a well-founded fear of persecution were supported by substantial evidence.
http://laws.lp.findlaw.com/1st/061655.html

U.S. 6th Circuit Court of Appeals

Randhawa v. Gonzales (01/30/07 - No. 05-3694)
In the context of removal proceedings, filing a petition for review does not toll the time limit for filing a motion for reconsideration.
http://caselaw.lp.findlaw.com/data2/circs/6th/053694p.pdf

U.S. 7th Circuit Court of Appeals

Apouviepseakoda v. Gonzales (02/02/07 - No. 05-3752)
Petition for review of denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is denied where the IJ's handling of the immigration hearing did not violate petitioner's right to due process, and an adverse credibility determination was based on sufficient evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/053752p.pdf

U.S. 8th Circuit Court of Appeals

Ntangsi v. Gonzales (01/30/07 - No. 05-4220)
Petition for review of a denial of an application for asylum is granted where: 1) the government, which had reopened the proceedings of petitioner who was previously granted asylum, was not forced to prove a ground for terminating asylum, but instead petitioner was forced to prove her asylum eligibility once again; and 2) the failure to apply the proper burden of proof in her reopened proceeding was not harmless.
http://caselaw.lp.findlaw.com/data2/circs/8th/054220p.pdf

US v. Flores-Sandoval (01/30/07 - No. 06-2257)
Denial of a motion to suppress evidence in a prosecution for illegal reentry after deportation is affirmed where: 1) an encounter between defendant and an ICE agent after defendant was released from jail was consensual, and therefore did not implicate the Fourth or Fifth Amendment; and 2) for the same reason, the statements and fingerprints were "untainted evidence" of identity, which the government could use.
http://caselaw.lp.findlaw.com/data2/circs/8th/062257p.pdf

Mohamed v. Gonzales (02/02/07 - No. 05-3357)
In proceedings challenging removal of petitioner to Somalia, petitioner's primary claim, an as-applied constitutional challenge to the REAL ID Act, is rejected as the Act provides an adequate and effective substitute for habeas review.
http://caselaw.lp.findlaw.com/data2/circs/8th/053357p.pdf

Here are some of the cases which were decided in Federal Court between 1/22/07 and 1/26/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Jiang v. Gonzales (01/23/07 - No. 06-1649)
Petition for review of denial of application for asylum, withholding of removal, or relief under the Convention Against Torture is denied where critical inconsistencies and a lack of corroborating evidence in petitioner's testimony supported the IJ's adverse credibility finding, and even if deemed credible, petitioner could not show entitlement to relief.
http://laws.lp.findlaw.com/1st/061649.html

U.S. 2nd Circuit Court of Appeals

Bhanot vs Chertoff (01/22/07 - No. 05-2904)
Petition for review of BIA denial of motion to reopen removal proceedings after a removal order was entered in absentia is denied where a presumption of receipt applied to the notice announcing a change in the date of petitioner's removal proceedings and petitioner did not present sufficient evidence to overcome the presumption of receipt.
http://caselaw.lp.findlaw.com/data2/circs/2nd/052904p.pdf

Ibragimov v. Gonzales (01/25/07 - No. 05-4771)
Petition for review of denial of motion to terminate removal proceedings and ordering petitioner removed from the U.S. is denied over claims that: 1) petitioner improperly charged with removal as an inadmissible "arriving alien" and as an "applicant for admission"; and 2) the BIA's affirmance of the IJ's decision by a single-member panel without a published opinion violated petitioner's rights to due process of law and equal protection of the laws under the Fifth Amendment.
http://caselaw.lp.findlaw.com/data2/circs/2nd/054771p.pdf

U.S. 5th Circuit Court of Appeals

Carranza-de Salinas v. Gonzales (01/24/07 - No. 05-60878)
A petition for review of a decision holding that petitioner was ineligible to apply for relief from deportation based on former section 212(c) of the Immigration and Nationality Act is granted where the BIA erred in finding her ineligible to apply for section 212(c) relief without allowing her the opportunity to demonstrate that her actual, subjective reliance on the prior state of the law caused her to delay her application.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560878cv0p.pdf

US v. Hernandez (01/24/07 - No. 05-41611)
Defendant's conviction for aiding and abetting the transportation of two illegal aliens for financial gain is affirmed where reasonable suspicion, based in part on an anonymous tip, supported the stop of her car by a roving patrol in an area close to the border and a notorious alien smuggling route.
http://caselaw.lp.findlaw.com/data2/circs/5th/0541611cr0p.pdf

U.S. 6th Circuit Court of Appeals

Sanusi v. Gonzales (01/23/07 - No. 05-3355, 05-3676)
Petitions for review of denial a motion to terminate immigration proceedings and a reconsideration motion are denied where the case was distinguishable from Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), since a state court's vacatur of petitioner's conviction was ineffective for immigration purposes because it was done solely for the purpose of ameliorating the immigration consequences to petitioner.
http://caselaw.lp.findlaw.com/data2/circs/6th/053355p.pdf

U.S. 7th Circuit Court of Appeals

Boctor v. Gonzales (01/24/07 - No. 05-2530)
Petition for review of denial of application for asylum is granted where the agency's determination that petitioner was not persecuted because of his religion was not supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/052530p.pdf

U.S. 9th Circuit Court of Appeals

Valeriano v. Gonzales (01/23/07 - No. 03-72277, 03-74754)
An alien who delays filing a motion to reopen under 8 C.F.R. section 1003.2(c)(1) while awaiting the government's response to his counsel's request to join the motion to reopen under 8 C.F.R. section 1003.2(c)(3)(iii) until the deadline is past is not entitled to equitable tolling.
http://caselaw.lp.findlaw.com/data2/circs/9th/0372277p.pdf

U.S. 10th Circuit Court of Appeals

Sarr v. Gonzales (01/23/07 - No. 05-9606)
An order of removal affirming a denial of an application for asylum, withholding of removal and related relief is reversed where the decision to deny petitioner's requested relief was not supported by substantial evidence as petitioner presented proof of his Mauritanian citizenship through both documentary and testimonial evidence, and the BIA upheld an adverse credibility finding based on inconsistencies which were minor, at most.
http://laws.lp.findlaw.com/10th/059606.html

US v. Condrin (01/23/07 - No. 06-2025)
A conviction for conspiracy to transport illegal aliens and transporting illegal aliens is affirmed over claims that: 1) the district court abused its discretion at trial by admitting a border patrol photograph taken at his arrest; and 2) insufficient evidence existed to support the convictions.
http://laws.lp.findlaw.com/10th/062025.html

Here are some of the cases which were decided in Federal Court between 1/15/07 and 1/19/07 which affect immigration law.

U.S. Supreme Court

Gonzales v. Duenas-Alvarez (01/17/07 - No. 05–1629)
In the context of 8 U.S.C. section 1101(a)(43)(G), which provides for removal from the United States of an alien convicted of "a theft offense ... for which the term of imprisonment [is] at least one year," the term "theft offense" in the statute includes the crime of "aiding and abetting" a theft offense.
http://laws.lp.findlaw.com/us/000/051629.html

U.S . 2nd Circuit Court of Appeals

Zhong v. US Dep't of Justice (01/17/07 - No. 02-4882)
Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is vacated to the extent some of the IJ's 2001 findings were marked by significant legal errors, even though several of those errors were not specifically raised in petitioner's appeal to the BIA, as respondent did not assert a failure to exhaust, and the IJ's errors may have affected his disposition of the application. (Amended)
http://caselaw.lp.findlaw.com/data2/circs/2nd/024882p.pdf

U.S. 7th Circuit Court of Appeals

Kebe v. Gonzales (01/19/07 - No. 05-4437)
Petition for review of BIA denial of motion to reopen claims for asylum, withholding of removal, and relief under the Convention Against Torture is granted where the BIA failed to analyze petitioner's evidence that conditions for members of opposition political organizations had worsened since the BIA's original decision.
http://caselaw.lp.findlaw.com/data2/circs/7th/054437p.pdf

U.S. 9th Circuit Court of Appeals

Kohli v. Gonzales (01/17/07 - No. 05-72761)
A petition for review, brought by a Kuwaiti native who is a citizen of India, of a denial of asylum and related relief is denied where: 1) an alleged defect in a Notice to Appear was not jurisdictional; 2) an adverse credibility determination was supported by substantial evidence; and 3) petitioner did not show that she was entitled to either withholding of removal or relief under the CAT.
http://caselaw.lp.findlaw.com/data2/circs/9th/0572761p.pdf

Ruiz-Vidal v. Gonzales (01/18/07 - No. 04-73812)
A petition for review of an order of removal is granted where: 1) a 1998 conviction could not serve as a predicate for removal because petitioner was granted cancellation of removal for that conviction; and 2) the DHS failed to establish unequivocally that the particular substance which he was convicted of possessing in 2003 was a controlled substance as defined in section 102 of the Controlled Substances Act, for purposes of that conviction serving as a predicate offense for removal.
http://caselaw.lp.findlaw.com/data2/circs/9th/0473812p.pdf

Here are some of the cases which were decided in Federal Court between 1/8/07 and 1/12/07 which affect immigration law.

U.S. Supreme Court

US v. Resendiz-Ponce (01/09/07 - No. 05–998)
The Ninth Circuit's reversal of respondent's conviction for illegally attempting to reenter the U.S. is reversed where the indictment at issue was not defective, and consequently, the Supreme Court did not need to answer the question of whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error.
http://laws.lp.findlaw.com/us/000/05998.html

U.S . 1st Circuit Court of Appeals

Payne-Barahona v. Gonzales (01/10/07 - No. 06-1420)
Denial of application for cancellation of removal and voluntary departure is affirmed where petitioner was statutorily ineligible for cancellation of removal or voluntary departure because of a conviction for an aggravated felony. Petitioner's constitutional challenge to the statute based on his children's third-party rights fails since a parent's otherwise valid deportation does not violate a child's constitutional right.
http://laws.lp.findlaw.com/1st/061420.html

U.S. 3rd Circuit Court of Appeals

Silva-Rengifo v. Attorney Gen. of the US (01/09/07 - No. 04-4302, 05-3423)
A petition for review of an en banc decision of the BIA denying petitioner's motion to reopen, which had originally been granted, is granted where the BIA's en banc decision adopted an incorrect legal standard in requiring official "consent" or "actual acquiescence" in the torturous conduct at issue, rather than willful blindness as set out in the CAT's implementing regulations.
http://caselaw.lp.findlaw.com/data2/circs/3rd/044302p.pdf

U.S. 5th Circuit Court of Appeals

Falek v. Gonzales (01/08/07 - No. 05-60624)
A petition for review from a decision of the BIA, which vacated an IJ's grant of a section 212(c) waiver of inadmissability and ordered petitioner deported, is denied in part where a claim -- that petitioner's due process rights were violated because the BIA, not the IJ, entered an order of removal in the first instance -- was foreclosed by precedent. The remainder of the petition is dismissed as the court lacked jurisdiction to consider the challenges.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560624cv0p.pdf

U.S. 7th Circuit Court of Appeals

Guevara v. Gonzales (01/08/07 - No. 05-2696)
Petition for review of a BIA reversal of a discretionary grant of a waiver of removal is denied where the IJ's discretionary decision was subject to de novo review by the BIA, and the BIA had the authority to order petitioner's removal from the country even though no such order had been entered in the first instance by the IJ.
http://caselaw.lp.findlaw.com/data2/circs/7th/052696p.pdf

Valere v. Gonzales (01/11/07 - No. 05-2968)
Petition for review of BIA denial of relief under 212(c) of the Immigration and Naturalization Act on the grounds that the crime of indecent assault on a child has no statutory counterpart in section 212(a) is denied where: 1) petitioner would not have qualified for 212(c) relief at the time of his guilty plea and prior to the date of repeal, thus the application of the statutory counterpart rule did not have an impermissibly retroactive effect; and 2) because there is no statutory counterpart for petitioner's crime, he is not similarly situated to an inadmissible, returning alien who is eligible to apply for section 212(c) relief, thus there is no violation of equal protection.
http://caselaw.lp.findlaw.com/data2/circs/7th/052968p.pdf

Mema v. Gonzales (01/11/07 - No. 05-2570)
Petition for review of denial of applications for asylum and withholding of removal is granted where the IJ failed to consider relevant, probative evidence central to petitioner's claim.
http://caselaw.lp.findlaw.com/data2/circs/7th/052570p.pdf

Gomes v. Gonzales (01/11/07 - No. 03-3020)
Petition for review of denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture is granted where the IJ did not adequately support his decision denying petitioners' application for asylum.
http://caselaw.lp.findlaw.com/data2/circs/7th/033020p.pdf

Boci v. Gonzales (01/12/07 - No. 05-3231)
Petition for review of denial of asylum, withholding of removal, and relief under the Convention Against Torture is denied where the petitioners could not establish either past persecution or a well-founded fear of future persecution, did not present evidence of torture, and did not establish prejudice as a result of the IJ's actions that rose to the level of a violation of due process.
http://caselaw.lp.findlaw.com/data2/circs/7th/053231p.pdf

U.S. 8th Circuit Court of Appeals

US v. Rastegar (01/08/07 - No. 06-1634, 06-2605)
A conviction for using a social security number obtained from the Social Security Administration (SSA) on the basis of false information to intentionally deceive the IRS is affirmed over a claim that there was insufficient evidence to prove that he intended to deceive the IRS or that the SSA assigned him an SSN on the basis of false information he provided to the agency.
http://caselaw.lp.findlaw.com/data2/circs/8th/061634p.pdf

Flores-Calderon v. Gonzales (01/08/07 - No. 06-1739)
A petition for review of the BIA's dismissal of a Peruvian husband and wife's appeal for asylum is denied where the IJ and BIA's holding, that petitioners failed to meet their burden of establishing past persecution based on his military service, or fear of future persecution under any of the protected grounds conferring refugee status, was supported by reasonable, substantial, and probative evidence on the record as a whole.
http://caselaw.lp.findlaw.com/data2/circs/8th/061739p.pdf

U.S. 9th Circuit Court of Appeals

Lin v. Gonzales (01/09/07 - No. 05-74130)
A denial of petitioner's application for asylum, which was based upon his alleged persecution for resisting a coercive population control program in China, is reversed and remanded where petitioner's actions in attempting to prevent birth control officials from confiscating and destroying family property satisfied the "other resistance" category set forth in 8 U.S.C. section 1101(a)(42)(B).
http://caselaw.lp.findlaw.com/data2/circs/9th/0574130p.pdf

Becker v. Gonzales (01/10/07 - No. 05-76977)
A petition for review of a BIA final order of removal is denied where petitioner's 1978 conviction for possession of marijuana for sale may be treated as a disqualifying aggravated felony conviction for purposes of his current request for cancellation of removal following his 2004 controlled substance conviction.
http://caselaw.lp.findlaw.com/data2/circs/9th/0576977p.pdf

Here are some of the cases which were decided in Federal Court between 1/1/07 and 1/5/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Rotimi v. Gonzalez (01/03/07 - No. 06-0202)
Denial of application for an Immigration and Naturalization Act section 212(h) waiver of removal, based on finding petitioner's period of residence as an asylum seeker was not lawful, is vacated as a nonprecedential decision by a single member of the BIA should not be accorded Chevron deference, and is remanded to allow the BIA to construe the "lawfully resided continuously" provisions of section 212(h) in a precedential opinion.
http://caselaw.lp.findlaw.com/data2/circs/2nd/060202p.pdf

U.S. 7th Circuit Court of Appeals

Doumbia v. Gonzales (01/04/07 - No. 05-4683)
Petition for review of the denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture is denied where: 1) evidence undermining the petitioner's credibility was probative and admissible; 2) the nature of the evidence's introduction did not prejudice the petitioner; and 3) the IJ's credibility determination was supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/054683p.pdf

U.S. 8th Circuit Court of Appeals

Jallow v. Gonzales (01/04/07 - No. 06-1610)
A Gambian citizen's petition for review from a denial of asylum and related relief is denied where the court could not review the denial of asylum due to its untimeliness, the IJ's credibility findings were supported by sufficient record evidence, and the IJ properly found that petitioner did not present sufficient credible evidence that he would be tortured if returned to Gambia.
http://caselaw.lp.findlaw.com/data2/circs/8th/061610p.pdf

U.S. 9th Circuit Court of Appeals

Morales v. Gonzales (01/03/07 - No. 05-70672)
A petition for review brought by a male-to-female transsexual of a removal order and denial of her applications for asylum and related relief is granted in part where: 1) as to the applications for asylum and withholding, the IJ erred in relying on facts in a Washington appellate court's opinion to determine petitioner's prior conviction was for a particularly serious crime, but a large portion of the facts relied upon, applied to offenses for which she was not convicted; and 2) the IJ applied an incorrect legal standard to determine she was ineligible for CAT relief.
http://caselaw.lp.findlaw.com/data2/circs/9th/0570672p.pdf

Garcia-Jimenez v. Gonzales (01/03/07 - No. 03-74625)
8 U.S.C. section 1229b(c)(6) bars an alien from obtaining cancellation of removal if he has ever received a waiver of deportation, even if the waiver of deportation was granted in the same proceeding in which cancellation of removal is sought. The statute prohibits an alien from receiving both waiver of deportation and cancellation of removal.
http://caselaw.lp.findlaw.com/data2/circs/9th/0374625p.pdf

Lin v. Gonzales (01/05/07 - No. 04-73860)
Petition for review of denial of previously-removed Chinese petitioner's untimely motion to reopen his original deportation proceedings is granted where: 1) 8 C.F.R. section 1003.23(b)(1) cannot be applied to the facts of this case; 2) no steps were taken by the Department of Homeland Security (DHS) to reinstate petitioner�s prior removal order under 8 C.F.R. section 241.8; and 3) neither the IJ nor the BIA made any finding concerning whether petitioner's motion was eligible for any exception to late filing under 8 C.F.R. section 1003.23(b)(4).
http://caselaw.lp.findlaw.com/data2/circs/9th/0473860p.pdf

U.S. 10th Circuit Court of Appeals

US v. Saenz-Gomez (01/03/07 - No. 06-2148)
Defendant's sentence for illegal reentry after removal following a conviction for an aggravated felony is affirmed over a claim that the district court erred in enhancing his sentence pursuant to 8 U.S.C. section 1326(b)(2) and U.S.S.G. section 2L1.2(b)(1)(B) because his 2003 state conviction for heroin trafficking was not final at the time of his removal.
http://laws.lp.findlaw.com/10th/062148.html

Here are some of the cases which were decided in Federal Court between 12/25/06 and 12/29/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Ticoalu v. Gonzales (12/28/06 - No. 05-1620)
A decision denying Indonesian petitioner's application for asylum and withholding of removal, and declining to grant his motion to remand is reversed in part as to the BIA's denial of the motion to remand where it was an abuse of discretion not to consider a timely periodical article reporting violence in central Sulawesi, or to address whether an order granting asylum to petitioner's brother was material to his claim.
http://laws.lp.findlaw.com/1st/051620.html

U.S. 9th Circuit Court of Appeals

Ochoa-Amaya v. Gonzales (12/29/06 - No. 05-74693)
A petition for review of a denial of petitioner's motion to reopen to allow consideration of his application for adjustment of status is denied where the BIA properly interpreted the relevant language of the Child Status Protection Act (CSPA) in finding that petitioner did not qualify as a child under the CSPA, and thus could not show statutory eligibility for adjustment of status.
http://caselaw.lp.findlaw.com/data2/circs/9th/0574693p.pdf

U.S. 10th Circuit Court of Appeals

Gonzales-Gonzales v. Weber (12/27/06 - No. 04-1181)
In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.
http://laws.lp.findlaw.com/10th/041181.html

Here are some of the cases which were decided in Federal Court between 12/18/06 and 12/22/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Chreng v. Gonzales (12/20/06 - No. 06-1481)
Petition for review of an order dismissing petitioner's appeal of the denial of his applications for asylum and withholding of removal is denied where the government successfully rebutted petitioner's asylum claim by making a showing of changed circumstances in his native Cambodia, and petitioner did not show the existence of new sources of possible persecution.
http://laws.lp.findlaw.com/1st/061481.html

US v. Simo-Lopez (12/22/06 - No. 05-2656)
Sentence for unlawful reentry into the US and unlawful use of false identification is vacated and remanded where a battery conviction considered a felony for enhancement purposes by the sentencing judge was, under Puerto Rico law, actually a misdemeanor.
http://laws.lp.findlaw.com/1st/052656.html

U.S. 6th Circuit Court of Appeals

Kellici v. Gonzales (12/21/06 - No. 05-3851, 05-3852)
An alien's habeas petition does not necessarily challenge the merits of the underlying administrative order of removal for purposes of jurisdiction under the REAL ID Act. In immigration proceedings, the government's motion to dismiss petitions for writs of habeas corpus brought by Albanian immigrants is granted and the matter remanded where the transfer of the cases from the district court to the circuit court was not authorized by the REAL ID Act.
http://caselaw.lp.findlaw.com/data2/circs/6th/053851p.pdf

U.S. 7th Circuit Court of Appeals

Dababneh v. Gonzales (12/20/06 - No. 05-4001)
Petition for review of denial of motion to terminate proceedings alleging that the Notice to Appear was defective is denied where the Department of Homeland Security may indicate in the NTA that it will give the alien subsequent notice of the precise time and place of the hearing once it files the NTA with the appropriate immigration court.
http://caselaw.lp.findlaw.com/data2/circs/7th/054001p.pdf

U.S. 8th Circuit Court of Appeals

Habchy v. Gonzales (12/20/06 - No. 05-3078)
A petition, brought by a native and citizen of Lebanon claiming persecution at the hands of Hizballah, for review of denial of asylum relief is denied over claims that: 1) the BIA erred in affirming denial of his motion to reconsider an IJ's decision, in which the IJ refused to reopen a removal order on the basis of ineffective assistance of counsel; and 2) the BIA erred in refusing to reopen his case on the basis of changed country conditions in Lebanon between 2000 and 2003.
http://caselaw.lp.findlaw.com/data2/circs/8th/053078p.pdf

Zhuang v. Gonzales (12/22/06 - No. 05-4131)
Petition for review of a decision denying Chinese citizen asylum and related relief, involving China's one-child policy and his ex-wife's sterilization, is denied where: 1) the court lacked jurisdiction to address a due process claim; 2) the immigration judge's credibility findings were supported by reasonable, substantial, and probative evidence; 3) petitioner did not prove ex-wife's sterilization was forced, for asylum purposes; and 4) withholding and Convention Against Torture claims also failed.
http://caselaw.lp.findlaw.com/data2/circs/8th/054131p.pdf

Ebrahim v. Gonzales (12/22/06 - No. 05-4433)
The court is without jurisdiction to review petitions for review of a denial of a waiver under 8 U.S.C. section 1186a(c)(4) because the question of whether a marriage has been entered into in "good faith" is a matter within the unreviewable discretion of the Attorney General.
http://caselaw.lp.findlaw.com/data2/circs/8th/054433p.pdf

U.S. 9th Circuit Court of Appeals

Rafaelano v. Wilson (12/20/06 - No. 05-35025)
A petition for review brought by an individual claiming that the government was seeking to expel her from the U.S. without a valid order of deportation is granted and the matter transferred to the BIA where the transfer was necessary in order to determine whether a 1995 order became an effective order of deportation because petitioner failed to depart the U.S. on or before September 21, 1996.
http://caselaw.lp.findlaw.com/data2/circs/9th/0535025p.pdf

U.S. 11th Circuit Court of Appeals

Ruiz v. U.S. Attorney Gen. (12/21/06 - No. 05-15875)
As petitioner application for asylum was filed 21 days after the one-year deadline, the court lacks jurisdiction to review the denial of asylum application. However, request for reconsideration of denial of request for withholding of removal is granted as petitioner's kidnapping, physical assaults, and threatening phone calls rise to the level of persecution.
http://caselaw.lp.findlaw.com/data2/circs/11th/0515875p.pdf

U.S. District of Columbia Circuit Court of Appeals

US v. Olivares (12/19/06 - No. 05-3058)
57-month sentence, followed by 3 years' supervised release and payment of restitution, based on guilty plea to conspiracy to commit armed bank robbery, is affirmed over claims that the district court erred in denying defendant's request for a downward adjustment under Sentencing Guidelines section 3B1.2 because of his minimal role in the conspiracy and in denying a downward departure because he was an alien facing deportation.
http://caselaw.lp.findlaw.com/data2/circs/dc/053058a.pdf

Here are some of the cases which were decided in Federal Court between 12/11/06 and 12/15/06 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Zerrei v. Gonzales (12/12/06 - No. 05-3390)
Petition for review of order of removal is denied where the BIA and the IJ properly treated a copy of a passport, admitted into evidence without objection, as belonging to petitioner, and correctly concluded that the Department of Homeland Security satisfied its burden of establishing removability by clear and convincing evidence.
http://caselaw.lp.findlaw.com/data2/circs/2nd/053390p.pdf

Alrefae v. Chertoff (12/14/06 - No. 05-3253)
Denial of motions to rescind an in absentia removal order and to reopen removal proceedings on the basis of new evidence is vacated as the IJ erred: 1) in denying petitioner's motion to rescind by failing to explain why he had not rebutted the presumption that he received notice of his removal hearing and by improperly applying this presumption in evaluating his claim that exceptional circumstances prevented him from appearing at his hearing; and 2) in denying petitioner's motion to reopen because he failed to explain why he was not prima facie eligible to remove the conditional basis of his permanent resident status, or why his divorce, which did not become final until after his removal hearing, did not constitute new evidence.
http://caselaw.lp.findlaw.com/data2/circs/2nd/053253p.pdf

U.S. 5th Circuit Court of Appeals

De La Paz Sanchez v. Gonzales (12/12/06 - No. 05-60973)
A petition for review of a BIA order, which found petitioner removable and denied a request for a waiver of removal, is denied over claims that: 1) Texas's unauthorized use of a motor vehicle offense does not constitute a crime of violence under 18 U.S.C. section 16(b); and 2) that he was entitled to seek discretionary relief pursuant to former section 212(c) of the INA.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560973cv0p.pdf

Mai v. Gonzales (12/13/06 - No. 04-60871)
A petition for review of an order denying petitioner's motion to reopen his removal proceedings is granted where the BIA abused its discretion in denying the motion on the basis that his counsel was not ineffective, and the matter is remanded for a determination whether petitioner was prejudiced by his counsel's acts.
http://caselaw.lp.findlaw.com/data2/circs/5th/0460871cv0p.pdf

Heaven v. Gonzales (12/14/06 - No. 05-61022)
Section 309(c)(5) of the IIRIRA requires the retroactive application of the stop-time rule, INA section 240A(d), in removal proceedings commenced after the effective date of the IIRIRA. A petition for review of a BIA decision finding that petitioner was not eligible to apply for cancellation of removal on the basis of the stop-time rule is denied in part and dismissed in part where the BIA correctly decided that the stop-time rule may be applied retroactively to petitioner's pre-1996 convictions, and the circuit court lacked jurisdiction over the remaining claims.
http://caselaw.lp.findlaw.com/data2/circs/5th/0561022cv0p.pdf

U.S. 6th Circuit Court of Appeals

Mansour v. Gonzales (12/14/06 - No. 05-3674)
A petition for review of the BIA's denial of petitioner's motion to reopen his deportation proceedings is denied where: 1) petitioner traveled to Mexico, thus effectively executing his prior outstanding deportation order, and leaving no deportation proceedings to reopen; and 2) petitioner's parole into the U.S. to stand trial for making a false claim of U.S. citizenship did not render his entry legal, and thus petitioner was ineligible for INA section 212(c) relief under the applicable regulation.
http://caselaw.lp.findlaw.com/data2/circs/6th/053674p.pdf

U.S. 7th Circuit Court of Appeals

Obambi v. Gonzales (12/11/06 - No. 06-1402)
Petition for review of denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is granted where the IJ inappropriately denied petitioner's application because of a lack of corroborating evidence without first making an explicit credibility finding or explaining whether it was reasonable to expect her to provide corroboration given the recent history of political upheaval in Congo.
http://caselaw.lp.findlaw.com/data2/circs/7th/061402p.pdf

U.S. 9th Circuit Court of Appeals

Kaganovich v. Gonzales (12/12/06 - No. 04-70625)
An alien who arrives in the United States as a refugee may be removed even if their refugee status has never been terminated pursuant to 8 U.S.C. section 1157(c)(4).
http://caselaw.lp.findlaw.com/data2/circs/9th/0470625p.pdf

US v. Zepeda-Martinez (12/13/06 - No. 05-50562)
Apprendi errors are reviewed for harmlessness using the framework of Neder v. US, 527 U.S. 1 (1999), under which an error is harmless if the court finds beyond a reasonable doubt that the result "would have been the same absent the error."
http://caselaw.lp.findlaw.com/data2/circs/9th/0550562p.pdf

Here are some of the cases which were decided in Federal Court between 12/04/06 and 12/08/06 which affect immigration law.

U.S. Supreme Court

Lopez v. Gonzales (12/05/06 - No. 05–547)
In the context of the Immigration and Nationality Act (INA) and crimes falling under the term "aggravated felony," a state offense constitutes a "felony punishable under the Controlled Substances Act" only if it proscribes conduct punishable as a felony under that federal law.
http://laws.lp.findlaw.com/us/000/05547.html

Toledo-Flores v. US (12/05/06 - No. 05–7664)
The writ of certiorari is dismissed as improvidently granted.
http://laws.lp.findlaw.com/us/000/057664.html

U.S. 1st Circuit Court of Appeals

Onwuamaegbu v. Gonzales (12/06/06 - No. 05-1181)
Denial of BIA's motion to reconsider its summary affirmance of an IJ decision that refused to waive inadmissibility pursuant either to section 212(h) or (i) of the Immigration and Nationality Act is vacated and remanded for written clarification of the grounds for summary affirmance where the BIA's failure to explain its decision adequately provided grounds for reversal.
http://laws.lp.findlaw.com/1st/051181.html

U.S. 2nd Circuit Court of Appeals

Makadji vs Gonzales (12/05/06 - No. 03-40341)
Denial of application for asylum and withholding of removal is vacated as the agency erred in finding that petitioner "firmly resettled" prior to entering the U.S. and misallocated the burdens of proof.
http://caselaw.lp.findlaw.com/data2/circs/2nd/0340341p.pdf

Tabile v. Gonzales (12/06/06 - No. 05-2955)
Petition for review of finding that petitioner is ineligible for suspension of deportation, for failing to establish continuous physical residence in the U.S, is denied as 1996 amendments to the INA, providing that an alien's period of continuous residence ended upon the commission of certain offenses, apply retrospectively to petitioner's 1984 criminal offense.
http://caselaw.lp.findlaw.com/data2/circs/2nd/052955p.pdf

U.S. 4th Circuit Court of Appeals

Dragenice v. Gonzales (12/04/06 - No. 05-7050)
Order that petitioner be removed to Haiti as an alien convicted of certain removable offenses is affirmed over claim that petitioner is a national of the United States and, therefore, not subject to removal.
http://caselaw.lp.findlaw.com/data2/circs/4th/057050p.pdf

U.S. 6th Circuit Court of Appeals

Patel v. Gonzales (12/04/06 - No. 06-3197)
When the BIA rejects the underlying reason for an IJ's decision to deny voluntary departure under the INA, and then makes no determination of its own on the voluntary departure issue, the BIA has not exercised any discretion. Petition for review of a denial of claims for asylum and voluntary departure under the INA is denied in part and remanded for a ruling by the BIA on whether petitioner was entitled to voluntary departure.
http://caselaw.lp.findlaw.com/data2/circs/6th/063197p.pdf

U.S. 7th Circuit Court of Appeals

Pavlyk v. Gonzales (12/04/06 - No. 05-4444)
Petition for review of BIA denial of asylum, withholding of removal, and relief under the Convention Against Torture is dismissed where the court lacks jurisdiction over the asylum claim because of the untimeliness of the application, and denied where petitioner did not demonstrate persecution on account of membership in a social group or political opinion, or show a sufficient likelihood of torture.
http://caselaw.lp.findlaw.com/data2/circs/7th/054444p.pdf

US v. Gama-Gonzalez (12/05/06 - No. 06-1965)
Sentence for illegal reentry is affirmed where sentences within the guidelines are presumptively reasonable, and the sentencing judge did not give undue weight to defendant's earlier conviction.
http://caselaw.lp.findlaw.com/data2/circs/7th/061965p.pdf

Padilla v. Gonzales (12/07/06 - No. 05-2697)
Petition for review of order that petitioner be removed to his native Mexico for committing two crimes of moral turpitude -- which order was followed by vacatur of the two convictions by the state court -- is dimissed for failure to exhaust administrative remedies where petitioner did not ask the BIA to reopen his case in light of the vacated convictions, but instead petitioned the district court and then the court of appeals.
http://caselaw.lp.findlaw.com/data2/circs/7th/052697p.pdf

U.S. 9th Circuit Court of Appeals

Family Inc. v. US Citizenship & Immigration Servs. (12/04/06 - No. 05-35310)
Summary judgment in favor of the United States Citizenship and Immigration Services (USCIS) on a challenge to its denial of a petition for a change of immigration status is affirmed where the agency's finding that petitioner was not engaged primarily in managerial duties was supported by substantial evidence, and its denial was neither arbitrary or capricious, nor an abuse of discretion.
http://caselaw.lp.findlaw.com/data2/circs/9th/0535310p.pdf

Serrano v. Gonzales (12/05/06 - No. 04-75579)
Petition for review of the BIA's denial of petitioner's untimely motion to reopen his removal proceedings is denied in part and dismissed in part where: 1) he failed to demonstrate prejudice with regards to a due process ineffective assistance of counsel claim; 2) excuse for his failure to depart based on "exceptional circumstances" was no longer available; and 3) he failed to raise an argument regarding the creation of an "exceptional circumstance" equitable tolling exception to the relevant statute.
http://caselaw.lp.findlaw.com/data2/circs/9th/0475579p.pdf

Valencia-Alvarez v. Gonzales (12/06/06 - No. 05-70275)
A petition for review of determinations by the BIA that petitioner was removable for having been convicted of a controlled substance offense and that he was ineligible for cancellation of removal are denied over claims that: 1) that respondent was barred by res judicata from asserting additional charges after the BIA held that petitioner's underlying conviction was not an aggravated felony; and 2) a statutory provision, which "stops" an alien's accrual of continuous presence in the United States at the time that he commits a crime, may not be applied retroactively to petitioner's 1996 offense.
http://caselaw.lp.findlaw.com/data2/circs/9th/0570275p.pdf

U.S. 11th Circuit Court of Appeals

Haswanee v. U.S. Attorney Ge. (12/08/06 - No. 06-12636)
Denial of continuance and order of removal is vacated to the extent the IJ abused his discretion in denying petitioner's motion for a continuance where he had an approved labor certification and an immediately available visa number, and had a pending visa petition.
http://caselaw.lp.findlaw.com/data2/circs/11th/0612636p.pdf

Here are some of the cases which were decided in Federal Court between 11/27/06 and 12/01/06 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Spina v. Department of Homeland Sec. (11/28/06 - No. 04-3177)
Dismissal of habeas petition of alien deemed ineligible for discretionary relief from deportation under now-repealed section 212(c) of the Immigration and Nationality Act, where alien served more than five years in custody for an aggravated felony, is upheld over claims that: 1) petitioner's pre-conviction detention should not count toward accrual of the five-year bar; and 2) that time spent in post-conviction custody stopped accruing for purposes of the five-year bar while he administratively challenged the INS's erroneous retroactive application to his case of an AEDPA amendment excluding aggravated felons from section 212(c) relief.
http://caselaw.lp.findlaw.com/data2/circs/2nd/043177p.pdf

Chen v. Bureau of Citizenship & Immigration Servs. (11/29/06 - No. 04-5748)
BIA order vacating IJ decision to grant application for asylum, deny application for withholding of removal and relief under the Convention Against Torture, and order removal to China is vacated, where the BIA applied the wrong legal standard when conducting its review.
http://caselaw.lp.findlaw.com/data2/circs/2nd/045748p.pdf

U.S. 7th Circuit Court of Appeals

Gutnik v. Gonzales (11/29/06 - No. 05-3007)
Petition for review of the application of particular removal grounds to some of petitioner's convictions and the IJ's conclusions as to the unavailability of certain forms of relief from removal is granted in part where the application of the "hypothetical federal felony approach" removes the bar to petitioner's asylum claim, but denied where petitioner no longer qualifies as a refugee and is therefore ineligible to apply for a section 1159(c) waiver of inadmissability in conjunction with an adjustment of status.
http://caselaw.lp.findlaw.com/data2/circs/7th/053007p.pdf

U.S. 8th Circuit Court of Appeals

Celaj v. Gonzales (11/27/06 - No. 05-1493)
A petition for review of a denial of asylum is denied where an IJ's decision not to credit Albanian petitioner's claims of persecution was reasonable, and his credibility assessment was based on specific and cogent reasons.
http://caselaw.lp.findlaw.com/data2/circs/8th/051493p.pdf

Mohamed v. Gonzales (11/27/06 - No. 05-3357)
Petition for review of denial of relief under the Convention Against Torture is denied is denied where: 1) petitioner's as-applied constitutional challenge to the REAL ID Act is rejected; 2) lack of a competency hearing was not an abuse of discretion and did not violate his right to procedural due process; 3) he failed to establish prejudice from any possible due process violation; 4) the IJ did not err in failing to make explicit credibility findings as to certain witnesses; and 5) petitioner failed to establish a likelihood of torture upon removal.
http://caselaw.lp.findlaw.com/data2/circs/8th/053357p.pdf

U.S. 9th Circuit Court of Appeals

Singh v. Gonzales (11/28/06 - No. 04-72701)
When the BIA uses regular mail to meet its regulatory obligation to serve its decisions on aliens, the BIA's factual finding that its decision was properly mailed to the alien's address of record precludes alien's claim that he did not actually receive the decision for purposes of his motion to reopen.
http://caselaw.lp.findlaw.com/data2/circs/9th/0472701p.pdf

US v. Lopez (11/30/06 - No. 05-50433)
A conviction and sentence for being a deported alien found in the United States is affirmed where any error in the government's impermissible references to defendant's post-Miranda silence was harmless beyond a reasonable doubt, and none of his other assertions of error were meritorious.
http://caselaw.lp.findlaw.com/data2/circs/9th/0550433p.pdf

U.S. 11th Circuit Court of Appeals

Madu v. U.S. Attorney Gen. (12/01/06 - No. 05-14241)
District court's determination that habeas petition challenging the petitioner's detention and impending removal on the ground that he is not subject to a removal order amounts to a challenge to a final administrative order of removal within the meaning of section 106(c) of the REAL ID Act, and order transferring case to circuit court, is vacated and remanded for proceedings under 28 U.S.C. section 2241, as a petitioner's assertion that he is not subject to an order of removal is distinct from a petitioner's challenge to a removal order for the purposes of the REAL ID Act.
http://caselaw.lp.findlaw.com/data2/circs/11th/0514241p.pdf

Here are some of the cases which were decided in Federal Court between 11/20/06 and 11/24/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Naeem v. Gonzales (11/20/06 - No. 05-2789)
Denial of alien's motion to reopen his removal proceedings is affirmed where the BIA's denial, on the ground that petitioner's non-compliance with the terms of a grant of voluntary departure rendered him statutorily ineligible for the relief that he hoped to obtain through a reopening, was not in error.
http://laws.lp.findlaw.com/1st/052789.html

U.S. 3rd Circuit Court of Appeals

Mudric v. Attorney Gen. of the US (11/24/06 - No. 05-2913)
Petition for review of the legality of petitioner's pending deportation is denied over claims that: 1) his Fifth Amendment right to procedural due process was violated by undue INS delays in processing certain applications; 2) the government should be estopped from removing him because he was prevented from obtaining lawful status as a result of its own undue delay; and 3) procedural due process violations occurred in the course of his asylum hearing.
http://caselaw.lp.findlaw.com/data2/circs/3rd/052913p.pdf

U.S. 5th Circuit Court of Appeals

Chen v. Gonzales (11/22/06 - No. 05-60379)
A petition for review of a denial of Chinese petitioner's application for asylum and related relief is denied where: 1) denial of the application for asylum was supported by substantial evidence; 2) the withholding claim necessarily failed as well, as the evidence did not compel a conclusion that her fear of persecution on the basis of religion was well-founded under the lower objective standard for asylum; 3) her evidence did not compel a finding that she would more likely than not be subjected to torture for leaving China illegally; and 4) an IJ's conclusion that she was not likely to be subjected to torture at the hands of snakeheads and money lenders was supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560379cv0p.pdf

U.S. 7th Circuit Court of Appeals

US v. Firishchak (11/20/06 - No. 05-3852)
A judgment ordering that defendant be denaturalized, stemming from his alleged service in the Ukrainian Auxiliary Police (UAP) during World War II and his failure to disclose it in his 1949 visa application, is affirmed over his claims that: 1) documents evidencing his UAP service were inadmissible; 2) it was an abuse of discretion to permit certain expert testimony on a subject that was not disclosed in a pre-trial expert report; 3) he should have been granted a continuance; 4) the evidence against him was insufficient; and 5) he was denied a fair trial.
http://caselaw.lp.findlaw.com/data2/circs/7th/053852p.pdf

U.S. 8th Circuit Court of Appeals

US v. Urqhart (11/22/06 - No. 06-1242)
A conviction for illegal reentry after deportation is affirmed over claims of erroneous admission of evidence and denial of a mistrial motion where: 1) a Certificate of Nonexistence of Record (CNR) from a defendant's "alien-file" constitutes nontestimonial evidence; and 2) the district court did not abuse its discretion in denying the motion for mistrial.
http://caselaw.lp.findlaw.com/data2/circs/8th/061242p.pdf

U.S. 9th Circuit Court of Appeals

US v. Martinez-Rodriguez (11/21/06 - No. 05-50719)
Under Taylor's categorical approach, the full range of conduct proscribed by California Health and Safety Code section 11359 falls within the Sentencing Guidelines' definition of drug trafficking offense. A sentence for re-entering the U.S. after removal is affirmed over claims that his sentence was improperly enhanced in that: 1) the district court improperly found that defendant's prior removal "was subsequent to a conviction for commission of an aggravated felony;" and 2) the district court erred in finding that his prior conviction for possession of marijuana for sale under California Health and Safety Code section 11359 was a drug trafficking offense under the guidelines.
http://caselaw.lp.findlaw.com/data2/circs/9th/0550719p.pdf

Sinotes-Cruz v. Gonzales (11/22/06 - No. 04-70745)
A petition for review from an order of removal is granted where: 1) although the government introduced sufficient evidence to carry its burden of proof that petitioner was removable; 2) based on INS v. St. Cyr, 533 U.S. 289 (2001), the permanent stop-time rule of section 240A(d)(1) of the INA may not be applied retroactively to prevent petitioner from fulfilling the seven-year continuous residence requirement of INA section 240A(a)(2), for cancellation of removal; and 3) petitioner does not need a waiver of deportation under INA section 212(c) in order to be eligible for cancellation of removal.
http://caselaw.lp.findlaw.com/data2/circs/9th/0470745p.pdf

U.S. 10th Circuit Court of Appeals

US v. Martinez-Trujillo (11/21/06 - No. 05-4122)
Sentencing disparities caused by the existence of fast-track programs, which allow defendants to obtain a downward departure in exchange for their plea and waiver of certain rights, are not considered unwarranted under 18 U.S.C. section 3553(a)(6). A sentence for illegal reentry of a previously deported alien is affirmed over a claim that the district court rendered an unreasonable sentence.
http://laws.lp.findlaw.com/10th/054122.html

Here are some of the cases which were decided in Federal Court between 11/13/06 and 11/17/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

US v. Turbides-Leonardo (11/14/06 - No. 05-2374)
Sentence for illegal re-entry following an earlier deportation for an aggravated felony conviction is affirmed where the defendant failed to object to the characterization of his prior conviction, there was no plain error in the sentencing court's addition of an enhancement for a drug trafficking offense, and the sentence was reasonable.
http://laws.lp.findlaw.com/1st/052374.html

Dar-Salameh v. Gonzalez (11/15/06 - No. 05-2886)
Petition for review of a final order of removal is denied where petitioner failed to exhaust his administrative remedies, but respondent agrees to permit petitioner to apply for relief from removal to the Palestinian Territories.
http://laws.lp.findlaw.com/1st/052886.html

Kim v. Gonzales (11/16/06 - No. 05-2462)
Denial of application for discretionary relief under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. section 1182(c) is affirmed where: 1) defendant's claim that his manslaughter conviction did not constitute a crime of violence was foreclosed since defendant never sought judicial review of the BIA's past ruling which affirmed the IJ's finding that he was an aggravated felon, and the time-limit for such an argument is jurisdictional; and 2) defendant's argument that his crime was one of moral turpitude, which is a ground for waiver under section 212(c), was irrelevant since the earlier crime of violence determination acted independently to preclude waiver.
http://laws.lp.findlaw.com/1st/052462.html

U.S. 2nd Circuit Court of Appeals

Madeira v. Affordable Housing Found. (11/14/06 - No. 04-3606)
Award of lost earnings to plaintiff undocumented alien, calculated partially by reference to U.S. pay rates as compensation for disabling personal injuries attributable to defendants' violation of New York Labor Law section 240(1), and apportioned among defendants and plaintiff's direct employer based on relative negligence, is affirmed over claim that federal immigration law, as articulated in the Immigration Reform and Control Act of 1986 necessarily precluded any damages award under New York law that compensated an undocumented worker for lost earnings, at least to the extent such earnings were based on pay rates in the U.S. rather than in the worker's native country.
http://caselaw.lp.findlaw.com/data2/circs/2nd/043606p.pdf

U.S. 4th Circuit Court of Appeals

Jahed v. Acri (11/13/06 - No. 05-6489)
Petition for review of final order of removal, entered after BIA rejected petitioner's claim of citizenship over claim by petitioner, a native of Afghanistan, that he attained derivative citizenship after his parents' Pakistani divorce and upon his father's naturalization, is dismissed as petitioner failed to demonstrate that his parents were legally separated for purposes of U.S. immigration law.
http://caselaw.lp.findlaw.com/data2/circs/4th/056489p.pdf

U.S. 6th Circuit Court of Appeals

Berri v. Gonzales (11/16/06 - No. 05-4045)
Petition for review of denial of Lebanese citizens' claims for asylum and related relief is denied where: 1) an IJ's denial of a continuance and in the matter was not an abuse of discretion; 2) an adverse credibility finding was reasonable; 3) petitioners failed to demonstrate past persecution or a well-founded fear of future persecution; 4) they failed to demonstrate that torture was more likely than not; and 5) the BIA's use of its affirmance without opinion procedure was proper.
http://caselaw.lp.findlaw.com/data2/circs/6th/054045p.pdf

U.S. 7th Circuit Court of Appeals

Bejko v. Gonzales (11/13/06 - No. 05-3872)
Denial of application for asylum, withholding of removal and relief under the Convention Against Torture is affirmed where: 1) the applicant did not establish past persecution or the well-founded fear of future persecution; and 2) The IJ's failure to inform applicant of his right to request withdrawal of his application for admission did not constitute a due process violation, since applicant could not demonstrate prejudice as a result.
http://caselaw.lp.findlaw.com/data2/circs/7th/053872p.pdf

Pjetri v. Gonzales (11/13/06 - No. 05-3871)
Petition for review of denial of asylum, withholding of removal and relief under the Convention Against Torture is dismissed for lack of jurisdiction where petitioner's claims of due process and evidentiary violations were not presented to the BIA, thus petitioner had not exhausted his administrative remedies.
http://caselaw.lp.findlaw.com/data2/circs/7th/053871p.pdf

U.S. 9th Circuit Court of Appeals

US v. Morales-Perez (11/13/06 - No. 05-10115)
The federal crime of attempted possession of a controlled substance with intent to sell encompasses the California-defined crime of purchasing cocaine base for purposes of sale. Because this is an offense that falls within the definition of a drug trafficking offense in the United States Sentencing Guidelines, a conviction under California Health and Safety Code section 11351.5 categorically qualifies as a predicate drug trafficking offense under U.S.S.G. section 2L1.2(b)(1)(A).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510115p.pdf

US v. Martinez-Martinez (11/14/06 - No. 06-10015)
A enhancement to a sentence for illegal reentry after being deported following a felony conviction is reversed where, in computing defendant's prison sentence, the district court erred in treating his prior state-court conviction in Arizona for discharging a firearm at a residential structure as a "crime of violence" under the sentencing guidelines.
http://caselaw.lp.findlaw.com/data2/circs/9th/0610015p.pdf

Fernandez-Ruiz v. Gonzales (11/15/06 - No. 03-74533)
A petition for review of an order of removal is granted in part and remanded for further proceedings where: 1) neither of petitioner's two Arizona misdemeanor domestic violence/assault convictions constituted a crime involving moral turpitude for purposes of removal; 2) a remand is ordered to determine whether petitioner's sentence was unlawful on its face, and thus could not support a charge of removability as an aggravated felon; and 3) petitioner is held to be eligible for INA section 212(c) waiver of inadmissibility relief.
http://caselaw.lp.findlaw.com/data2/circs/9th/0374533p.pdf

US v. Reina-Rodriguez (11/15/06 - No. 05-10475)
Burglary of a dwelling under Utah law categorically fits the Sentencing Guidelines' definition of "burglary of a dwelling." A fifty-one month sentence for illegal reentry after deportation is affirmed over claims that: 1) application of a sixteen-level enhancement under the sentencing guidelines for a prior Utah conviction for burglarly was erroneous; and 2) the sentence was unreasonable because it improperly considered, as a factor, that he did not plead guilty pursuant to a plea agreement.
http://caselaw.lp.findlaw.com/data2/circs/9th/0510475p.pdf

Here are some of the cases which were decided in Federal Court between 11/06/06 and 11/10/06 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Chen v. U.S. Dep't of Justice (11/06/06 - No. 06-0762)
Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture, is remanded to the BIA to: 1) determine if documents identified in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir. 2006) are authentic and whether they establish the existence of an official policy of forced sterilization of parents of two or more children, including parents such as petitioner whose children were born abroad; and 2) reassess petitioner's claim that she risks forced sterilization if returned to her home city in China.
http://caselaw.lp.findlaw.com/data2/circs/2nd/060762p.pdf

Singh v. Gonzales (11/08/06 - No. 05-5181)
Petition for review of order denying adjustment of status after motion to reopen was granted is denied where the petitioner was barred from such relief by 8 U.S.C. section 1229c(d) because he failed to comply with a voluntary departure order prior to filing his motion to reopen.
http://caselaw.lp.findlaw.com/data2/circs/2nd/055181p.pdf

U.S. 7th Circuit Court of Appeals

Ali v. Achim (11/06/06 - No. 05-1194)
Denial of habeas corpus petition is dismissed as moot. Petition for review of BIA denial of waiver of inadmissibility, asylum, and withholding of removal is denied where the Attorney General acted within his discretion when he established the heightened waiver standard for violent or dangerous criminal refugees, and the BIA did not apply an incorrect legal standard when it determined that petitioner committed a "particularly serious" crime for purposes of ineligibility for asylum and withholding of removal. Petition for review of denial of application under the Convention Against Torture is granted where the BIA left open the question whether petitioner would face torture "at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."
http://caselaw.lp.findlaw.com/data2/circs/7th/051194p.pdf

Lino v. Gonzales (11/06/06 - No. 05-1078)
Petition for review of reinstatement of removal order and the denial of adjustment of status application is denied where section 241(a)(5) of the INA plainly precludes a previously removed alien who has since illegally reentered the U.S. from adjusting her status under section 245(i), and petitioner does not fall within any Congressionally recognized exemption from section 241(a)(5).
http://caselaw.lp.findlaw.com/data2/circs/7th/051078p.pdf

U.S. 10th Circuit Court of Appeals

US v. Cruz-Mendez (11/06/06 - No. 05-4296)
A conviction for illegal reentry is affirmed over a challenge to a denial of a motion to suppress evidence where: 1) officers' "knock and talk" was not a Fourth Amendment intrusion; 2) there was no clear error in finding that defendant's girlfriend consented to officers' entrance into the living room of her apartment; 3) a cellular phone observed by the officers in the apartment living room was in plain view; 4) the district court did not clearly err in finding that the girlfriend consented to a search of the bedroom; and 5) officers had probable cause to arrest defendant.
http://laws.lp.findlaw.com/10th/054296.html

US v. Valtierra-Rojas (11/09/06 - No. 05-3390)
A sentence for illegal reentry after deportation for an aggravated felony, which was thirty-three months above the high-end of the sentencing range recommended by the Sentencing Guidelines, is affirmed where, although the increase was substantial, it was reasonable under the compelling facts of the case, particularly defendant's propensity for dangerous criminal conduct when he is drinking.
http://laws.lp.findlaw.com/10th/053390.html

Here are some of the cases which were decided in Federal Court between 10/30/06 and 11/03/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Orelien v. Gonzales (11/03/06 - No. 06-1085)
Petition for review of BIA denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is denied over petitioner's argument that the BIA erred in refusing to grant relief because he presented strong and credible evidence of persecution, both past and anticipated.
http://laws.lp.findlaw.com/1st/061085.html

U.S. 2nd Circuit Court of Appeals

Lin vs US Dep't. of Justice (10/30/06 - No. 06-2356)
Motion to remand to BIA based on new evidence suggesting the existence of an official policy of forced sterilization in Changle City, Fujian Province, China, is granted and case is remanded: 1) so that the BIA may determine whether evidence establishes the existence of an official policy, in Changle City or Fujian Province generally, of forced sterilization of parents of two or more children, including parents whose children were born abroad; and 2) so that the BIA may reassess, in light of this evidence, petitioner's claim that he risks forced sterilization if returned to his home province in China.
http://caselaw.lp.findlaw.com/data2/circs/2nd/062356p.pdf

Hoxhallari v. Gonzales (10/31/06 - No. 04-2922)
Petition for review of denial of an application for asylum, withholding of removal, and relief under the Convention Against Torture, is denied where country conditions are sufficiently evident and concern a country that is the subject of an appreciable proportion of asylum claims, an immigration judge need not recite robotic findings when relying on changed country conditions under the Immigration and Naturalization Act.
http://caselaw.lp.findlaw.com/data2/circs/2nd/042922p.pdf

Silva-Carvalho Lopes vs Gonzales (11/02/06 - No. 05-6878)
Denial of motion to reopen and rescind an in absentia order of removal is vacated where, although the BIA properly applied a presumption of receipt because the record establishes that the notice to appear was accurately addressed and mailed according to normal office procedures, the BIA exceeded its discretion by failing to consider all the circumstantial evidence that petitioner offered to rebut that presumption.
http://caselaw.lp.findlaw.com/data2/circs/2nd/056878p.pdf

U.S. 3rd Circuit Court of Appeals

Ghebrehiwot v. Attorney Gen. of the US (11/03/06 - No. 05-3847)
A petition for review of a denial of petitioner's applications for asylum, withholding of removal and additional relief, is granted where: 1) the IJ failed to consider certain evidence which had been submitted in finding that petitioner did not establish a well-founded fear of persecution based on his religion; and 2) the IJ committed legal error in holding that failure to meet the evidentiary burden for asylum precluded relief under the U.N. Convention Against Torture.
http://caselaw.lp.findlaw.com/data2/circs/3rd/053847p.pdf

U.S. 5th Circuit Court of Appeals

US v. Villegas-Hernandez (10/31/06 - No. 05-40988)
Defendant's sentence for being unlawfully present in the U.S. following deportation pursuant to a conviction is vacated where the district court erred in applying an eight-level sentence enhancement because his prior Texas conviction for assault is not a "crime of violence" as defined for this purpose by the sentencing guidelines.
http://caselaw.lp.findlaw.com/data2/circs/5th/0540988cr0p.pdf

US v. Santiesteban-Hernandez (10/31/06 - No. 05-50399)
Defendant's sentence for illegal reentry is affirmed over claims that: 1) his conviction for robbery under Texas Penal Code section 29.02(a)(1) did not qualify as a crime of violence under section 2L1.2 of the Sentencing Guidelines; and 2) the application of the enhancement penalties of 8 U.S.C. section 1326(b)(1) violated his due process rights.
http://caselaw.lp.findlaw.com/data2/circs/5th/0550399cr0p.pdf

US v. Zuniga-Amezquita (10/31/06 - No. 06-40081)
A sentence for bringing in and harboring certain aliens is affirmed where defendant's method of transporting aliens created a substantial risk of death or serious bodily injury, for purposes of the challenged sentence enhancement at issue.
http://caselaw.lp.findlaw.com/data2/circs/5th/0640081cr0p.pdf

U.S. 6th Circuit Court of Appeals

Amir v. Gonzales (11/02/06 - No. 04-3538)
Petition for review of a denial of claims for asylum and related relief is denied in part and granted in part with respect to a claim based on the United Nations Convention Against Torture (CAT) where the IJ's reliance on a BIA decision which was manifestly contrary to law required vacatur and a remand for further proceedings.
http://caselaw.lp.findlaw.com/data2/circs/6th/043538p.pdf

U.S. 7th Circuit Court of Appeals

U.S. v. Villareal-Tamayo (10/30/06 - No. 05-3514)
Sentence enhancement for re-entering the US after deportation following a conviction for an aggravated felony is affirmed where the Constitution does not require an enhancement based on recidivism to be treated as an element of the underlying offense.
http://caselaw.lp.findlaw.com/data2/circs/7th/053514p.pdf

Ahmed v. Gonzales (11/02/06 - No. 05-2071)
Petition for review of denial of asylum is denied where the IJ's conclusion that petitioner did not suffer past persecution and has no well-founded fear of future persecution was supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/052071p.pdf

U.S. 9th Circuit Court of Appeals

Nath v. Gonzales (11/03/06 - No. 05-16557)
A petition for review of a denial of petitioner's motion to reopen is granted where: 1) the court had jurisdiction to review the denial of the motion to reopen; 2) the BIA erred by placing on petitioner the burden of proving that his first conviction was vacated for substantive, non-immigration related reasons; 3) the government failed to carry its burden of proof as to the reasons for the vacatur; and 4) the BIA erred in determining that the state crime to which petitioner pled guilty a second time qualified as an aggravated felony for immigration purposes.
http://caselaw.lp.findlaw.com/data2/circs/9th/0516557p.pdf

Here are some of the cases which were decided in Federal Court between 10/23/06 and 10/27/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Gao v. Gonzales (10/26/06 - No. 05-2330)
Petition for review of denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied where petitioner failed to exhaust his administrative remedies for his due process claim, and substantial evidence supported the IJ's adverse credibility determinations on petitioner's forced sterilization and religious persecution claims.
http://laws.lp.findlaw.com/1st/052330.html

U.S. 2nd Circuit Court of Appeals

Beskovic vs Gonzales (10/24/06 - No. 05-4172)
Petition for review of application for asylum and withholding of removal is granted, and the denial vacated and remanded, where the IJ's analysis of the issue of past persecution was insufficient for the court to determine whether he applied the correct legal standard.
http://caselaw.lp.findlaw.com/data2/circs/2nd/054172p.pdf

U.S. 4th Circuit Court of Appeals

Afeta v. Gonzales (10/26/06 - No. 05-1174)
Order of removal, based on petitioner's status as an alien convicted of an aggravated felony and two crimes involving moral turpitude, is affirmed over claim of petitioner, an Ethiopian national, that he automatically became a citizen as a minor when his mother was naturalized.
http://caselaw.lp.findlaw.com/data2/circs/4th/051174p.pdf

U.S. 5th Circuit Court of Appeals

US v. Zamora-Vallejo (10/23/06 - No. 05-40092)
A sentence for being in the U.S. illegally after having been deported is vacated and remanded where the district court's decision to run defendant's sentences consecutively for crimes that were unrelated yet triggered by the same conduct did not demonstrate beyond a reasonable doubt that the sentence would have been the same under an advisory, as opposed to mandatory, Sentencing Guidelines scheme.
http://caselaw.lp.findlaw.com/data2/circs/5th/0540092cr0p.pdf

Tesfamichael v. Gonzales (10/24/06 - No. 04-61180)
A petition for review of a decision denying petitioners asylum, individually and as a married couple, from Eritrea and Ethiopia is denied where there was no error as to the resolution of either their individual claims for asylum, or their claim for asylum on the basis that they will be separated if removed to their respective countries, which are in a state of conflict.
http://caselaw.lp.findlaw.com/data2/circs/5th/0461180cv1p.pdf

Smith v. Gonzales (10/24/06 - No. 06-60020)
Petition for review of a dismissal by the BIA of petitioner's appeal from a decision denying his application for the discretionary relief of cancellation of removal is vacated and remanded where petitioner's state conviction for criminal sale of marijuana in the fourth degree did not qualify as an "aggravated felony" under the Immigration and Nationalization Act (INA) for purposes of barring discretionary relief.
http://caselaw.lp.findlaw.com/data2/circs/5th/0660020cv0p.pdf

U.S. 6th Circuit Court of Appeals

Ramaj v. Gonzales (10/24/06 - No. 05-3531)
A petition for review of a denial of an application for asylum and withholding of removal based on alleged persecution in Albania is denied where: 1) an adverse credibility determination did not constitute reversible error; 2) there was a sufficient basis for the exclusion of certain documents; and 3) substantial evidence supported a conclusion that changed country conditions refuted any presumption of a well-founded fear of future persecution, and thus, any errors on the issues of credibility and certain documents were harmless.
http://caselaw.lp.findlaw.com/data2/circs/6th/053531p.pdf

U.S. 7th Circuit Court of Appeals

Balliu v. Gonzales (10/27/06 - No. 04-1468)
In an asylum case involving a claim that Serbian officials persecuted petitioner in retaliation for his participation in a pro-Albanian political organization, a petition for review of an order of removal is granted where the immigration judge misallocated the burden of demonstrating a well-founded fear of future persecution.
http://caselaw.lp.findlaw.com/data2/circs/7th/041468p.pdf

U.S. 9th Circuit Court of Appeals

Fernandez-Ruiz v. Gonzales (10/26/06 - No. 03-74533)
The en banc court rules that petitioner is not removable for his 2003 Arizona conviction for domestic violence since it was not a "crime of domestic violence" under a federal statute that triggers removal of a legally admitted resident alien from the U.S., and the matter is returned to the original panel for resolution of the remaining issues.
http://caselaw.lp.findlaw.com/data2/circs/9th/0374533p.pdf

U.S. 11th Circuit Court of Appeals

Mingkid v. U.S. Attorney Gen. (10/26/06 - No. 05-14484)
Denials of applications for asylum and withholding of removal, and finding pplications were frivolous, are vacated where: 1) the frivolity determination was not based on a specific finding that petitioners deliberately fabricated a material element of their applications; and 2) petitioners were not allowed a sufficient opportunity to account for the inconsistencies relied on by the IJ in making the frivolity determination.
http://caselaw.lp.findlaw.com/data2/circs/11th/0514484p.pdf

Here are some of the cases which were decided in Federal Court between 10/16/06 and 10/20/06 which affect immigration law.

U.S. 7th Circuit Court of Appeals

Ahmed v. Gonzales (10/16/06 - No. 05-3965)
Petition for review of an IJ's decision that did not address a family-based visa petition that had been filed in petitioner's case, and that petitioner alleged grandfathered him under section 245(i) of the Immigration and Nationality Act, is granted where: 1) the court has jurisdiction to review a discretionary decision that would, without stated reasons consistent with the statute, operate to prevent an alien from pursuing statutory rights; and 2) petitioner was correct that the family-based petition grandfathered him under the INA.
http://caselaw.lp.findlaw.com/data2/circs/7th/053965p.pdf

US v. Roche-Martinez (10/19/06 - No. 05-4618)
Conviction and sentence for being in the US after being deported following a conviction for an aggravated felony is affirmed where: 1) unlawful entry into the home of a criminal defendant does not make the defendant's subsequent detention unlawful, or the evidence collected during the detention inadmissible, if probable cause existed to arrest the defendant; and 2) defendant's sentence was not unreasonable.
http://caselaw.lp.findlaw.com/data2/circs/7th/054618p.pdf

Chakir v. Gonzales (10/19/06 - No. 05-3948)
Petition for review of denial of asylum application is denied where: 1) petitioner's contention that he was denied a reasonable opportunity to present his evidence failed because he did not show any prejudice resulting from the IJ's conduct during the asylum hearing; and 2) petitioner did not establish that he has a well-founded fear of future persecution.
http://caselaw.lp.findlaw.com/data2/circs/7th/053948p.pdf

U.S. 9th Circuit Court of Appeals

US v. Nguyen (10/18/06 - No. 06-30011)
A conviction under 8 U.S.C. section 1253(b) for willful failure to comply with a term of release under supervision -- which required that he not "commit any crimes" -- is reversed where defendant's misdemeanor nolo contendere convictions were legally insufficient to support his conviction under section 1253(b), and moreover, the convictions should not have been admitted under Rules 410, 803(22), or 803(8) for the purpose of proving that he actually committed the underlying crimes charged.
http://caselaw.lp.findlaw.com/data2/circs/9th/0630011p.pdf

Velazquez-Herrera v. Gonzales (10/19/06 - No. 04-72417)
A petition for review of a decision of the BIA -- finding that petitioner's conviction under Washington's fourth degree assault statute constituted a crime of child abuse under 8 U.S.C. section 1227(a)(2)(E)(i), thus making him removable and ineligible for discretionary relief -- is granted, and the matter remanded to the BIA so that it may issue a precedential decision defining what constitutes a crime of child abuse for purposes of section 1227(a)(2)(E)(i) and apply that definition to petitioner's conviction in accordance with Taylor v. United States, 495 U.S. 575 (1990).
http://caselaw.lp.findlaw.com/data2/circs/9th/0472417p.pdf

U.S. 11th Circuit Court of Appeals

Mezvrishvili v. U.S. Attorney Gen. (10/17/06 - No. 06-11668)
Denial of application for asylum, filed by citizen of Republic of Georgia who was a Jehovah's Witness and who alleged he suffered past persecution for his religious beliefs, is vacated where the BIA and IJ failed to give reasoned consideration to the application and make adequate findings.
http://caselaw.lp.findlaw.com/data2/circs/11th/0611668p.pdf

Here are some of the cases which were decided in Federal Court between 10/09/06 and 10/13/06 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Shao vs Board of Immigration Appeals (10/12/06 - No. 04-3965)
Denial of application for asylum and other relief, based on finding that petitioner's testimony on his fear of persecution was not credible, is vacated and remanded for the BIA to decide in the first instance whether a person who fathers or gives birth to two or more children in China, in apparent violation of China's family planning policies, may qualify on that basis alone as a person who has a well founded fear that he or she will be forced by the Chinese government to abort a pregnancy or to undergo involuntary sterilization and may accordingly qualify as a refugee.
http://caselaw.lp.findlaw.com/data2/circs/2nd/043965p.pdf

US v. Pereira (10/13/06 - No. 05-5969)
Sentence to non-Guidelines term of imprisonment of 62 months and three years supervised release, after guilty plea to illegally reentering the U.S. after having been deported following a 1998 conviction for commission of an aggravated felony, is affirmed over principal claim that the district court, when calculating the applicable sentence range under U.S.S.G. section 2L1.2, improperly increased defendant's offense level on the basis of the 1998 conviction, for which he was adjudicated a youthful offender under New York State law.
http://caselaw.lp.findlaw.com/data2/circs/2nd/055969p.pdf

U.S. 5th Circuit Court of Appeals

US v. Hernandez-Rodriguez (10/10/06 - No. 05-51429)
The offense of "deadly conduct," as defined in Tex. Penal Code Ann. section 22.05(b)(1), constitutes a crime of violence for purposes of sentence enhancement under U.S.S.G. section 2L1.2(b). A sentence for illegal reentry is affirmed over claims that: 1) the district court erred in finding that a Texas conviction for deadly conduct triggered a 16-level crime-of-violence adjustment under the guidelines; and 2) that, in light of Apprendi, his section 1326 sentence was limited to a maximum two years of imprisonment.
http://caselaw.lp.findlaw.com/data2/circs/5th/0551429cr0p.pdf

Here are some of the cases which were decided in Federal Court between 10/02/06 and 10/06/06 which affect immigration law.

U.S. 3rd Circuit Court of Appeals

Joseph v. Att'y Gen. of the U.S. (10/02/06 - No. 05-1047)
Petition for review of denial of withholding of removal is granted and the matter remanded to the BIA where defendant's 18 U.S.C. section 922(a)(3) conviction for transporting firearms across state lines was not an aggravated felony of "illicit trafficking in firearms" under 8 U.S.C. section 1101(a)(43)(C).
http://caselaw.lp.findlaw.com/data2/circs/3rd/051047p.pdf

U.S. 5th Circuit Court of Appeals

Amouzadeh v. Winfrey (10/05/06 - No. 04-50903)
Unlawful procurement of naturalization in violation of 18 U.S.C. section 1425(a) is a crime involving moral turpitude under section 237(a)(2)(A)(ii) of the Immigration and Naturalization Act (INA), as amended.
http://caselaw.lp.findlaw.com/data2/circs/5th/0450903cv0p.pdf

U.S. 6th Circuit Court of Appeals

Pickering v. Gonzales (10/04/06 - No. 03-3928)
Petition for review of a BIA order permanently barring petitioner from the US is granted and the matter remanded to the BIA with orders to quash an order of deportation and terminate deportation proceedings where the INS did not prove that a Canadian court quashed the petitioner's drug conviction solely to avoid adverse immigration consequences.
http://caselaw.lp.findlaw.com/data2/circs/6th/033928p.pdf

U.S. 7th Circuit Court of Appeals

Sepulveda v. Gonzales (10/02/06 - No. 05-4035)
Petition for review of the denial of an asylum application by a former employee of the Colombian Attorney General's office is granted and the matter remanded for further proceedings where the petitioner was a member of a distinct social group, but had not yet established a reasonable fear of being persecuted if he returns to Colombia.
http://caselaw.lp.findlaw.com/data2/circs/7th/054035p.pdf

Petrov v. Gonzales (10/06/06 - No. 05-4696)
Petition for review of denial of withholding of removal is dismissed for lack of jurisdiction where: 1) the decision whether the petitioner's conviction was for a "particularly serious" crime is discretionary and not subject to review; 2) petitioner's conviction was for an aggravated felony, which blocks review of the removal order; 3) the aggravated felony rule contains no exception for claims under the Convention Against Torture; and 4) there were no legal or constitutional claims that would give the court jurisdiction.
http://caselaw.lp.findlaw.com/data2/circs/7th/054696p.pdf

U.S. 9th Circuit Court of Appeals

Mendez-Alcaraz v. Gonzales (10/02/06 - No. 04-74268)
Denial of motion for reconsideration of deportation order is affirmed where the motion was untimely and petitioner was not entitled to equitable tolling.
http://caselaw.lp.findlaw.com/data2/circs/9th/0474268p.pdf

Bazua-Cota v. Gonzales (10/03/06 - No. 06-70717)
Petition for review of BIA's final order of removal is dismissed where the court lacks jurisdiction to review the BIA's discretionary denial of adjustment of status.
http://caselaw.lp.findlaw.com/data2/circs/9th/0670717p.pdf

Cisneros-Perez v. Gonzales (10/04/06 - No. 04-71717)
Petition for review of an IJ decision that petitioner was ineligible for cancellation of removal because of a battery conviction is granted and the case remanded for further proceedings where there was insufficient documentation to establish that petitioner's prior conviction was necessarily a crime of domestic violence.
http://caselaw.lp.findlaw.com/data2/circs/9th/0471717p.pdf

U.S. 10th Circuit Court of Appeals

Brue v. Gonzales (10/06/06 - No. 05-9569)
A petition for review of a final order of removal made pursuant to a finding that petitioner was an alien and removable because he committed an aggravated felony is denied over claims that: 1) because he met the statutory requirements for naturalization when his adoptive parents tendered an application on his behalf, he automatically acquired citizenship and was not subject to removal; 2) removal proceedings violated his Fifth Amendment due process rights because he was mentally incompetent; and 3) the agency failed to consider the appropriate factors when finding that he had committed a "particularly serious crime."
http://laws.lp.findlaw.com/10th/059569.html

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