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2012

  • CA11 Strikes Down USCIS Policy of Limiting CAA Rollback Provision(566 KB - 11/19/2012)
    The court held that the USCIS practice of limiting the date of lawful permanent residence of a non-Cuban spouse based on the date of the marriage to a Cuban national is contrary to the Cuban Adjustment Act (CAA). (Silva-Hernandez v. USCIS, 11/13/12)
    AILA Doc. No. 12111942.
  • CA11 Denies Untimely Motion to Reopen Based on Ineffective Assistance of Counsel(1371 KB - 11/13/2012)
    The court upheld the BIA’s decision to deny the untimely motion to reopen based on ineffective assistance of counsel, and found the petitioner failed to demonstrate changed circumstances in gang violence in Honduras. (Ruiz-Turcios v. U.S. Att’y Gen., 11/8/12) AILA Doc. No. 12111362.
    AILA Doc. No. 12111362.
  • CA11 Holds Petitioner Must File for Adjustment with 212(h) Waiver(589 KB - 8/31/2012)
    The court held that a removable noncitizen is not eligible for a 212(h) waiver of inadmissibility if he remains in the U.S., but fails to apply for adjustment of status. (Poveda v. U.S. Att’y Gen., 8/27/12) AILA Doc. No. 12083145.
    AILA Doc. No. 12083145.
  • CA11 Issues Decision on Georgia HB 87(581 KB - 8/22/2012)
    The court upheld the district court’s injunction blocking Section 7 of Georgia’s immigration enforcement law, HB 87, but reversed the injunction blocking Section 8. (Georgia Latino Alliance for Human Rights v. Governor of Georgia, 8/20/12) AILA Doc. No. 12082253.
    AILA Doc. No. 12082253.
  • CA11 on Res Judicata and NTA Amendments(567 KB - 8/20/2012)
    The court found that res judicata did not bar proceedings against the respondent, and that DHS had the authority to change the designation of status on the NTA from “inadmissible” to “admitted but removable.” (Dormescar v. U.S. Att’y Gen., 8/15/12) AILA Doc. No. 12082044.
    AILA Doc. No. 12082044.
  • CA11 Finds No Jurisdiction to Review Good Moral Character Determination(523 KB - 8/15/2012)
    The court held that it lacked jurisdiction to review the denial of the petitioner’s request for cancellation because it was based on the BIA’s discretionary determination that the petitioner lacked good moral character. (Jimenez-Galicia v. U.S. Att’y Gen., 8/13/12) AILA Doc. No. 12081574.
    AILA Doc. No. 12081574.
  • CA11 Strikes Down Post-Departure Bar Regulation(515 KB - 5/29/2012)
    The court held that the departure bar in 8 C.F.R. § 1003.2(d), which prohibits the BIA from considering a motion to reopen filed by a noncitizen who is outside of the U.S., impermissibly conflicts with the INA § 240(c)(7)(A). (Lin v. U.S. Att’y Gen., 5/23/12) AILA Doc. No. 12052952.
    AILA Doc. No. 12052952.
  • CA11 Remands §209(c) Waiver Denial(537 KB - 5/22/2012)
    The court found that the IJ and BIA erred by failing to consider country conditions in Sudan and the hardship the petitioner would suffer if removed when they denied his waiver application under INA § 209(c). (Makir-Marwil v. U.S. Att’y Gen., 5/22/12) AILA Doc. No. 12052253.
    AILA Doc. No. 12052253.
  • CA11 Finds It Lacks Jurisdiction to Review Battered-Spouse Determination(531 KB - 5/18/2012)
    The court found that it lacked jurisdiction to review whether the petitioner was “battered or subjected to extreme cruelty” for the purposes of §240A(b)(2), holding that it is a discretionary determination. (Bedoya-Melendez v. U.S. Att’y Gen., 5/17/12) AILA Doc. No. 12051851.
    AILA Doc. No. 12051851.
  • CA11 Finds Petition for Review Untimely Where Court was “Accessible”(503 KB - 4/18/2012)
    The court found that they lacked jurisdiction to consider the petition for review, which was received 31 days after the BIA issued its order, because the Clerk’s office was accessible on the day the petition was due. (Lin v. U.S. Att’y Gen., 4/17/12) AILA Doc. No. 12041847.
    AILA Doc. No. 12041847.
  • CA11 on Right to Confidentiality in Asylum Proceedings(521 KB - 4/5/2012)
    The court affirmed the adverse credibility finding, and found the investigator’s disclosure of the petitioner’s name to a Ukrainian hospital administrator did not breach her right to confidentiality in the asylum process. (Lyashchynska v. U.S. Att’y Gen., 4/4/12). AILA Doc. No. 12040546.
    AILA Doc. No. 12040546.
  • CA11 Blocks Two Additional Provisions of Alabama HB 56(276 KB - 3/9/2012)
    The court issued an order temporarily enjoining Alabama from enforcing Section 27 and Section 30 of its immigration enforcement law, HB 56. AILA Doc. No. 12030961.
    AILA Doc. No. 12030961.