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2004 - 2003

  • CA1 On Habeas Review of Derivative Citizenship Claims (11/22/2004)
    The court held that petitioner’s derivative citizenship claim was procedurally defaulted because petitioner could have -- but did not -- seek direct review of the claim in the court of appeals. (Rivera-Martinez v. Ashcroft, 11/4/04) AILA Doc. No. 04112264
    AILA Doc. No. 04112264.
  • CA1 Dismisses Untimely Petition for Review in Reinstatement Case (10/29/2004)
    The court dismissed the late-filed petition for review of a reinstatement order for lack of jurisdiction, noting that a separate petition for review would be appropriate if DHS denied Petitioner’s motion to reconsider. (Ponta-Garca v. Ashcroft, 10/20/04) AILA Doc. No. 04102911.
    AILA Doc. No. 04102911.
  • CA1 on Retroactive Effect of Reinstatement Provision (10/7/2004)
    The court held that application of the reinstatement provisions under INA §241(a)(5) would not have impermissible retroactive effect because Petitioner was not eligible for adjustment of status before it took effect. (Lattab v. Ashcroft, 9/14/04) AILA Doc. No. 04100764.
    AILA Doc. No. 04100764.
  • CA1 Finds Exhaustion Under INA §242(d) Applies to Habeas Actions (9/14/2004)
    The court found that INA §242(d), which bars review of a final order unless the alien has exhausted all administrative remedies, applies to habeas corpus actions. (Sayyah v. Farquharson, 8/30/2004) AILA Doc. No. 04091413.
    AILA Doc. No. 04091413.
  • CA1 Vacates BIA Denial of Motion to Reconsider (9/13/2004)
    The court found that the BIA's erroneous mailing of the transcript and briefing schedule to an incomplete address deprived petitioner of an opportunity to have his appeal briefed. (Hossain v. Ashcroft, 8/19/04). AILA Doc. No. 04091361.
    AILA Doc. No. 04091361.
  • CA1 on Jurisdiction Over IIRIRA Transitional Rule Cases (7/26/2004)
    In transitional rule cases, judicial review is not barred by IIRIRA §309(c)(4)(G) unless the individual is charged with a criminal offense referenced in that section and is found deportable based on the offense. (Hernandez-Barrera v. Ashcroft, 6/9/2004) AILA Doc. No. 04072674.
    AILA Doc. No. 04072674.
  • CA1 Refuses to Apply Reinstatement of Voluntary Departure Retroactively (7/26/2004)
    The court found that it’s prior decision reinstating voluntary departure ddoes not apply to retroactively to cure an overstay and affirmed the BIA’s denial of adjustment of status. (Khalil v. Ashcroft, 6/3/2004) AILA Doc. No. 04082666.
    AILA Doc. No. 04072666.
  • CA1 Rejects Ineffective Assistance of Counsel Claim (5/11/2004)
    The court rejected Petitioner’s ineffective assistance of counsel claim as inadequate where Petitioner’s affidavit did not adequately describe the scope of the attorney-client agreement. (Wang v. Ashcroft, 5/5/04) AILA Doc. No. 04051162.
    AILA Doc. No. 04051162.
  • CA1 Upholds Chinese One-Child Policy Asylum Denial (4/12/2004)
    The court affirmed the IJ’s findings of adverse credibility and that a certificate submitted by Petitioner purporting to prove a forced abortion was fraudulent. (Qin v. Ashcroft, 3/15/04) AILA Doc. No. 04041261.
    AILA Doc. No. 04041261.
  • CA1 Denies Asylum and Withholding Based on Firm Resettlement (3/4/2004)
    The court found that the government established firm resettlement through the submission of a Venezuelan residency stamp in Petitioner’s passport and evidence that Venezuela had twice honored the stamp and admitted Petitioner. (Salazar v. Ashcroft, 2/26/04) AILA Doc. No. 04030461.
    AILA Doc. No. 04030461.
  • CA1 on Exclusionary Rule in Immigration Proceedings (3/1/2004)
    The court refused to suppress Form I-213, Record of Deportable Alien, rejecting Petitioner's claim that the I-213 was completed by INS as fruit of Fourth and Fifth Amendment violations, as well as in violation of INS regulations. (Navarro-Chalan v. Ashcroft, 02/25/04) AILA Doc. No. 04030168.
    AILA Doc. No. 04030168.
  • CA1 Admits Government’s Unauthenticated Documents (1/30/2004)
    The court found admissible documents which purported to show that Petitioner applied for asylum in Germany because “authentication requires nothing more than proof that the document or thing is what it purports to be.” (Yongo v. Ashcroft, 01/14/04) AILA Doc. No. 04013091.
    AILA Doc. No. 04013091.
  • CA1 Upholds BIA Denial of Motion to Reopen Based on Prior Fraud (12/23/2003)
    The court found that the BIA was within its discretion to deny a motion to reopen for adjustment of status even if Petitioner proved his third marriage was genuine, where evidence indicated that two prior marriages were fraudulent. (Krazoun v. Ashcroft, 11/25/03) AILA Doc. No. 03122330.
    AILA Doc. No. 03122330.
  • CA1 Finds AWO Provides Inadequate Basis for Review (12/23/2003)
    The court remanded the BIA’s affirmance without opinion, finding insufficient information to determine if the BIA affirmed the IJ’s decision based on a reviewable or nonreviewable ground. (Haoud v. Ashcroft, 11/25/03) AILA Doc. No. 03122328.
    AILA Doc. No. 03122328.
  • CA1 Refuses to Apply INA §241(a)(5) Retroactively (10/14/2003)
    The court held that reinstatement of removal under INA §241(a)(5) could not be applied retroactively to Petitioner, who applied for relief before IIRIRA’s effective date. (Arevalo v. Ashcroft, 8/29/03) AILA Doc. No. 03101410.
    AILA Doc. No. 03101410.
  • CA1 Finds Travel Act Violation is a Controlled Substance Offense (10/10/2003)
    The court held that a conviction under the Travel Act referencing “a business enterprise involving cocaine” was a violation of a law “relating to” a controlled substance under INA §237(a)(1)(A). (Urena-Ramirez v. Ashcroft, 8/22/03) AILA Doc. No. 03101014.
    AILA Doc. No. 03101014.