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2005

  • CA11 Says it Has Jurisdiction to Review Continuance Denial (10/25/2005)
    The court found the discretionary bar to judicial review at INA §242(a)(2)(B)(ii) did not apply “[b]ecause denials of motions to continue are not statutorily-proscribed discretionary acts ‘specified under this subsection’ to the Attorney General.” (Zafar et al. v. US Attorney General, 9/27/05).
    AILA Doc. No. 05102561.
  • CA11 Address Citizenship Issues (10/24/2005)
    The court held that citizenship is not conferred until the oath of allegiance is taken; and assuming equitable estoppel can be asserted against the INS, its failure to rule on Petitioner’s naturalization application within 120 days as required by 8 C.F.R. §335.3(a) did not rise to the level of affirmative misconduct. (Tovar-Alvarez, 10/13/05). AILA Doc. No. 05102463.
    AILA Doc. No. 05102463.
  • CA11 Eleventh Circuit Finds No Jurisdiction to Review Whether Petitioner Met an Exception to the One Year Asylum Deadline (10/24/2005)
    Agreeing with the Seventh Circuit’s decision in Vasile v. Ashcroft, the court found the timeliness of an asylum application is not a legal or constitutional question which new INA §242(a)(2)(D) authorizes it to review. (Botero v. U.S. Attorney General, 10/6/05). AILA Doc. No. 05102460.
    AILA Doc. No. 05102460.
  • CA11 Upholds Adverse Credibility Finding in Haitian Asylum Case (10/17/2005)
    The Court found that substantial evidence supported the IJ’s decision to deny asylum, withholding of removal and CAT protection. The Court held that Petitioner’s testimony was “too general” and failed to demonstrate a connection between the persecution and Petitioner’s political opinion. (Dolce, 9/6/05). AILA Doc. No. 05101762.
    AILA Doc. No. 05101762.
  • CA11 Agrees that Colombian Family Had No Credible Fear of FARC (10/17/2005)
    The Court found that Petitioners failed to show it was more likely than not that the FARC would harm them because of Petitioner father’s political activities. The Court found that there was no escalation beyond threats, the threats did not increase, nor did they show the government would torture them or acquiesce to torture. (Garcia-Reina, 9/8/05). AILA Doc. No. 05101761.
    AILA Doc. No. 05101761.
  • CA11 Upholds IJ’s Finding that Young Chinese Woman Fleeing an Arranged Marriage Was Not Eligible for Asylum (10/4/2005)
    The Court held that substantial evidence supported the IJ’s finding that Petitioner did not suffer past persecution when officials returned her to her home. The Court also upheld the IJ’s finding that she did not have a well-founded fear of being forced into an arranged marriage or being punished harshly for her illegal departure. (Chin, 8/24/05). AILA Doc. No. 05100462.
    AILA Doc. No. 05100462.
  • CA11 Finds Marriage and Pregnancy Do Not Constitute Changed Circumstances for MTR in Chinese Asylum Case (9/8/2005)
    The Court held the BIA did not abuse its discretion in denying Petitioner’s motion to reopen that was filed one day late. The Court also found that Petitioner’s marriage and his wife’s pregnancy did not occur in China, his country of nationality, and, therefore, did not qualify as a changed circumstances exception. (Zou v. Gonzales, 8/18/05). AILA Doc. No. 05090861.
    AILA Doc. No. 05090861.
  • CA11 Remands Case to Determine What Constitutes"Other Resistance" to China's One-Child Policy (8/16/2005)
    The Court affirmed the BIA’s decision that Petitioner was not subjected to forced sterilization, but remanded her claim for a determination on whether her actions resisting other forms of birth control could be construed as “other resistance” to China’s birth control policies. (Yang v. U.S. Atty. General, 7/29/05). AILA Doc. No. 05081660.
    AILA Doc. No. 05081660.
  • CA11 Lacks Jurisdiction Over NACARA AOS Denial (8/15/2005)
    The Eleventh Circuit held that the “clear language” of NACARA §202(f) barred it from reviewing a BIA decision reversing the IJ’s decision to grant Petitioner’s adjustment of status application. (Ortega v. Gonzales, 7/15/05). AILA Doc. no. 05081563.
    AILA Doc. No. 05081563.
  • CA11 Upholds IJ’s Findings that Albanian Asylum Seeker Suffered No Past Persecution and Has No Reasonable Fear of Future Persecution (7/13/2005)
    The Court found that Petitioner’s 2 to 3 hour detention, during which he was not physically harmed, as well as the extortion attempts against him, did not rise to the level of persecution. With regard to future persecution, the Court found that Petitioner had not shown that he would be targeted on account of a protected ground. (Kroi v. Gonzales, 6/29/05). AILA Doc. No. 05071363.
    AILA Doc. No. 05071363.
  • CA11 Finds It Has Jurisdiction to Review an Asylum Denial of a Visa Waiver Program (VWP) Applicant (6/15/2005)
    The Court raised the issue of jurisdiction sua sponte and found that it had jurisdiction to review the asylum denial of a VWP applicant, even though BIA had not issued a removal order. The Court, however, upheld the asylum denial, saying that the IJ’s negative credibility finding was supported by substantial evidence. (Nreka v. Gonzalez, 5/16/05). AILA Doc. No. 05061561.
    AILA Doc. No. 05061561.
  • CA11 Finds Colombian Asylum Applicant Failed to Establish Past Persecution (5/9/2005)
    Court found that substantial evidence supported the IJ’s findings that a restaurant bombing incident was not directed at Petitioner because of her political activity, and that menacing phone calls and threats did not rise to the level of persecution. The Court, however, disagreed with the IJ’s internal relocation finding.(Sepulveda v. U.S. Atty. General, 3/2/05). AILA Doc. No. 05050990.
    AILA Doc. No. 05050990.
  • CA11 Finds IJ’s Negative Credibility Determination in Haitian Asylum Claim is Supported by Substantial Evidence (4/6/2005)
    Court upholds negative credibility determination where the IJ offered specific, cogent reasons for disbelieving Petitioner and Petitioner failed to submit any corroborating evidence. In particular, the IJ relied on Petitioner’s testimony of several significant events that he failed to mention in his asylum application and at his asylum interview. (Forgue v. U.S. Atty. General, 3/7/05).
    AILA Doc. No. 05040664.
  • CA11 Says Denaturalization Required for Individual Who Committed Acts Underlying Drug Conviction Prior to Taking Oath of Allegiance (1/24/2005)
    The Court held that the district court properly found that Petitioner was required to be denaturalized due to his commission of a controlled substance/aggravated felony offense prior to taking the oath of allegiance, even though his actual conviction was not sought and sustained until later. (Jean-Baptiste v. United States, 01/04/05). AILA Doc. No. 05012464.
    AILA Doc. No. 05012464.