Set Text Size:

S

S

S

2006

  • CA11 Overturns IJ’s Finding that Asylum Applications Were Frivolous (11/30/2006)
    The court determined that an IJ has authority to enter a ruling of frivolousness for an asylum application that has been found to be untimely filed, and concluded that the IJ and BIA failed to provide an opportunity to address inconsistencies. (Mingkid v. U.S. Atty. Gen., 10/26/06)
    AILA Doc. No. 06113061.
  • CA11 Remands Religious Persecution Claim of Jehovah’s Witness from Georgia (11/10/2006)
    The court found that the IJ and BIA did not give reasoned consideration to the claim and did not make adequate findings regarding the level and relevance of the Petitioner's knowledge of the tenets of his faith. (Mezvrishvili v. U.S. Atty. Gen., 10/17/06)
    AILA Doc. No. 06111017.
  • CA11 Finds that IJ Can Reopen Proceedings After Removal (10/24/2006)
    The court held that even though Petitioner had already been removed, the IJ retained jurisdiction to reopen in absentia proceedings to address whether Petitioner had received notice of the hearing. (Contreras-Rodriguez v. U.S. Att’y Gen., 08/29/06)
    AILA Doc. No. 06102461.
  • CA11 Finds Exhaustion Necessary for Issues Raised Sua Sponte by BIA (10/17/2006)
    The court refused to review a claim that had not been presented to the BIA, even though the BIA has considered it sua sponte. The court held that the exhaustion doctrine exists to avoid premature interference with administrative processes. (Amaya-Artunduaga v. U.S. Atty. Gen., 9/11/06)
    AILA Doc. No. 06101761.
  • CA11 Finds Jurisdiction to Review Continuance Denial (10/17/2006)
    CA11 held that the discretionary bar to judicial review at INA §242(a)(2)(B)(ii) did not apply because denials of motions to continue are not statutorily-proscribed discretionary acts ‘specified under [the relevant] subsection’ to the Attorney General.” (Zafar v. US Att’y Gen., 08/24/06)
    AILA Doc. No. 06101760.
  • CA11 Finds IJ May Rely on Irrelevant Inconsistencies under REAL ID Act (10/12/2006)
    CA11 dismissed the argument that inconsistencies cited by the IJ for a negative credibility determination were “trivial” and “irrelevant.” It found that, under the REAL ID Act, a credibility determination can be based on “any inaccuracies or falsehoods.” (Chen v. U.S. Atty. Gen., 9/8/06)
    AILA Doc. No. 06101261.
  • CA11 BIA Erred in Denying Motion to Reopen Colombian Asylum Case (8/28/2006)
    The court found that the evidence in the motion to reopen was unavailable at the time of Petitioner's previous hearing and called into question the credibility of a witness who was material to the IJ’s assessment of her claim. (Verano-Velasco v. U.S. Atty. Gen., 7/24/06)
    AILA Doc. No. 06082869.
  • CA11 Holds BIA Abused its Discretion in Summarily Dismissing Appeal (8/15/2006)
    The court held that where the notice of appeal sets forth its basis, the BIA erred in summarily dismissing it solely because Petitioners indicated that they would file a supporting brief, but failed to do so or offer an explanation for not doing so. (Esponda v. U.S. Att’y Gen., 06/28/06)
    AILA Doc. No. 06081569.
  • CA11 Reverses District Court’s Award of EAJA Fees and Costs (8/11/2006)
    The court held that where a lawsuit acts as a “catalyst,” prompting the government to act, and resulting in dismissal of the case, the plaintiffs were not “prevailing parties” entitled to an award of costs and attorney’s fees under EAJA. (Morillo-Cedron v. District Director, 06/21/06)
    AILA Doc. No. 06081161.
  • CA11 Holds a Timely Filed Motion to Reopen Tolls Voluntary Departure Period (8/11/2006)
    The court held that a timely filed motion to reopen tolls the period of voluntary departure to afford the opportunity for a ruling on the merits of the motion, without jeopardizing eligibility for benefits sought by overstaying the voluntary departure period. (Ugokwe v. Att’y Gen., 06/28/06)
    AILA Doc. No. 06081160.
  • CA11 Discusses Meaning of “Lawfully Admitted” in the 212(c) Context (7/31/2006)
    CA11 held that Petitioner was not eligible under INA §212(c) because he was not “lawfully admitted” for permanent residence when INS erroneously granted his adjustment of status application in spite of his conviction involving a controlled substance. (Savoury v. U.S. Att’y Gen., 05/25/06)
    AILA Doc. No. 06073161.
  • CA11 Holds Five-Day Detention of Falun Gong Member Not Persecution (7/28/2006)
    The court found that although under certain circumstances detention may rise to the level of persecution, Petitioner’s 5-day detention during which he was unharmed did not compel the conclusion that Petitioner suffered past persecution. (Zheng v. U.S. Atty. Gen., 6/14/06)
    AILA Doc. No. 06072863.
  • CA11 Finds Colombian Failed to Show Persecution “On Account of” Political Opinion (6/19/2006)
    The court held that, viewed in the light most favorable to the findings of fact of the IJ, the record did not compel a finding that Petitioner suffered past persecution on account of her political activity. (Silva v. U.S. Atty. General, 5/5/06)
    AILA Doc. No. 06061968.
  • CA11 Finds IJ Failed to Give Reasoned Decision in Asylum Claim (6/5/2006)
    The court held that the IJ failed to render a reasoned decision in light of Petitioner’s credible testimony and other evidence submitted. (Tan v. U.S. Atty. Gen., 5/1/06)
    AILA Doc. No. 06060568.
  • CA11 Upholds Denial of Asylum, Withholding and CAT Claims (5/22/2006)
    CA11 found jurisdiction to hear the appeal because one of the convictions was vacated based on a finding that his rights were violated, but held it lacked jurisdiction to review the asylum claim due to the one-year deadline. (Alim v. Gonzales, 4/19/06)
    AILA Doc. No. 06052290.
  • CA11 Concludes Informants Are Not a Particular Social Group (5/22/2006)
    CA11 applied Chevron deference to the BIA’s definition of particular social group, and upheld the BIA’s holding that non-criminal defendants working against the Cali cartel in Colombia are not a particular social group for asylum purposes. (Castillo-Arias v. Gonzales, 4/20/06)
    AILA Doc. No. 06052264.
  • CA11 Strikes Down Regulation Barring Parolees Who Are “Arriving Aliens” From Adjusting While In Removal Proceedings. (4/17/2006)
    CA11 has joined the First, Third and Ninth Circuits, and struck down 8 C.F.R. § 1245.1(c)(8) because it violates INA §245(a). (Scheerer v. U.S. Attorney General, 4/13/06)
    AILA Doc. No. 06041710.
  • CA11 Holds DHS Failed to Meet Its Burden of Showing Relocation Within Colombia Was Reasonable for Family Fleeing the FARC (2/8/2006)
    The court found that the burden was on DHS to show that internal relocation was reasonable because the BIA presumed past persecution, and concluded that the record compelled a finding that the FARC operates country-wide. (Arboleda v. U.S. Atty. Gen., 1/3/06)
    AILA Doc. No. 06020869.