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2011 - 2009

  • CA11 Upholds Denial of Chinese Asylum Claim(509 KB - 12/27/2011)
    The court found that the BIA set forth specific, cogent reasons for making an adverse credibility finding against the petitioner, who had applied for asylum based on his wife’s forced sterilization. (Chen v. U.S. Att’y Gen., 12/27/11)
    AILA Doc. No. 11122735.
  • CA11 on Res Judicata and Expanded Definition of Aggravated Felony(124 KB - 12/23/2011)
    The court found that res judicata did not bar new removal proceedings where Congress had amended the INA to add a new ground of removability not available to the government during prior proceedings against the petitioner. (Maldonado v. U.S. Att’y Gen., 12/22/11)
    AILA Doc. No. 11122330.
  • CA11 Vacates Denial of FGM Asylum Claim from Senegal(552 KB - 12/12/2011)
    The court found that the BIA failed to give reasoned consideration to Petitioner’s claim when it found she could relocate within Senegal to avoid being beaten or killed for attempting to protect her U.S. citizen daughter from FGM. (Seck v. U.S. Att’y Gen, 12/8/11)
    AILA Doc. No. 11121248.
  • CA11 Says 5-Year Limitation under INA §246 Does Not Apply to Removal Proceedings(119 KB - 10/28/2011)
    The court found that INA §246, limiting rescission of an erroneously granted adjustment of status to the five year period after adjustment is granted, applies only to rescission and not to the initiation of removal proceedings. (Alhuay v. U.S. Att’y Gen., 10/26/11)
    AILA Doc. No. 11102864.
  • CA11 Blocks Much of Alabama HB56 (Updated 8/22/12) (8/22/2012)
    CA11 blocked many of the key provisions in Alabama’s HB56, though it found that the U.S. was not likely to succeed on the merits of its challenges to sections 12(a), 18, or 30 at this time. (U.S. v. Alabama and HICA v. Bentley-Order, 8/21/12)
    AILA Doc. No. 11092842.
  • CA11 Rejects Silva-Trevino Analysis for Determining CIMTs(109 KB - 10/13/2011)
    The court held that the BIA and the IJ erred in considering evidence beyond the record of conviction to determine that Petitioner’s conviction for false imprisonment under Florida law was a crime involving moral turpitude. (Fajardo v. U.S. Att’y Gen., 10/12/11)
    AILA Doc. No. 11101331.
  • CA11 Says No §245(a) Adjustment for TPS Beneficiaries Who Enter without Inspection(67 KB - 9/19/2011)
    The court affirmed the district court’s ruling that an alien who enters the United States without inspection is ineligible for adjustment of status under INA §245(a) even if granted temporary protected status under INA §244. (Serrano v. U.S. Att’y Gen., 9/16/11)
    AILA Doc. No. 11091960.
  • CA11 Upholds Adverse Credibility Determination in Venezuelan Asylum Case(95 KB - 9/6/2011)
    The court upheld the adverse credibility finding where Petitioner claimed to be present at a rally where his mother was killed but presented no evidence that he was politically active, at the rally, or detained and beaten after. (Carrizo v. U.S. Att’y Gen., 8/31/11)
    AILA Doc. No. 11090632.
  • CA11 on “Sought to Acquire” under the Child Status Protection Act(275 KB - 7/25/2011)
    The court found that the term “sought to acquire” lawful permanent residence within one year of a visa number becoming available is broad enough to encompass substantial steps taken toward the filing of the application. (Medina Tovar v. U.S. Att’y Gen., 7/19/11)
    AILA Doc. No. 11072569.
  • CA11 Rejects Ineffective Assistance Claim Where Counsel Conceded Removability(69 KB - 6/23/2011)
    The court held that substantial evidence supports the BIA’s finding that counsel made a reasonable strategic decision in conceding removability for Petitioner’s misrepresentation where Petitioner was eligible for §237(a)(1)(H) waiver. (Ali v. U.S. Att’y Gen., 6/22/11)
    AILA Doc. No. 11062360.
  • CA11 Remands for Modified Categorical Analysis(94 KB - 3/14/2011)
    The court held that a violation of 18 USC §892(a) for making an extortionate extension of credit, is not categorically an aggravated felony crime of violence under INA §101(a)(43)(F). (Accardo v. U.S. Att’y Gen., 3/10/11)
    AILA Doc. No. 11031431.
  • CA11 on Aggravated Felony Bar to §212(h) Waivers(55 KB - 2/7/2011)
    The bar to a §212(h) waiver for a person who has “previously been admitted” as an LPR and has been convicted of an aggravated felony since such admission, does not apply to persons who adjusted to LPR status in the U.S. (Lanier v. U.S. Att’y Gen., 2/4/11)
    AILA Doc. No. 11020761.
  • CA11 on Definition of “Conviction” Under INA §101(a)(48)(77 KB - 1/6/2011)
    Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)
    AILA Doc. No. 11010661.
  • CA11 Says No Judicial Review of Adjustment While Proceedings Are Pending(59 KB - 1/3/2011)
    The court held that the district court lacked jurisdiction under the Administrative Procedure Act to review the denial of Petitioner’s adjustment of status application, where Petitioner is currently in removal proceedings. (Ibarra v. Swacina, 12/28/10)
    AILA Doc. No. 11010365.
  • CA11 on Derivative Citizenship under Former INA §321(a)(96 KB - 12/27/2010)
    The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)
    AILA Doc. No. 10122744.
  • CA11 Remands Sexual Orientation Asylum Claim Where IJ Engaged in Stereotyping(83 KB - 12/20/2010)
    The court vacated and remanded a Serbian sexual orientation claim, finding that the IJ’s decision was impermissibly based on homosexual stereotypes, which precluded the court from engaging in meaningful appellate review. (Todorovic v. U.S. Att’y Gen., 9/27/10)
    AILA Doc. No. 10122072.
  • CA11 Requires Fact-Specific Inquiry to Rebut Past Persecution in Withholding Claim(105 KB - 9/24/2010)
    Whether a fundamental change has occurred to rebut past persecution for withholding of removal is a fact-specific inquiry, tailored to the petitioner’s claim. It is insufficient to rely on information about general country changes. (Imelda v. U.S. Att’y Gen., 7/12/10)
    AILA Doc. No. 10092473.
  • CA11 Discusses Post-Conclusion Voluntary Departure(85 KB - 9/24/2010)
    An alien is not precluded from post-conclusion voluntary departure under INA §240B(b)(1), where the request is raised for the first time after IJ issuance of the removal order, but prior to the conclusion of the hearing. (Alvarado v. U.S. Att’y Gen., 07/08/10)
    AILA Doc. No. 10092471.
  • CA11 Remands Finding No “Reason to Believe” Petitioner Was a Drug Trafficker(707 KB - 8/2/2010)
    The court held that a vacated conviction that was based on a guilty plea combined with hearsay statements from police reports did not provide enough reason to believe that the petitioner trafficked in a controlled substance. (Garces v. U.S. Att’y Gen., 07/27/10)
    AILA Doc. No. 10080262.
  • CA11 on Status Investigation Pursuant to I-130 Petition AER(144 KB - 7/15/2010)
    CA11 found that immigration authorities, with the information provided by respondent’s wife through an Additional Evidence Request (AER) to a I-130 petition, acted with reasonable diligence in investigating respondent’s status. (United States v. Garcia, 5/21/10)
    AILA Doc. No. 10071566.
  • CA11 Remands Sexual Assault and Orientation Asylum Case(286 KB - 7/15/2010)
    CA11 remanded asylum case, finding that BIA did not explain whether the sexual assault that respondent described rose to the level of persecution and instead relied on an alleged finding that the IJ, in fact, never made. (Ayala v. U.S. Attorney General, 05/07/10)
    AILA Doc. No. 10071565.
  • CA11 Determines Approved I-140 Did Not Make Petitioner Lawful Resident under § 212(h)(57 KB - 4/6/2010)
    CA11 denied petition finding petitioner statutorily eligible for a § 212(h) waiver of inadmissibility because his approved I-140 visa petition did not make him a lawful resident under § 212(h). (Vila v. U.S. Attorney General, 3/10/10)
    AILA Doc. No. 10040670.
  • CA11 Remands Asylum Case Based on Analysis of In-Person Credible Death Threat(74 KB - 4/6/2010)
    CA11 vacated and remanded asylum case, finding that a credible death threat made in person by one with the ability to carry out that threat rises to the level of persecution. (Diallo v. Holder, 2/19/10)
    AILA Doc. No. 10040665.
  • CA11 Affirms Denial of Motions to Suppress Evidence of Immigration Status Obtained in Police Custody(131 KB - 7/7/2009)
    The court affirms denial of motions to suppress statements regarding the foreign national’s immigration status made to an ICE agent while in police custody after being arrested on unrelated drug charges, and to suppress documentary evidence. (United States v. Lopez-Garcia, 4/21/09)
    AILA Doc. No. 09070763.
  • CA11 Finds Petitioner Convicted after Trial Does Not Satisfy St. Cyr’s Reliance Requirement(125 KB - 5/7/2009)
    The court holds that reliance is a component of the retroactivity analysis as it applies to aliens, deportable for criminal offenses, who wish to show that IIRIRA’s repeal of § 212(c) has an impermissible retroactive effect. (Ferguson v. U.S. Attorney General, 3/31/09)
    AILA Doc. No. 09050768.
  • CA11 Finds District Court Has Jurisdiction to Review Denial of TPS Application(283 KB - 3/18/2009)
    CA11 concludes district ct. had jurisdiction and finds that a decision on TPS eligibility is not designated as within discretion of the DHS Secretary, and that AAO’s dismissal of the appeal was a final agency action, thus all administrative appeals were exhausted. (Rodriguez v. DHS, 3/16/09)
    AILA Doc. No. 09031869.
  • CA11 Discusses What Rises to Persecution(58 KB - 3/13/2009)
    CA11 found no jurisdiction to review untimely filed asylum applications. Being forced to pay for government-provided education, or evidence that activists with similar political views were arrested and detained, did not rise to the level of persecution. (Lei v. Attorney General, 11/20/08)
    AILA Doc. No. 09031375.
  • CA11 Determines Whether Procedural Errors Are Prejudicial, Sets Standards to Prove Torture(68 KB - 3/13/2009)
    CA11 held it can review due process violations, but petitioner failed to establish that the outcome of his removal hearing would have been different. Applicants have to prove torture by the government to be eligible for withholding of removal under CAT. (Gardner v. Attorney General, 12/04/08)
    AILA Doc. No. 09031370.