Set Text Size:

S

S

S

2013

  • CA1 Denies Asylum to Chinese Petitioner(474 KB - 12/30/2013)
    The court denied the petition to review, finding that petitioner did not establish past persecution, future persecution, nor a clear probability of future torture, based on his wife’s forced sterilization in China. (Wu v. Holder, 12/23/13)
    AILA Doc. No. 13123043.
  • CA1 Upholds Asylum Denial for Christian from Nigeria(481 KB - 12/26/2013)
    The court dismissed the motion to reopen as untimely and denied the motion to reconsider, finding no evidence of legal error, nor abuse of discretion. (Saka v. Holder, 12/23/13)
    AILA Doc. No. 13122606.
  • CA1 Upholds Asylum Denial for Greek Petitioner from Albania(474 KB - 12/26/2013)
    The court denied the claim for asylum, upholding the IJ and BIA conclusions that improved conditions in Albania rebutted the petitioner’s presumption of a well-founded fear of persecution based on either his democratic political opinion or Greek ethnicity. (Ruci v. Holder, 12/23/13)
    AILA Doc. No. 13122605.
  • CA1 Upholds Asylum Denial for Chinese Christian(471 KB - 12/20/2013)
    The court upheld the BIA’s conclusion that petitioner failed to establish prima facie eligibility for relief because the evidence in the motion to reopen did not show a reasonable likelihood that he would be individually targeted in China based upon his religion. (Wu v. Holder, 12/18/13)
    AILA Doc. No. 13122053.
  • CA1 Dismisses Motion to Reconsider for Lack of Jurisdiction(465 KB - 12/16/2013)
    The court found no jurisdiction to review a final order of the BIA refusing to reconsider a previous denial of a motion to reopen. (Charuc v. Holder, 12/6/13)
    AILA Doc. No. 13121644.
  • CA1 Finds BIA Applied “Stop-Time” Rule Correctly(467 KB - 12/4/2013)
    The court denied the petition for review, finding that the BIA’s correct application of the “stop-time” rule from the date of entry to the service of the Notice to Appear (NTA) precludes cancellation of removal relief. (Soto v. Holder, 12/3/13)
    AILA Doc. No. 13120442.
  • CA1 Declines to Review Cancellation Denial(470 KB - 12/2/2013)
    The court dismissed the petition, finding it lacked jurisdiction to review the BIA’s holding that petitioner’s second state conviction for possession of a controlled substance was an aggravated felony rendering her ineligible for cancellation under INA §240A. (Ortega v. Holder, 11/27/13)
    AILA Doc. No. 13120247.
  • CA1 Remands Pentecostal Russian Asylum Claim(528 KB - 11/18/2013)
    The court vacated and remanded, finding that the BIA erred when it found that the persecution the petitioner experienced in Russia was not “on account of” his Pentecostal faith. (Ivanov v. Holder, 11/5/13)
    AILA Doc. No. 13111802.
  • CA1 Upholds Adverse Credibility Finding for Guatemalan Petitioner(484 KB - 11/5/2013)
    The court denied the application for CAT relief and upheld the adverse credibility finding due to the Petitioner’s inconsistencies in his submissions and testimony. (Martinez v. Holder, 11/4/13)
    AILA Doc. No. 13110543.
  • CA1 Denies Asylum to Former 18th Street Gang Member from El Salvador(478 KB - 11/1/2013)
    The court denied the petition for review, upholding the BIA’s finding that membership in a violent criminal street gang cannot serve as the basis for protected-group status under the INA. (Cantarero v. Holder, 10/31/13)
    AILA Doc. No. 13110140.
  • CA1 Denies Withholding and CAT Relief to Ecuadorian National(473 KB - 10/28/2013)
    The court upheld the denials of the motions to reopen, agreeing with the BIA that the Petitioner failed to establish a statutorily protected ground of persecution and failed to demonstrate ineffective assistance of counsel. (Muyubisnay-Cungachi v. Holder, 10/25/13)
    AILA Doc. No. 13102848.
  • CA1 Denies Asylum and Withholding for Guatemalan National on Jurisdictional Issue(488 KB - 10/28/2013)
    The court held that the administrative exhaustion requirement is satisfied as to particular issues when the BIA addressed those claims on the merits, regardless of whether the petitioner himself raised them, and denied the petition for review. (Mazariegos-Paiz v. Holder, 10/25/13)
    AILA Doc. No. 13102847.
  • CA1 Denies Asylum to Petitioner Involved in Albania’s Democratic Party(485 KB - 10/17/2013)
    The court affirmed the final removal order, finding the BIA and IJ denial of the application for asylum was supported by substantial evidence, including evidence from DOS country reports of fundamental political changes in Albania. (Vasili v. Holder, 10/16/13)
    AILA Doc. No. 13101749.
  • CA1 Denies Withholding and CAT Relief to ICE Informant(476 KB - 10/7/2013)
    The court upheld the withholding and CAT denials, finding that “former ICE informants who have acted against Brazilian citizens resulting in their deportation” did not constitute a social group and that the persecution was on account of a personal vendetta. (Costa v. Holder, 10/4/13)
    AILA Doc. No. 13100707.
  • CA1 Denies Motion to Reopen for Chinese Christian(471 KB - 10/3/2013)
    The court denied the petition for review, finding that the BIA did not abuse its discretion in determining that the petitioner failed to demonstrate changed circumstances for unregistered Christian groups in China. (Zhao-Cheng v. Holder, 8/1/13)
    AILA Doc. No. 13100341.
  • CA1 on Post-Departure Bar(490 KB - 9/30/2013)
    Despite a delay in filing the MTR, the court vacated and remanded, holding that 8 CFR §1003.2(d) (the “post-departure bar”) conflicts with the unambiguous language of INA §240(c)(7) and cannot prevent a noncitizen from filing a MTR. (Bolieiro v. Holder, 9/27/13)
    AILA Doc. No. 13093005.
  • CA1 Holds Post-Departure Bar Cannot Prevent Noncitizen from Filing Motion to Reopen (MTR)(503 KB - 9/30/2013)
    The court vacated and remanded, holding that 8 CFR §1003.2(d) (the “post-departure bar”) conflicts with the unambiguous language of INA §240(c)(7) and cannot prevent a noncitizen from invoking his/her statutory right to file a MTR. (Perez Santana v. Holder, 9/27/13)
    AILA Doc. No. 13093004.
  • CA1 Upholds Denial of MTR for Chinese Christian in Indonesia(466 KB - 9/27/2013)
    The court found it was not an abuse of discretion for the BIA to deny the untimely motion, noting that although the petitioner submitted evidence of changed conditions in Indonesia, the information was available at the time of the hearing. (Lie v. Holder, 9/4/13)
    AILA Doc. No. 13092708.
  • CA1 Declines to Exercise Jurisdiction in Asylum Case(469 KB - 9/27/2013)
    Because it was unclear whether the BIA’s remand constituted a final order of removal and the petitioner subsequently filed a timely application for asylum, withholding and CAT relief, the court declined to exercise jurisdiction. (Cano-Saldarriaga v. Holder, 9/4/13)
    AILA Doc. No. 13092707.
  • CA1 Upholds Denial of Adjustment and Cancellation Due to Marriage Fraud(492 KB - 9/18/2013)
    The court held that the BIA did not err in finding that the petitioner materially misrepresented the circumstances of his marriage, and deemed the petitioner ineligible for adjustment of status and cancellation of removal. (Agyei v. Holder, 8/30/13)
    AILA Doc. No. 13091840.
  • CA1 Holds One-Time Sale of Single Firearm Is an Aggravated Felony(475 KB - 9/17/2013)
    The upheld the BIA’s determination that the petitioner’s one-time sale of a single firearm constitutes “trafficking in firearms” under INA §101(a)(43)(c), and thus is an aggravated felony. (Soto-Hernandez v. Holder, 8/30/13)
    AILA Doc. No. 13091749.
  • CA1 Retroactively Applies Stop-Time Rule to Pre-IIRIRA Order to Show Cause(477 KB - 9/17/2013)
    The court found that because the petitioner arrived in the U.S. in 1986 and his removal proceedings began in 1987, IIRIRA’s 1996 stop-time rule applied retroactively, and he had not accrued the necessary years of physical presence. (Aguirre v. Holder, 8/28/13)
    AILA Doc. No. 13091748.
  • CA1 Denies Asylum to Pakistani Petitioner Fleeing Taliban(491 KB - 9/16/2013)
    The court found that the petitioner was unable to show a connection between his mistreatment and the Pakistani government, did not show he could not reasonably relocate within Pakistan, and denied asylum, withholding and CAT relief. (Khan v. Holder, 8/9/13)
    AILA Doc. No. 13091651.
  • CA1 Upholds Denial of Waivers and Adjustment of Status Due to Fraud(42 KB - 8/26/2013)
    The court upheld the BIA’s denial of a §212(i) waiver, the denial of an unlawful presence waiver, and the denial of adjustment of status due to overwhelming evidence of fraud. (Urizar-Carrascoza v. Holder, 8/12/13)
    AILA Doc. No. 13082602.
  • CA1 Denies Cancellation to C-1/D Visa Holder(46 KB - 8/26/2013)
    The court found that the petitioner, who was issued a C-1/D visa and admitted under a C-1 classification, was properly classified as an alien crewman even though he never worked as a crewman, and thus was ineligible for cancellation of removal. (Guerrero v. Holder, 8/21/13)
    AILA Doc. No. 13082645.
  • CA1 Finds Petitioner Abandoned Applications for Relief(41 KB - 8/23/2013)
    The court upheld the BIA’s determination that the petitioner abandoned her petition to remove conditions on residency and her application for cancellation of removal because she filed the applications for relief over six months after a court-ordered deadline. (Moreta v. Holder, 7/15/13)
    AILA Doc. No. 13082349.
  • CA1 Says Chinese Petitioner’s Fear Is Speculative(66 KB - 8/23/2013)
    While the IJ originally concluded that the petitioner’s fear of having an IUD implanted if she returns to China constituted a fear of persecution, the court upheld the BIA’s determination that the fear is too speculative to be considered well-founded. (Lin v. Holder, 7/23/13)
    AILA Doc. No. 13082348.
  • CA1 Denies MTR Based on Changed Conditions in Mexico(41 KB - 8/23/2013)
    The court upheld the denial of the petitioner’s motion to reopen based on changed country conditions and found that the petitioner’s fear of personal retaliation due to his role in another man’s incarceration was not on account a protected ground. (Lopez v. Holder, 7/15/13)
    AILA Doc. No. 13082347.
  • CA1 Denies MTR Asylum Proceedings of Guatemalan Petitioner(49 KB - 8/23/2013)
    The court upheld the denial of the petitioner’s motion to reopen his 1999 removal proceedings, finding that the BIA did not abuse its discretion when it held that the petitioner failed to establish a material change in country conditions in Guatemala. (Jutus v. Holder, 7/17/13)
    AILA Doc. No. 13082346.
  • CA1 on EAJA Fees for 20 Year Asylum Case(148 KB - 8/23/2013)
    In this 72-page decision, the court determined which of the five federal court proceedings and numerous administrative proceedings the petitioner was entitled to EAJA fees for and considered arguments for fee award reductions and enhancements. (Castaneda v. Holder, 7/17/13)
    AILA Doc. No. 13082345.
  • CA1 on Derivative vs. Direct Persecution(46 KB - 8/23/2013)
    The court denied withholding of removal and CAT protection based on the petitioner’s opposition to the possible female genital mutilation (FGM) of his daughters, finding that the fear that a child will be subjected to FGM is not a basis for relief to the parent. (Camara v. Holder, 7/26/13)
    AILA Doc. No. 13082342.
  • CA1 Lacks Jurisdiction to Review NACARA Special Rule Cancellation(477 KB - 8/19/2013)
    The court held it lacked jurisdiction because the petition for review for discretionary cancellation of removal under §203 of NACARA did not contain constitutional claims or questions of law. (Castro v. Holder, 8/16/13)
    AILA Doc. No. 13081950.
  • CA1 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians(44 KB - 8/19/2013)
    The court upheld the BIA’s determination that there have not been changed country conditions for Christians in China practicing in unregistered churches such as to warrant an exception to the time limits on motions to reopen. (Liu v. Holder, 8/13/13)
    AILA Doc. No. 13081948.
  • CA1 Finds Petitioner Failed to Show Exceptions to MTR Time Limit(470 KB - 8/1/2013)
    The court held that the petitioner’s joining the China Democracy Party after being ordered removed cannot be the basis of a motion to reopen because it is a change in personal circumstances, and that China’s targeting of pro-democracy activists has not worsened. (Chen v. Holder, 7/9/13)
    AILA Doc. No. 13080145.
  • CA1 Holds CT Larceny Is an Aggravated Felony(473 KB - 7/31/2013)
    The court upheld the BIA’s conclusions that a Connecticut conviction for taking property from the person of another is categorically a theft offense and thus an aggravated felony, and that the petitioner was validly convicted as an adult for immigration purposes. (Lecky v. Holder, 7/9/13)
    AILA Doc. No. 13073141.
  • CA1 Denies Asylum to Chinese Christian Petitioner from Indonesia(474 KB - 7/24/2013)
    The court denied the petitioner's applications for asylum and withholding, finding the mistreatment he suffered in Indonesia on account of his Chinese ethnicity and Christian religious beliefs did not rise to the level of persecution. (Ang v. Holder, 7/10/13)
    AILA Doc. No. 13072465.
  • CA1 Finds No Jurisdiction to Review ABC Class Membership Determination(37 KB - 6/13/2013)
    The court found no jurisdiction to review whether the petitioner registered for ABC benefits by the 12/31/91 deadline, and denied his asylum claim, which was based his involvement in a student activist group from 1987 to 1988. (Letran v. Holder, 6/7/13)
    AILA Doc. No. 13061306.
  • CA1 Finds BIA Erred in Pakistani Withholding Case(480 KB - 6/4/2013)
    The court held that the BIA’s decision on withholding of removal was contrary to the evidence, finding that the mistreatment suffered by the Pakistani petitioner rose to the level of persecution and was not merely part of a private dispute. (Javed v. Holder, 5/24/13)
    AILA Doc. No. 13060443.
  • CA1 Upholds Adverse Credibility Determination in Asylum Case(476 KB - 4/26/2013)
    The court upheld the IJ’s finding that Petitioner lacked credibility, noting that he made several amendments to his asylum application only after a change in law that would have affected his claim. (Liu v. Holder, 4/22/13)
    AILA Doc. No. 13042665.
  • CA1 on the Good Faith Marriage Requirement(513 KB - 3/28/2013)
    The court upheld the IJ’s determination that the petitioner, who sought to remove the conditions of her residency after she and her husband divorced, did not carry her burden of establishing that she had married her husband in good faith. (Reynoso v. Holder, 3/26/13)
    AILA Doc. No. 13032857.
  • CA1 Upholds Denial of Asylum for Ecuadorian Indigenous Activist(462 KB - 2/19/2013)
    The court denied asylum, finding that the harassment faced by the Ecuadorian petitioner due to her activities on behalf of the indigenous community did not amount to persecution and that the agency did not err in its factfinding. (Guaman-Loja., Holder, 2/7/13)
    AILA Doc. No. 13021947.
  • CA1 Holds BIA Erred in Finding Petitioner Removable for Alleged CIMT(921 KB - 2/12/2013)
    Employing the modified categorical approach, the court found it unclear whether the petitioner’s CT conviction for larceny involved intent to permanently or temporarily deprive the owner of property and held that he is not removable. (Patel v. Holder, 2/1/13)
    AILA Doc. No. 13021240.
  • CA1 Remands Pakistani Petitioner’s Asylum Case(486 KB - 1/23/2013)
    The court found that the BIA and IJ did not properly consider evidence supporting the petitioner’s claim that he could face future persecution in Pakistan by the Taliban because he is an ANP activist and a special police officer. (Khattak v. Holder, 1/17/13)
    AILA Doc. No. 13012354.
  • CA1 Finds Witnesses to Serious Crime Not a “Socially Visible” Group(260 KB - 1/27/2012)
    The court found that the petitioner’s social group of "witnesses to a serious crime whom the government is unable or unwilling to protect" is not sufficiently visible to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12)
    AILA Doc. No. 12012763.
  • CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel(459 KB - 1/11/2013)
    The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13)
    AILA Doc. No. 13011150.
  • CA1 Denies Motion to Reconsider Based on Additional Ground for Relief(455 KB - 1/11/2013)
    The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13)
    AILA Doc. No. 13011148.
  • CA1 Finds Labor Certification Not Timely Filed for 245(i) Purposes(507 KB - 1/3/2013)
    The court found that although the application was submitted on 4/16/01, communications with the SWA and the date-stamp of 7/5/01 were sufficient to support the BIA’s conclusion that the application was not timely filed for 245(i) purposes. (Wu v. Holder, 1/2/13)
    AILA Doc. No. 13010345.
 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us