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2012

  • CA2 Reverses BIA on Social Visibility Assessment(489 KB - 12/20/2012)
    The court vacated the BIA order denying asylum, held that a group of potential witnesses against a KLA leader constituted a particular social group, and remanded the case for further consideration. (Gashi v. Holder, 12/18/12)
    AILA Doc. No. 12122044.
  • CA2 Holds Substituted Beneficiaries Are Not Grandfathered for 245(i) Purposes(576 KB - 12/4/2012)
    The court upheld 8 CFR §245.10(j), finding the grandfathering provisions in INA §245(i) only apply to beneficiaries listed on the labor certification as of April 30, 2001, not individuals who were later substituted as beneficiaries. (Lee v. Holder, 12/3/12)
    AILA Doc. No. 12120445.
  • CA2 Strikes Down Section 3 of DOMA as Unconstitutional(215 KB - 10/18/2012)
    The court held that Section 3 of the Defense of Marriage Act (DOMA), which prohibits federal recognition of same-sex marriages, violates the equal protection clause of the Constitution and is therefore unconstitutional. (Windsor v. United States, 10/18/12)
    AILA Doc. No. 12101820.
  • CA2 Finds No Jurisdiction to Review Vacated BIA Order(1041 KB - 10/17/2012)
    The court held that the petition for review was moot because the court cannot provide effective relief from an order of removal that was vacated and replaced by an order that relied on materially different reasoning. (Fuller v. BIA, 10/16/12)
    AILA Doc. No. 12101744.
  • CA2 Temporarily Stays Review of Removal Cases(511 KB - 10/17/2012)
    The court suspended action on removal cases in order for ICE to determine which cases are low priority under ICE guidelines or whether there are other reasons that ICE would be unlikely to promptly effect removal. (In the Matter of Immigration, 10/16/12)
    AILA Doc. No. 12101743.
  • CA2 Denies Albanian Woman’s Asylum Claim(939 KB - 9/28/2012)
    The court held that young, unmarried Albanian women who are at risk of being kidnapped and forced into prostitution do not constitute a social group for asylum purposes and denied the petitioner’s asylum and withholding applications. (Gjura v. Holder, 9/25/12)
    AILA Doc. No. 12092845.
  • CA2 Finds Jurisdiction in Detention-Related FTCA Case(532 KB - 9/10/2012)
    The court reversed the district court, finding jurisdiction over the plaintiff’s Federal Tort Claims Act (FTCA) claims related to his immigration detention because there is “private analogue” in state law. (Liranzo v. U.S., 8/9/12)
    AILA Doc. No. 12091050.
  • CA2 Remands Asylum Claim Based on Opposition to Workplace Corruption(477 KB - 9/7/2012)
    The court held that the BIA applied the wrong legal standard when assessing whether the petitioner’s opposition to corruption constituted a political opinion, and that it erred by failing to consider his claim of imputed political opinion. (Yu v. Holder, 9/7/12)
    AILA Doc. No. 12090746.
  • CA2 Holds VWP Entrant Cannot Contest Removal Through Adjustment of Status(472 KB - 8/30/2012)
    The court held that a Visa Waiver Program (VWP) participant could not contest her removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant may stay in the country. (Gjerjaj v. Holder, 8/28/12)
    AILA Doc. No. 12083053.
  • CA2 on Rescinding Adjusted Status(519 KB - 8/20/2012)
    The court rejected the petitioner’s claim that he was the beneficiary of adjustment of status when he received an immigrant visa, and held that the 5-year limitation for rescinding grants of adjustment does not apply to removal proceedings. (Adams v. Holder, 8/15/12)
    AILA Doc. No. 12082047.
  • CA2 Strikes Down NY Licensure Statute that Discriminates Against Nonimmigrants(524 KB - 8/10/2012)
    In a case brought by nonimmigrant pharmacists, the court applied strict scrutiny review and found that NY Educ. Law §6805(1)(6), which limits the issuance of pharmacist licenses to U.S. citizens and LPRs, is unconstitutional. (Dandamudi v. Tisch, 7/10/12)
    AILA Doc. No. 12081041.
  • CA2 Remands Vartelas Ineffective Assistance Claim to BIA(534 KB - 8/7/2012)
    Recognizing that the Supreme Court’s decision required it to conclude that Petitioner was prejudiced by his attorneys’ failure to argue retroactivity, the court remanded for a determination as to the quality of his attorneys’ performance. (Vartelas v. Holder, 8/6/12)
    AILA Doc. No. 12080756.
  • CA2 on Adjustment to Full LPR Status for K-1 Visa Holders(547 KB - 6/19/2012)
    The court held that, because the petitioner was originally admitted to the U.S. on a K-1 visa, he cannot adjust his status to that of a full LPR on any basis other than marriage to his original K-1 visa sponsor. (Caraballo-Tavera v. Holder, 6/18/12)
    AILA Doc. No. 12061948.
  • CA2 on Embezzlement By a Bank Employee(487 KB - 5/2/2012)
    The court rejected the BIA’s conclusion that the conviction for embezzlement by a bank employee was an aggravated felony, noting that the facts the petitioner pled to did not indicate whether he acted with intent to defraud. (Akinsade v. Holder, 5/1/12, amended 5/11/12)
    AILA Doc. No. 12050260.
  • CA2 Finds NY Second-Degree Assault Is an Aggravated Felony(563 KB - 4/23/2012)
    The court found that NY second-degree assault is an aggravated felony, and that Padilla did not overturn precedent holding that the Ex Post Facto Clause is not applicable in the deportation context. (Morris v. Holder, 4/23/12)
    AILA Doc. No. 12042350.
  • CA2 Finds CT Witness Tampering Is an Aggravated Felony(500 KB - 4/23/2012)
    The court found that a Connecticut conviction for witness tampering constitutes an aggravated felony as an “offense relating to obstruction of justice,” and held that the petitioner was ineligible for relief. (Higgins v. Holder, 4/19/12)
    AILA Doc. No. 12042349.
  • CA2 Rejects Matter of H-L-H- & Z-Y-Z-(525 KB - 3/27/2012)
    The court rejected the BIA’s holding in Matter of H-L-H- & Z-Y-Z- to conclude that the IJ’s finding a future event will occur if an applicant is removed is a finding of fact subject to review for clear error. (Huang v. Holder, 3/27/12)
    AILA Doc. No. 12032754.
  • CA2 Says IJs May Decline to Make Frivolousness Finding(485 KB - 2/27/2012)
    The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a frivolousness finding. (Zheng v. Holder, 2/27/12)
    AILA Doc. No. 12022741.
  • CA2 on Notice and Stop-Time Rule(552 KB - 2/24/2012)
    The court held that the notice requirements of the INA were satisfied by a combination of two notices, and that once sufficient notice is provided, the stop-time rule is triggered notwithstanding any defects in subsequent notices. (Guamanrrigra v. Holder, 2/24/12)
    AILA Doc. No. 12022447.
  • CA2 on False Claims of Citizenship on Form I-9(34 KB - 2/23/2012)
    The court found the petitioner, who argued he had intended to claim nationality, not citizenship, when he checked a box marked “citizen or national” on a Form I-9, failed to meet his burden of proving he did not falsely claim citizenship. (Crocock v. Holder, 2/23/12)
    AILA Doc. No. 12022363.
 
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