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2013 - 2012

  • CA3 Finds §240A(a) Cancels Removal but Not Conviction in Subsequent Proceedings(633 KB - 10/9/2013)
    The court found that the petitioner’s 1999 drug conviction, which was waived by the grant of cancellation of removal, nonetheless continued to constitute grounds of ineligibility for adjustment and a §212(h) waiver in subsequent proceedings. (Taveras v. Att’y Gen., 10/1/13)
    AILA Doc. No. 13100902.
  • CA3 Remands for BIA to Clarify Matter of Eslamizar(630 KB - 9/18/2013)
    The court granted the petition for review and remanded, asking the BIA to reconsider whether the petitioner was convicted of a crime under INA §237(a)(2)(A)(ii) and to clarify Eslamizar and the agency’s reading of §101(a)(48)(A). (Castillo v. Att’y Gen., 9/3/13)
    AILA Doc. No. 13091803.
  • CA3 Says DHS Must Show Conviction Involved Federally Controlled Substance(775 KB - 9/17/2013)
    The court granted the petition for review and remanded, concluding that in a removal proceeding under INA §237(a)(2)(B)(i), DHS must show that the foreign national’s conviction involved or was related to a federally controlled substance. (Rojas v. Att’y Gen., 8/23/13)
    AILA Doc. No. 13091745.
  • CA3 Finds No Jurisdiction to Review Denial of Continuance and Denies Cancellation(552 KB - 8/26/2013)
    The court found no jurisdiction to review the BIA’s denial of a continuance and rejected Petitioner's argument that his 2006 criminal conduct did not stop the accrual of continuous residence because §212(h) could have waived inadmissibility. (Rachak v. U.S. Att’y Gen., 8/21/13)
    AILA Doc. No. 13082660.
  • CA3 Overrules Nugent; Holds Conspiracy to Commit Wire Fraud Is an Aggravated Felony(180 KB - 8/26/2013)
    The court affirmed the lower court’s decision denying Appellant's application for naturalization because his conviction for conspiracy to commit wire fraud was as an aggravated felony. (Al-Sharif v. USCIS, 8/19/13)
    AILA Doc. No. 13082647.
  • CA3 Finds Petitioner Ineligible for 212(c) Relief(621 KB - 6/4/2013)
    The court held that the petitioner - who spent more than 5 years in prison for an aggravated felony committed in 2007, but first applied for 212(c) in 1994 - is statutorily precluded from 212(c) relief. (Lupera-Espinoza v. U.S. Att’y Gen., 5/28/13)
    AILA Doc. No. 13060444.
  • CA3 on Mandatory Detention Under §236(c)(659 KB - 4/22/2013)
    The court held that immigration officials can impose mandatory detention under INA §236(c) even if they fail to take the individual into custody immediately upon his or her release from criminal custody. (Sylvain v. Att’y Gen., 4/22/13)
    AILA Doc. No. 13042254.
  • CA3 Denies Asylum Applicant’s Motion to Reopen(620 KB - 12/4/2012)
    The court upheld the BIA’s denial of the motion to reopen, noting that the petitioner did not show how he acquired the previously unavailable evidence and that he failed to file a new asylum application as required by the regulations. (Lin v. Atty’ Gen., 11/27/12)
    AILA Doc. No. 12120447.
  • CA3 Says Exclusionary Rule Can Apply in Removal Proceedings(686 KB - 9/18/2012)
    The court held that the exclusionary rule may apply in removal proceedings under certain circumstances, and granted a motion to reopen so the petitioner could subpoena other witnesses and introduce new documents. (Oliva-Ramos v. Atty’ Gen., 9/13/12, amended 11/6/12)
    AILA Doc. No. 12091847.
  • CA3 Finds Petitioner Who Adjusted to LPR Status in U.S. Eligible for 212(h) Waiver(504 KB - 9/18/2012)
    The court held that the petitioner was eligible for a 212(h) waiver because he adjusted to LPR status while in the U.S., and thus was never “admitted” to the U.S. as an “alien lawfully admitted for permanent residence.” (Hanif v. Att’y Gen., 9/14/12)
    AILA Doc. No. 12091845.
  • CA3 Denies CAT Claim Based on Cooperation in Murder Investigation(554 KB - 9/17/2012)
    The petitioner argued that, if deported, he would be tortured by a Jamaican drug gang because of his cooperation in a murder investigation, but the court found he did not show government involvement or acquiescence. (Green v. Att’y Gen., 7/12/12)
    AILA Doc. No. 12091745.
  • CA3 Remands Jamaican CAT Claim By Mentally Ill Petitioner(749 KB - 9/14/2012)
    The court granted the petition for review, finding that the BIA applied an incorrect legal standard and failed to adequately consider the argument that Jamaican prison inmates would sexually assault Petitioner because of his mental illness. (Roye v. Att’y Gen., 9/10/12)
    AILA Doc. No. 12091446.
  • CA3 Finds Petitioner Ineligible for 212(h) Waiver(681 KB - 9/7/2012)
    The court found the petitioner was ineligible for a 212(h) waiver, rejecting his argument that he was never "lawfully" admitted to the U.S. as an LPR because he attained LPR status through fraud or misrepresentation. (Martinez v. Att’y Gen., 9/6/12)
    AILA Doc. No. 12090748.
  • CA3 Finds Petitioner Subject to Removal After Passing Natz Exam(608 KB - 9/6/2012)
    The court held that the petitioner was subject to removal for his 2008 drug-related convictions even though he had completed his naturalization examination in 1998 because he was never scheduled for nor took the required oath. (Duran-Pichardo v. Att’y Gen., 8/31/12)
    AILA Doc. No. 12090643.
  • CA3 on the Post-Departure Bar and Motions to Reopen Sua Sponte(545 KB - 8/27/2012)
    The court upheld the BIA’s determination that it lacked jurisdiction to review a motion to reopen sua sponte - filed by the petitioner out of time and after he was already removed from the country - because of the post-departure bar. (Desai v. Att’y Gen., 8/21/12)
    AILA Doc. No. 12082746.
  • CA3 Finds Jurisdiction Over Premature Petition for Review(612 KB - 8/15/2012)
    The court found jurisdiction to review the petition, which was filed before the BIA issued its final decision on the motion to reopen, noting the Attorney General did not show he was prejudiced by letting the petition ripen. (Khan v. Att’y Gen., 8/14/12)
    AILA Doc. No. 12081575.
  • CA3 Finds FDCA Conviction Is Not an Aggravated Felony(696 KB - 7/23/2012)
    The court held that a conviction for violating the FDCA’s provisions prohibiting the unlicensed wholesale distribution of prescription drugs is not an aggravated felony or a conviction relating to a controlled substance. (Borrome v. Att’y Gen., 7/18/12)
    AILA Doc. No. 12072344.
  • CA3 Says Re-entry Did Not Start New Period of Continuous Residence(559 KB - 7/16/2012)
    The court held that the petitioner was not eligible for cancellation because a drug offense triggered the stop-time rule, and that a new period of continuous residence did not start when he re-entered the U.S. after a two-day trip. (Nelson v. Att’y Gen., 5/22/12)
    AILA Doc. No. 12071642.
  • CA3 Vacates Decision on Waiver of Rights under Visa Waiver Program(514 KB - 6/15/2012)
    The court vacated its decision holding that the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12)
    AILA Doc. No. 12061553.
  • CA3 Dismisses RICO Case Alleging Landlords Harbored Undocumented Tenants(700 KB - 5/8/2012)
    In a case brought with help from the Immigration Reform Law Institute, the court dismissed the tenant plaintiffs’ RICO claims and held that property owners who rented to undocumented persons were not guilty of harboring. (Delrio-Mocci v. Connolly Properties, 2/24/12)
    AILA Doc. No. 12050848.
  • CA3 Holds That INA § 101(a)(43)(M)(i) Requires Actual Loss(705 KB - 4/17/2012)
    The court found that the petitioner’s conviction for knowingly making a false statement in a bankruptcy proceeding was not an aggravated felony under INA §101(a)(43)(M)(i), because his offense did not cause an actual loss. (Singh v. Att’y Gen., 4/16/12)
    AILA Doc. No. 12041746.
  • CA3 Upholds Denial of Naturalization Application(390 KB - 3/21/2012)
    The court upheld the denial of the petitioner’s naturalization application, which USCIS had denied on good moral character grounds because the petitioner gave false testimony during his I-751 interview. (Gonzalez v. Att’y Gen., 3/19/12)
    AILA Doc. No. 12032162.
  • CA3 Orders Bond Hearing in Habeas Case(235 KB - 3/21/2012)
    The court found that the petitioner’s detention was unreasonably long and that he was entitled to an individualized bond hearing within ten days. The petitioner had challenged his continued detention in district court. (Leslie v. Att’y Gen., 3/19/12)
    AILA Doc. No. 12032161.
  • CA3 on Waiver of Rights Under the Visa Waiver Program(824 KB - 3/7/2012)
    The court held that the petitioner had not rebutted the presumption that she executed a waiver when she entered the U.S. as a minor pursuant to the Visa Waiver Program. (Vera v. Att’y Gen., 3/1/12)
    AILA Doc. No. 12030762.
  • CA3 on False Claims to Citizenship(219 KB - 2/16/2012)
    The court found that the petitioner did not make a false claim to U.S. citizenship for purposes of INA §212(a)(6)(C)(ii) when he allegedly told the city police that his place of birth was Puerto Rico. (Castro v. Att’y Gen., 2/14/12)
    AILA Doc. No. 12021662.
  • CA3 on Breach of Employment Contract Claim and H-1B Visa Sponsorship(236 KB - 1/27/2012)
    In an unpublished opinion, the court found that the appellant’s employment was “at-will,” rejecting the argument that the employer’s sponsorship of an H-1B visa implied a contract for a definite term. (Edwards v. Geisinger Clinic, 1/23/12)
    AILA Doc. No. 12012774.
  • CA3 Finds District Court Has Jurisdiction to Review Sua Sponte Reopening of Proceedings(353 KB - 1/17/2012)
    The court found that the district court had jurisdiction to review the petitioner’s petition, which challenged the BIA’s sua sponte reopening of removal proceedings, noting the unusual circumstances in the case. (Chehazeh v. Att’y Gen., 1/11/12)
    AILA Doc. No. 12011768.
  • CA3 Finds Failure to Register Is Not a CIMT(252 KB - 1/13/2012)
    The court found the petitioner did not commit a CIMT by violating a predatory offender registration statute, and that his “date of admission” was his initial admission as a nonimmigrant, not the later date he adjusted status. (Totimeh v. Att’y Gen., 1/12/12)
    AILA Doc. No. 12011364.
  • CA3 on Ineffective Assistance of Counsel in Filing Visa Petition(134 KB - 1/5/2012)
    The court found that the Fifth Amendment right to due process does not guarantee effective assistance of counsel in preparing or appealing a labor certification application and visa petition before the start of removal proceedings. (Contreras v. Att’y Gen., 1/4/12)
    AILA Doc. No. 12010566.
 
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