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2013

  • CA7 Declines to Review Asylum Denial for Chinese Petitioner from Fujian Province(609 KB - 12/27/2013)
    The court declined to review the asylum denial, noting that although the BIA and IJ’s opinions were flawed, the inadequacy of the lawyer’s brief, along with petitioner’s failure to present evidence of her financial situation, precluded vacating the asylum denial. (Chen v. Holder, 12/11/13)
    AILA Doc. No. 13122747.
  • CA7 Denies Adjustment to Petitioner Whose Wife Failed to Maintain F-1 Status(546 KB - 12/19/2013)
    The court dismissed the petition for review, finding that the petitioner was ineligible to adjust status under INA §245(I) and (k) based on his approved I-140 because he failed to maintain continuous lawful nonimmigrant status when his wife lost her F-1 status. (Kim v. Holder, 12/16/13)
    AILA Doc. No. 13121943.
  • CA7 Dismisses Petitions to Review §212(c) Relief(543 KB - 12/11/2013)
    The court denied the petitions for review, upholding the BIA’s findings that as a matter of discretion, petitioner would not receive §212(c) relief because of the nature of his conviction of aggravated criminal sexual abuse, and sua sponte review was not warranted. (Shah v. Holder, 12/4/13)
    AILA Doc. No. 13121156.
  • CA7 Denies Asylum to Landowners from Honduras(534 KB - 11/19/2013)
    The court upheld the BIA’s conclusions that the squatters, known as “capesinos,” did not act on account of petitioners’ status as land owners and that Honduras is both willing and able to protect land owners from campesinos. (Urbina-Dore v. Holder, 11/18/13)
    AILA Doc. No. 13111947.
  • CA7 Upholds Denial of Inadmissibility Waiver as a Matter of Discretion(590 KB - 10/30/2013)
    The court upheld the denial of the inadmissibility waiver, finding that Petitioner’s extensive criminal record that extended through his removal proceedings outweighed any additional hardship caused to his USC daughter with special education needs. (Reyes-Cornejo v. Holder, 10/28/13)
    AILA Doc. No. 13103042.
  • CA7 Finds Unlawful Entry After Removal Bars Reopening Prior Removal Order(605 KB - 10/15/2013)
    The court denied the petition for review, finding that the petitioner’s unlawful entry after her 2005 removal permanently barred reopening that earlier removal order under §241(a)(5). (Cordova-Soto v. Holder, 10/15/13)
    AILA Doc. No. 13101523.
  • CA7 Denies Asylum to Chinese Christian Living in Indonesia(627 KB - 9/27/2013)
    The court upheld the BIA’s denial of the asylum, withholding and CAT claims, finding that the petitioner’s motion to reopen did not point to any evidence that was previously undiscoverable and that the disfavored group approach did not apply. (Salim v. Holder, 8/28/13)
    AILA Doc. No. 13092742.
  • CA7 Holds Admitting Hearsay Documents Violated Procedural Rights(573 KB - 9/17/2013)
    The court vacated and remanded, holding that the petitioner’s procedural rights were violated when the IJ admitted and based his decision on two hearsay documents relating to the alleged "smugglee." (Pouhova v. Holder, 8/13/13)
    AILA Doc. No. 13091740.
  • CA7 Remands Denied Asylum Claim for Political Activist from Belarus(198 KB - 8/27/2013)
    The court remanded, finding the BIA abused its discretion when it did not consider the factually distinct claims of future persecution in Belaus and rejected these claims based solely on the past adverse credibility finding. (Boika v. Holder, 8/16/13). Courtesy of Alexander Segal.
    AILA Doc. No. 13082750.
  • CA7 Remands Withholding Claim to BIA for HIV Positive Gay Man from Mexico(560 KB - 8/26/2013)
    The court granted the petition for review and remanded to the BIA to determine whether the IJ clearly erred in finding that the petitioner—who is an openly gay HIV positive man— is more likely than not to be persecuted if returned to Mexico. (Rosiles-Camarena v. Holder, 8/21/13)
    AILA Doc. No. 13082661.
  • CA7 Holds Aggravated Felony Definition Does Not Apply to Pre-1988 Convictions(216 KB - 8/20/2013)
    The court granted the petition for review, holding that the Petitioner’s aggravated felony convictions cannot be used as a ground for removal because they were more than a decade old when the aggravated felony definition in INA §101(a)(43) took effect in 1988. (Zivkovic v. Holder, 7/31/13)
    AILA Doc. No. 13082049.
  • CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.(105 KB - 8/20/2013)
    The court joined four other circuits in holding that §212(h) precludes a waiver only for those persons who were LPRs at the time they lawfully entered the U.S., but ultimately upheld the BIA’s denial of the waiver as a matter of discretion. (Papazoglou v. Holder, 8/6/13)
    AILA Doc. No. 13082050.
  • CA7 Conducts Social Group Analysis and Remands Asylum Denial for Albanian Woman(871 KB - 8/9/2013)
    The court granted the petition for review and remanded, finding that the BIA erred in its relocation assessment as well as its social group analysis of young women targeted for prostitution by traffickers in Albania. (Cece v. Holder, 8/9/13)
    AILA Doc. No. 13080959.
  • CA7 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians(508 KB - 8/5/2013)
    The court upheld the BIA’s determination that the petitioner, who filed an untimely motion to reopen his asylum case because he had converted to Christianity, did not show that the persecution of Chinese Christians has worsened in recent years. (Gao v. Holder, 7/12/13)
    AILA Doc. No. 13080552.
  • CA7 on Finality Under INA §242(a)(1)(538 KB - 8/5/2013)
    The court held that an order from the BIA resolving everything except an issue relating to voluntary departure satisfies the finality rules under INA §242(a)(1), but the court should stay proceedings on the petition until voluntary departure has been resolved. (Almutairi v. Holder, 7/12/13)
    AILA Doc. No. 13080551.
  • CA7 Denies Asylum to Sikh Petitioner, Cites Changed Country Conditions in India(556 KB - 8/1/2013)
    The court noted that it had “grave doubts” about the IJ’s finding that the petitioner did not suffer past persecution, but still denied the petition, holding that the treatment of Sikhs has improved significantly and that the petitioner could relocate within India. (Singh v. Holder, 6/21/13)
    AILA Doc. No. 13080146.
  • CA7 Remands Asylum Claim on Forced Sterilization for Chinese Woman with USC Children(170 KB - 7/26/2013)
    The court vacated the BIA decision and remanded the case in light of two recent seventh circuit decisions that cast doubt on the claim that Fujian authorities do not count children born outside of China for purposes of the one-child policy. (Zheng v. Holder, 7/11/13)
    AILA Doc. No. 13072600.
  • CA7 Holds K-4 Adjustment of Status Regulation Conflicts With INA(582 KB - 7/26/2013)
    The court held that the limitations in 8 C.F.R. §245.1(i) on K visas conflicts with INA §101(a)(15)(K)(iii), noting that Congress intended K-4s to enter the U.S. and adjust status and that it sees no statutory reason for treating K-2s and K-4s differently. (Akram v. Holder, 7/9/13)
    AILA Doc. No. 13072643.
  • CA7 on Conditions of Religious Freedom in China(539 KB - 6/7/2013)
    The court held that the Chinese petitioner, who converted to Christianity after coming to the U.S., demonstrated that she had a well-founded fear of persecution, and that conditions of religious freedom in China have deteriorated since 2002. (Liu v. Holder, 6/3/13)
    AILA Doc. No. 13060745.
  • CA7 on Jurisdiction to Review Timeliness of Asylum Application(576 KB - 6/7/2013)
    The court found that it did not have jurisdiction to review whether the petitioner’s asylum application was untimely and that there were no changed circumstances that excused the late filing, holding that the petitioner’s argument was not a pure question of law. (Bitsin v. Holder, 5/31/13)
    AILA Doc. No. 13060744.
  • CA7 Remands Asylum Case of Political Activist from Moldova(529 KB - 5/20/2013)
    The court found that the IJ and BIA applied the wrong legal standard in determining whether the petitioner had shown past persecution for his political activities in Moldova, and remanded the case to the BIA. (Prodan v. Holder, 5/20/13) AILA Doc. No. 13052050.
    AILA Doc. No. 13052050.
  • CA7 Seriously Critiques BIA Treatment of Asylum Cases Based on Forced Sterilization(548 KB - 5/15/2013)
    The court wrote that the BIA brushed aside whether the petitioner faces a substantial risk of compulsory sterilization if she is removed to China, critiqued the BIA for its treatment of the evidence, and remanded the case. (Chen v. Holder, 5/9/13) AILA Doc. No. 13051501.
    AILA Doc. No. 13051501.
  • CA7 on False Claims to U.S. Citizenship(539 KB - 5/15/2013)
    The court held that a baptismal certificate presented by the petitioner at the border is not sufficient evidence to constitute a representation of U.S. citizenship, noting that it did not list a country or state under “place of birth.” (Munoz-Avila v. Holder, 5/3/13)
    AILA Doc. No. 13051557.
  • CA7 Holds BIA Did Not Meaningfully Address Evidence in Asylum Case(566 KB - 5/7/2013)
    The court held that the BIA failed to meaningfully to address documents bolstering the petitioner’s assertion that conditions in China have changed for the worse, and remanded the case to the BIA. (Ni v. Holder, 4/26/13) AILA Doc. No. 13050743.
    AILA Doc. No. 13050743.
  • CA7 Finds BIA and IJ Overlooked Material Evidence(527 KB - 4/9/2013)
    The court remanded the case, holding that the IJ and BIA overlooked material evidence demonstrating that the petitioner suffered past persecution in Palestine on account of his political opinion. (Jabr v. Holder, 4/2/13) AILA Doc. No. 13040953.
    AILA Doc. No. 13040953.
  • CA7 Holds BIA Error in Asylum Case is Harmless(525 KB - 4/2/2013)
    The court found that the BIA’s conclusory rejection of the petitioner’s argument was a harmless error, because the BIA could have reasonably concluded the highly generalized evidence was insufficient. (Zheng v. Holder, 3/27/13) AILA Doc. No. 13040248.
    AILA Doc. No. 13040248.
  • CA7 Holds Fraudulent Use of Social Security Card is CIMT(494 KB - 3/11/2013)
    The court held that the petitioner was not eligible for cancellation of removal because his prior conviction for using a Social Security card to obtain and maintain employment was a crime involving moral turpitude. (Marin-Rodriguez v. Holder,, 3/6/13)
    AILA Doc. No. 13031154.
  • CA7 Finds No Jurisdiction to Review Denial of Continuance(485 KB - 3/4/2013)
    The court held that the jurisdictional bar in §242(a)(2)(C), which prohibits the court from reviewing a removal order if the noncitizen committed certain criminal offenses, precluded them from reviewing the denial of a continuance. (Moral-Salazar v. Holder, 2/28/13) AILA Doc. No. 13030455.
    AILA Doc. No. 13030455.
  • CA7 on In Absentia Orders of Removal(486 KB - 2/19/2013)
    The court set aside the in absentia order of removal, finding that the petitioner was not given an opportunity to present evidence that her case should be reopened because she never received notice of the hearing. (Smykiene v. Holder, 2/13/13) AILA Doc. No. 13021953.
    AILA Doc. No. 13021953.
  • CA7 Remands Pakistani Asylum Case(530 KB - 2/19/2013)
    The court granted the petition and remanded the asylum case, holding that the BIA’s conclusion that the petitioner’s attackers were motivated solely by a desire for personal revenge is not supported by substantial evidence. (Mustafa v. Holder, 2/11/13) AILA Doc. No. 13021949.
    AILA Doc. No. 13021949.
  • CA7 Upholds Denial of Good-Faith Marriage Waiver(492 KB - 2/19/2013)
    The court upheld the denial of the petitioner’s request for a good-faith marriage waiver, finding the removal proceedings were not unfair and that the IJ’s adverse credibility determination was reasonable. (Boadi v. Holder, 2/7/13) AILA Doc. No.013021948.
    AILA Doc. No. 13021948.
  • CA7 on the Meaning of Lawful Status Under §245(k)(472 KB - 1/24/2013)
    The court held that “lawful status” for adjustment eligibility purposes under §245(k) does not extend to a person who has a prior adjustment application still pending, even if that person’s nonimmigrant status has expired. (Chaudhry v. Holder, 1/17/13) AILA Doc. No. 13012445.
    AILA Doc. No. 13012445.
  • CA7 Denies Asylum Request of Falun Gong Practitioner(496 KB - 1/24/2013)
    The court held that the petitioner had not suffered past persecution when he learned that his wife in China had been forcibly sterilized, and also that he lacked a well-founded fear of future persecution based on his Falun Gong activities. (Chen v. Holder, 1/18/13) AILA Doc. No. 13012444.
    AILA Doc. No. 13012444.
  • CA7 Finds Jurisdiction to Review Deferral of Removal Request(502 KB - 1/17/2013)
    The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13) AILA Doc. No. 13011745.
    AILA Doc. No. 13011745.
 
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