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2013 - 2012

  • CA4 Denies Petition to Review Forced Sterilization Claim(502 KB - 12/26/2013)
    The court denied the petition to review the denial of asylum and withholding, finding that the adverse credibility finding relating to petitioner’s claim that he would be sterilized in China instead of his wife was supported by substantial evidence. (Pan v. Holder, 12/17/13)
    AILA Doc. No. 13122607.
  • CA4 Affirms Denial of Naturalization Application(492 KB - 12/18/2013)
    The plaintiff argued the misrepresentations of her marital history on the adjustment application were due to attorney error, and the court affirmed the denial of her naturalization application, finding that she was not lawfully admitted for permanent residence. (Injeti v. USCIS, 12/11/13)
    AILA Doc. No. 13121843.
  • CA4 Finds Petitioner Ineligible for NACARA Relief Because of Persecutor Bar(491 KB - 12/17/2013)
    The court denied the petition for review and agreed with the IJ and BIA that the petitioner, who was seeking cancellation of removal under NACARA, did not establish by a preponderance of the evidence that he did not engage in persecution in his home country. (Pastora v. Holder, 12/11/13)
    AILA Doc. No. 13121747.
  • CA4 Upholds Adverse Credibility Finding in Chinese Forced Abortion Case(516 KB - 11/26/2013)
    The court declined to review the asylum denial, upholding the BIA’s finding of inconsistencies in petitioner’s statements regarding her marital status and forced abortion and noting the DOS report that population controls are no longer strictly enforced in China. (Lin v. Holder, 11/22/13)
    AILA Doc. No. 13112643.
  • CA4 Holds LPRs With Serious Offenses Are Treated as “Seeking Admission” When Entering from Abroad(505 KB - 10/31/2013)
    The court denied the petition, holding that the Fleuti doctrine did not survive IIRIRA’s enactment, and that LPRs who commit serious offenses are always treated as “arriving” aliens when entering from abroad and subject to removal under §101(a)(13)(C)(v), 212(a)(2). (Othi v. Holder, 10/29/13)
    AILA Doc. No. 13103142.
  • CA4 Denies Application for Cancellation of Removal(481 KB - 10/22/2013)
    The court affirmed the denial of cancellation of removal, finding that the petitioner’s voluntary departure under the threat of removal deemed him ineligible for the “continuous physical presence” requirement of INA §240A. (Garcia v. Holder, 10/16/13)
    AILA Doc. No. 13102250.
  • CA4 Denies Motion to Reopen for Estonian-born Russian Citizen(484 KB - 10/22/2013)
    The court denied the untimely motion to reopen the removal proceedings, holding that equitable tolling was not appropriate because the petitioner failed to show any wrongful conduct from the government or any other extraordinary circumstances. (Kuusk v. Holder, 10/16/13)
    AILA Doc. No. 13102247.
  • CA4 Holds Local Law Enforcement Officers May Not Arrest Solely Based on Civil Immigration Violation(101 KB - 9/3/2013)
    Although the court held local law enforcement officers may not arrest individuals for civil immigration violations, the court dismissed the § 1983 action, finding this precedent was not established at the time of the unconstitutional arrest. (Santos v. Frederick County Bd. Of Com’rs, 8/7/13)
    AILA Doc. No. 13090349.
  • CA4 Holds Conviction Is Not an Aggravated Felony, Reinstates Asylee Status(481 KB - 5/20/2013)
    The court held that the conduct the petitioner admitted to and on which his conviction for second degree assault necessarily rests does not constitute a crime of violence, and thus that he is not removable as an aggravated felon. (Karimi v. Holder, 5/13/13) AILA Doc. No. 13052046.
    AILA Doc. No. 13052046.
  • CA4 on "Willful Blindness" Standard in CAT Relief Case(479 KB - 4/29/2013)
    The court held that the BIA used the correct standard when considering whether the government officials would acquiesce to his torture, and that substantial evidence supported the BIA’s decision to deny CAT protection. (Suarez-Valenzuela v. Holder, 4/24/13) AILA Doc. No. 13042950.
    AILA Doc. No. 13042950.
  • CA9 on Deportation Suspensions in Light of NACARA(441 KB - 2/1/2013)
    The court held that the petitioner was limited by the modified categorical approach in what evidence he could present to show that his 1996 conviction was not a crime of violence, despite the record of conviction being inconclusive. (Mondragon v. Holder, 1/31/13)
    AILA Doc. No. 13020148.
  • CA4 Holds Asylum Applicant is Subject To Material Support Bar(476 KB - 11/21/2012)
    The court found that the BIA did not err when it held that the petitioner was statutorily ineligible for asylum and withholding of removal because he was a member of, and provided material support to, a terrorist organization. (Viegas v. Holder, 11/19/12)
    AILA Doc. No. 12112145.
  • CA4 Holds Petitioner Who Adjusted to LPR Status in U.S. is Eligible for 212(h) Waiver(490 KB - 11/13/2012)
    Citing its decision in Bracamontes v. Holder, the court held that the petitioner, who entered the U.S. illegally and adjusted to LPR status through an employment-based petition while in the U.S., is eligible to seek a 212(h) waiver. (Leiba v. Holder, 11/9/12)
    AILA Doc. No. 12111361.
  • CA4 on Adverse Credibility Determinations(504 KB - 11/9/2012)
    The court denied withholding of removal and CAT relief, upholding the IJ’s adverse credibility determination and rejecting the petitioner’s argument that the IJ and BIA misapplied REAL ID’s credibility provisions. (Singh v. Holder, 11/5/12)
    AILA Doc. No. 12110948.
  • CA4 Denies NACARA Relief Due to Material Support Bar(487 KB - 8/15/2012)
    The court held that the petitioner was ineligible for NACARA relief because he provided material support to a terrorist organization in the early 1980s by allowing FMLN guerrillas to use his kitchen. (Barahona v. Holder, 8/13/12)
    AILA Doc. No. 12081581.
  • CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)(487 KB - 5/29/2012)
    The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12)
    AILA Doc. No. 12052949.
  • CA4 Grants Petition for Review in Eritrean Asylum Case(1199 KB - 4/18/2012)
    In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren.
    AILA Doc. No. 12041841.
  • CA4 on 212(h) Waiver Eligibility(498 KB - 4/2/2012)
    The court found that an individual who adjusts to LPR status after entering the U.S. can seek a 212(h) waiver, reversing the BIA’s finding that a post-entry adjustment of status constituted an “admission” to the U.S. (Bracamontes v. Holder, 3/29/12).
    AILA Doc. No. 12040243.
  • CA4 on Drug Conviction and Naturalization(475 KB - 2/3/2012)
    The court affirmed a district court decision denying the plaintiff’s application for naturalization, holding his 2002 drug conviction, which was subsequently set aside on rehabilitative grounds, remains unchanged for immigration purposes. (Phan v. Holder, 2/1/12).
    AILA Doc. No. 12020345.
  • CA4 Rejects Matter of Silva-Trevino(531 KB - 1/30/2012)
    The court rejected the framework established in Matter of Silva-Trevino for determining whether a conviction constituted a CIMT, noting that the moral turpitude statute is neither ambiguous nor silent. (Prudencio v. Holder, 1/30/12).
    AILA Doc. No. 12013047.
  • CA4 Finds BIA Applied Wrong Standard of Review(230 KB - 1/27/2012)
    The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12)
    AILA Doc. No. 12012764.
 
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