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2008

  • CA3 Remands Denial of MTR for Asylum Claim Based on One-Child Policy(246 KB - 12/9/2008)
    The court noted that the BIA must consider the evidence and arguments set forth in motions to reopen and found that the BIA abused its discretion by failing to identify or discuss statements and evidence in support of Petitioners’ motions to reopen. (Zheng v. Att’y Gen. of the U.S., 11/26/08)
    AILA Doc. No. 08120962.
  • CA3 Holds Rescission of Adjustment Was Required Within Five Years(111 KB - 11/6/2008)
    The court found that the amendment to INA §246(a) does not undermine the holding that a five-year limitation applies to both rescission and deportation actions taken to invalidate an adjustment that was erroneously granted to an ineligible alien. (Garcia v. Att'y Gen. of the U.S., 7/24/08)
    AILA Doc. No. 08110665.
  • CA3 Remands for Ineffective Assistance and Claim Based on New International Treaty (10/14/2008)
    The court found that Petitioner sufficiently addressed the steps under Lozada to proceed with his ineffective assistance claim and remanded for the BIA to consider how U.S. law complies with the Convention Against Transnational Organized Crime. (Rranci v. Att’y Gen. of the U.S., 8/22/08)
    AILA Doc. No. 08101465.
  • CA3 Finds IJ Abused Discretion in Refusing to Grant Continuance (8/26/2008)
    The court held that the IJ abused his discretion in relying on case completion goals in refusing to grant a continuance to Petitioner, the beneficiary of a pending marriage-based I-130 petition. (Hashmi v. Att’y Gen. of the U.S., 7/7/08)
    AILA Doc. No. 08082666.
  • CA3 Denies CAT Relief to Haitian for Failure to Show Specific Intent to Torture (7/28/2008)
    The court concluded that CAT relief requires a showing of specific intent, that the torturer has the motive and purpose to cause pain or suffering, before it can find that an applicant will be tortured. (Pierre v. Att’y Gen. of U.S., 6/9/08)
    AILA Doc. No. 08072865.
  • CA3 Finds “Persecution” Is Unambiguous When Applied to an Armed Camp Guard (7/22/2008)
    The court concluded that Petitioner, who was an armed Nazi concentration camp guard, “personally advocated or assisted” in the persecution of others and that he was therefore ineligible for a visa under the Refugee Relief Act. (U.S. v. Geiser, 6/10/08)
    AILA Doc. No. 08072263.
  • CA3 Discusses the Effect of a Collateral Attack on the Finality of a Conviction (7/18/2008)
    The court held that the pendency of a writ of error coram nobis collaterally attacking a conviction does not vitiate the finality of the conviction for immigration purposes unless and until the conviction is overturned. (Paredes v. Att’y Gen. of the U.S., 6/9/08)
    AILA Doc. No. 08071875.
  • CA3 Discusses “Concealing,” “Harboring,” and “Shielding” Under INA §274(a)(1)(A)(iii) (7/18/2008)
    The court held that “concealing,” “harboring” and “shielding” under INA §274 encompass conduct tending to substantially facilitate an alien’s remaining in the U.S illegally. (U.S. v. Ozcelik, 5/27/08)
    AILA Doc. No. 08071861.
  • CA3 Finds Administrative Closure Does Not Re-Start Physical Presence for Suspension (7/14/2008)
    The court held that the continuous physical presence clock did not begin anew upon administrative closure of Petitioner’s proceedings because such proceedings were temporarily removed from the IJ’s calendar, not terminated. (Arca-Pineda v. Att’y Gen of the U.S., 5/28/08)
    AILA Doc. No. 08071464.
  • CA3 Rejects Taylor/Shepard Approach in Determining Amount of Loss in Fraud Conviction (7/2/2008)
    The court held that for purposes of the amount of loss under INA §101(a)(43)(M)(i), where a petitioner has not admitted to an amount in a plea, nor has a jury found an amount as part of a conviction, a court may inquire outside the record of conviction. (Nijhawan v. AG of the U.S., 5/2/08)
    AILA Doc. No. 08070261.
  • CA3 Remands Colombian Social Group Asylum Claim (6/23/2008)
    The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08)
    AILA Doc. No. 08062376.
  • CA3 Remands Sierra Leonean Withholding Claim (5/7/2008)
    The court reversed the adverse credibility determination finding that Petitioner’s omissions with respect to dates did not go to the heart of her claim and that the few inconsistencies were the result of translation problems or the IJ’s interruptions. (Kaita v. Att’y Gen. of the U.S., 4/3/08)
    AILA Doc. No. 08050764.
  • CA3 Finds Error in Application of National Security Bar (5/7/2008)
    The court found that the AG ignored clear congressional intent by inquiring whether an applicant “may pose” a danger to the security of the U.S. instead of asking whether he “is” a danger in considering the national security bar. (Yusupov v. Att’y Gen. of U.S., 3/27/08)
    AILA Doc. No. 08050761.
  • CA3 Refuses to Impute Parent’s Continuous Residence to Minor (5/5/2008)
    The court held that the BIA did not err in refusing to impute to a person who entered the U.S. as a minor, the parent’s prior years of continuous residence for purposes of cancellation of removal. (Augustin v. Att’y Gen. of the U.S., 3/20/08)
    AILA Doc. No. 08050537.
  • CA3 Upholds BIA Prohibition on Adopted Children Petitioning for Biological Siblings (4/2/2008)
    The court held that because INA §203(a)(4) is silent with regard to the meaning of “brother” and “sister,” the BIA’s decision that adopted children may not invoke visa preference in favor of their biological siblings is a permissible construction of the statute. (Kosak v. Aguirre, 3/6/08)
    AILA Doc. No. 08040264.
  • CA3 Remands Cases Involving Claimed Nonreceipt of BIA Decisions (2/7/2008)
    The court found jurisdiction to review the denial of Petitioners’ motions to reissue and remanded the cases to the BIA to determine what weight to accord to Petitioners’ affidavits of nonreceipt. (Jahjaga v. Att’y Gen. of the U.S., 1/4/08)
    AILA Doc. No. 08020764.
  • CA3 Overturns Negative Credibility Finding in Burmese Asylum Case (1/17/2008)
    The court held that the IJ failed to elaborate on her reasons for finding that Petitioner’s political activities in Japan and in Burma were not enough to meet the well-founded fear standard. (Thu v. Att’y Gen. of U.S., 12/18/07)
    AILA Doc. No. 08011770.