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2011

  • CA4 Upholds Adverse Credibility in Cameroonian Asylum Claim(265 KB - 12/7/2011)
    Over dissent, the court upheld the adverse credibility finding based on the inconsistency arising from Petitioner’s eviction notice suggesting she was not in hiding as she claimed and the omission in her application of her role in the SCNC. (Djadjou v. Holder, 12/5/11) AILA Doc. No. 11120773.
    AILA Doc. No. 11120773.
  • CA4 on Jurisdiction over BIA Remand for Voluntary Departure(39 KB - 12/5/2011)
    The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D). (Li v. Holder, 12/2/11) AILA Doc. No. 11120560.
    AILA Doc. No. 11120560.
  • CA4 Says Physical Presence at the Border Is Not a Necessary Condition for Smuggling(36 KB - 10/28/2011)
    The court upheld the IJ’s finding that Petitioners lacked good moral character for purposes of NACARA where they violated INA §212(a)(6)(E) by sending money to their children to assist them in entering the U.S. illegally. (Ramos v. Holder, 10/27/11) AILA Doc. No. 11102865.
    AILA Doc. No. 11102865.
  • CA4 on Circuit Court Jurisdiction and Venue(46 KB - 7/5/2011)
    The court held that INA §242(b)(2) does not deprive it of subject matter jurisdiction and that 28 USC §1631, which speaks of jurisdiction, permits the court to transfer in the “interest of justice” when venue is lacking (Sorcia v. Holder, 7/1/11) AILA Doc. No. 11070561.
    AILA Doc. No. 11070561.
  • CA4 Says Inconclusive Conviction Record Is Insufficient to Meet Cancellation Burden(233 KB - 5/25/2011)
    The court rejected the argument that Petitioner satisfied his burden of proof to demonstrate he had not been convicted of an aggravated felony by presenting an inconclusive, though complete, record of conviction. (Salem v. Holder, 5/24/11) AILA Doc. No. 11052561.
    AILA Doc. No. 11052561.
  • CA4 Reverses BIA, Remands MS-13 Asylum Claim(51 KB - 2/17/2011)
    The court found that the BIA’s determination that “family members of those who actively oppose gangs in El Salvador by agreeing to be prosecutorial witnesses” was not a particular social group, was manifestly contrary to law. (Crespin-Valladares v. Holder, 2/16/11) AILA Doc. No. 11021763.
    AILA Doc. No. 11021763.
  • CA4 Denies Salvadoran Withholding Claim Based on Social Group(46 KB - 1/21/2011)
    The court held that young, Americanized, well-off Salvadoran male deportees with criminal histories who oppose gangs is not narrow or enduring enough to clearly delineate its membership or readily identify its members. (Lizama v. Holder, 1/19/11) AILA Doc. No. 11012162.
    AILA Doc. No. 11012162.
  • CA4 Finds Virginia First Offender Adjudication Is Not a Conviction(63 KB - 1/13/2011)
    The court held that Petitioner’s disposition for possession of marijuana under Virginia Code §18.2-251, a first offender deferred adjudication statute, did not constitute a “conviction” under INA §101(a)(48). (Crespo v. Holder, 1/11/11) AILA Doc. No. 11011332.
    AILA Doc. No. 11011332.