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2011

  • CA6 Stays Appeal Upon Discovery of Translation Error(45 KB - 11/9/2011)
    The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA. (Sea v. Holder, 11/8/11) AILA Doc. No. 11110943.
    AILA Doc. No. 11110943.
  • CA6 Elaborates on Jurisdiction to Review Hardship for Cancellation of Removal(32 KB - 10/11/2011)
    Though noting the sympathetic nature of the case, the court found no jurisdiction to review Petitioner’s claim that the IJ failed to consider hardship facts for cancellation of removal and dismissed the petition for review. (Ettienne v. Holder, 10/5/11) AILA Doc. No. 11101161.
    AILA Doc. No. 11101161.
  • CA6 Joins Sister Circuits in Upholding Matter of Acosta Hidalgo(257 KB - 9/8/2011)
    The court upheld Acosta Hidalgo’s interpretation of 8 CFR §1239.2(f), that removal proceedings may only be terminated under that provision where DHS affirmatively attests to the alien’s prima facie eligibility for naturalization. (Shewchun v. Holder, 9/8/11) AILA Doc. No. 11090866.
    AILA Doc. No. 11090866.
  • CA6 Finds No Jurisdiction to Review Decision to Enforce Removal Order(24 KB - 9/7/2011)
    The court rejected Petitioner’s argument that the government’s act of enforcing a 1996 deportation order in 2009 amounted to a de facto final order of removal and dismissed the petition for lack of jurisdiction. (Casillas v. Holder, 9/2/11) AILA Doc. No. 11090762.
    AILA Doc. No. 11090762.
  • CA6 Upholds Voluntary Departure Regulation at 8 CFR §1240.26(i)(42 KB - 8/29/2011)
    The court held that 8 CFR §1240.26(i), which provides for the automatic termination of voluntary departure upon the filing of a petition for review, is valid given the AG’s statutory discretion to grant voluntary departure. (Hachem, et al. v. Holder, 8/29/11) AILA Doc. No. 11082966.
    AILA Doc. No. 11082966.
  • CA6 Says BIA Remand for Voluntary Departure Is a Final Order Subject to Review(74 KB - 8/12/2011)
    The court held that the BIA’s remand to the IJ for the sole purpose of allowing Petitioners to apply for voluntary departure was an administratively final order of removal for purposes of INA §242, subject to the court’s review. (Giraldo v. Holder, 8/12/11) AILA Doc. No. 11081232.
    AILA Doc. No. 11081232.
  • CA6 Finds Jurisdiction to Review Denial of Venue Transfer(243 KB - 7/6/2011)
    Finding the Supreme Court decision Kucana v. Holder controlling, the court held that it had jurisdiction to decide whether the immigration judge’s denial of a venue-transfer motion was an abuse of discretion. (Dugboe v. Holder, 7/6/11) AILA Doc. No. 11070669.
    AILA Doc. No. 11070669.
  • CA6 Remands for BIA Finding on Whether Citizenship Revocation Is Persecution(56 KB - 5/20/2011)
    The court remanded the case, finding that the BIA failed to consider whether the revocation of Petitioner’s Estonian citizenship on account of her Russian ethnicity amounted to persecution. (Stserba v. Holder, 5/20/11) AILA Doc. No. 11052073.
    AILA Doc. No. 11052073.
  • CA6 Finds Michigan Possession with Intent to Deliver Is an Aggravated Felony(70 KB - 3/28/2011)
    The court rejected the argument that a violation of Mich. Comp. Laws §333.7401(2)(d)(iii) was comparable to the misdemeanor federal provision, 21 USC §841(b)(4), because the amount of marijuana is not an element of the federal felony. (Garcia v. Holder, 3/28/11) AILA Doc. No. 11032839.
    AILA Doc. No. 11032839.
  • CA6 Remands, Finding Past Persecution in Sierra Leone Withholding Claim(37 KB - 2/15/2011)
    The court held that the record established that Petitioner was targeted for his political opinion when his house was burned down, and the totality of the circumstances, including his son’s murder, satisfies a finding of past persecution. (Vincent v. Holder, 2/15/11) AILA Doc. No. 11021563.
    AILA Doc. No. 11021563.
  • CA6 Upholds IJ Denial of Social Group Claim from Guinea(40 KB - 2/7/2011)
    The court held that the immigration judge reasonably determined that “women subjected to rape as a method of government control” is not a particular social group because of its general, far-reaching, and circular nature. (Kante v. Holder, 1/7/11) AILA Doc. No. 11020760.
    AILA Doc. No. 11020760.
  • CA6 Says “Departure Bar” to Motions to Reopen Is Not a Jurisdictional Rule(45 KB - 2/3/2011)
    The court held that 8 CFR §1003.2(d) is not a jurisdictional rule, and therefore, the BIA may not disclaim jurisdiction to review Petitioner’s motion to reopen, which was filed after he departed the United States under an order of removal. (Pruidze v. Holder, 2/3/11) AILA Doc. No. 11020363.
    AILA Doc. No. 11020363.