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Cases & Decisions
CA7 Remands for CIMT Determination under
(118 KB - 12/27/2010)
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth in
Matter of Silva-Trevino
Mata-Guerrero v. Holder
, 11/24/10) AILA Doc. No. 10122743.
AILA Doc. No. 10122743.
CA7 Remands Cancellation Claim for Further Hardship Analysis
(121 KB - 12/27/2010)
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (
Champion v. Holder
, 11/22/10) AILA Doc. No. 10122742.
AILA Doc. No. 10122742.
CA7 on Review of Administrative Closure Decisions
(187 KB - 12/27/2010)
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (
Vahora v. Holder
, 11/15/10) AILA Doc. No. 10122741.
AILA Doc. No. 10122741.
CA7 Dismisses Petition of “Operation Durango” Participant
(112 KB - 12/22/2010)
The court held that it lacked jurisdiction to review the denial of voluntary departure for a petitioner who received passport stamps from an undercover agent as part of a sting operation to target corrupt immigration officials. (
Pawlowska v. Holder
, 10/22/10) AILA Doc. No. 10122242.
AILA Doc. No. 10122242.
CA7 Orders Return of Plaintiff to the U.S. Following Advance Parole Revocation
(166 KB - 12/17/2010)
The court held that 8 CFR §212.5(e)(2)(i) entitled the plaintiff, upon revocation of his advance parole, to the restoration of his pre-parole status of an adjustment of status applicant. (
Samirah v. Holder
, 12/3/10) AILA Doc. No. 10121763.
AILA Doc. No. 10121763.
CA7 Finds CIMT Charge Does Not Impact Aggravated Felony Bar to Relief
(91 KB - 12/14/2010)
CA7 held that a petitioner was ineligible for a §212(c) waiver, finding that if he was removable on an aggravated felony charge, it was irrelevant whether he might be eligible for a waiver based on his separate charge for a CIMT. (
Mancillas-Ruiz v. Holder
, 8/11/10) AILA Doc. No. 10121468.
AILA Doc. No. 10121468.
CA7 Denies Relief to Family Caught Up in Operation Durango
(96 KB - 12/14/2010)
The court denied relief where Petitioners received I-551 stamps from an undercover agent as part of a sting to target corrupt immigration officials, because the stamp was only provided to give the appearance of legitimacy to the operation. (
Mozdzen v. Holder
, 9/7/10) AILA Doc. No. 10121465.
AILA Doc. No. 10121465.
CA7 Finds IJ’s Metaphor on Illegal Immigration Did Not Indicate Bias
(121 KB - 12/14/2010)
The court held that an IJ's metaphor on illegal immigration did not deny petitioner of due process. The IJ said that once DHS locates an alien and “they pick him out of the stream, they don’t throw him back into the stream.” (
Gutierrez-Berdin v. Holder
, 8/19/10) AILA Doc. No. 10121463.
AILA Doc. No. 10121463.
CA7 Remands for Consideration of Psychological Persecution of Parents in FGM Case
(109 KB - 12/14/2010)
The court directed the BIA to address Petitioner’s claim that FGM of her U.S. citizen daughter would constitute direct psychological persecution of the parents. (
Kone v. Holder
, 8/31/10) AILA Doc. No. 10121462.
AILA Doc. No. 10121462.
CA7 Finds Jurisdiction to Review CAT Deferral of Removal Claims
(108 KB - 12/14/2010)
Over dissent, the court found that neither INA §242(a)(2)(B) nor §242(a)(2)(C) bar jurisdiction to review claims regarding the denial of deferral of removal under CAT. (
Issaq v. Holder
, 8/17/10) AILA Doc. No. 10121461.
AILA Doc. No. 10121461.
CA7 Reverses Denial of Colombian Asylum Claim
(136 KB - 12/14/2010)
The court granted the petition for review and reversed the BIA’s denial of the petitioner’s asylum claim, holding that the petitioner was persecuted in the past on account of her anti-FARC political opinion. (
Martinez-Buendia v. Holder
, 8/10/10) AILA Doc. No. 10121460.
AILA Doc. No. 10121460.
CA7 Finds Failure to Appeal BIA Asylum Denial Limits Review
(99 KB - 12/13/2010)
The court denied the petition for review and found that because petitioner did not appeal from the decision of the BIA on his asylum claim, the court was limited to reviewing the denial of his motion to reopen and reconsider (
Victor v. Holder
, 8/6/10) AILA Doc. No. 10121367.
AILA Doc. No. 10121367.
CA7 Finds Failure to Exhaust Administrative Remedies in Withholding Claim
(120 KB - 12/8/2010)
The court dismissed the petition for review, finding that the petitioner failed to exhaust administrative remedies by not preserving the individual-persecution argument for his withholding of removal claim on appeal to the BIA. (
Aguilar-Mejia v. Holder
, 8/6/10) AILA Doc. No. 10120834.
AILA Doc. No. 10120834.
CA7 Remands Chinese Asylum Case on “One-Child” Policy
(101 KB - 12/8/2010)
The court remanded the asylum case of a petitioner opposed to China’s “one-child” policy, finding that the BIA overlooked the critical facts, and then it unconvincingly denied having overlooked them. (
Li v. Holder
, 7/15/10) AILA Doc. No. 10120831.
AILA Doc. No. 10120831.
CA7 Weighs in on 8 CFR §1003.2(d) “Departure Bar”
(114 KB - 12/8/2010)
The court held that 8 CFR §1003.2(d) does not bar BIA jurisdiction over motions to reopen/reconsider where the alien departed the U.S. under an order of removal because an agency may not contract its own jurisdiction by regulation. (
Marin-Rodriguez v. Holder
, 7/14/10) AILA Doc. No. 10120830.
AILA Doc. No. 10120830.
CA7 Remands Asylum Claim of Falun Gong Practitioner
(96 KB - 12/6/2010)
The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (
Qiu v. Holder
, 7/12/10) AILA Doc. No. 10120667.
AILA Doc. No. 10120667.
CA7 Raises Concern on Attorney Failure to Meet Deadlines in Asylum Case
(102 KB - 12/6/2010)
The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (
Umezurike v. Holder
, 7/9/10) AILA Doc. No. 10120665.
AILA Doc. No. 10120665.
CA7 Discusses “Lawfully Admitted for Permanent Residence”
(71 KB - 12/2/2010)
The court held that Petitioner, who had a criminal conviction unknown to the government at the time his application for adjustment of status was approved, was never “lawfully admitted for permanent residence.” (
Estrada-Ramos v. Holder
, 7/1/10) AILA Doc. No. 10120260.
AILA Doc. No. 10120260.
CA7 Denies Motion for Attorney’s Fees in Asylum Case
(91 KB - 6/1/2010)
CA7 denied motion for attorney’s fees, finding that the “position of the United States” as used in the Equal Access to Justice Act does include the BIA’s decision and that the government’s position was substantially justified as a whole. (
Gatimi v. Holder
, 05/17/10). AILA Doc. No. 10060169.
AILA Doc. No. 10060169.
CA7 Grants Petitioner, Finding BIA Interpretation of
(105 KB - 6/1/2010)
CA7 granted petition, finding that petitioner’s challenge to the sufficiency of the notice he received before the agency rescinded his permanent resident status was reviewable. (
Estrada v. Holder
, 05/03/10). AILA Doc. No. 10060168.
AILA Doc. No. 10060168.
Petition Following Supreme Court Remand
(53 KB - 6/1/2010)
CA7 denied petition, finding the BIA did not abuse its discretion when concluding that the evidence did not show a material adverse change in country conditions between 2002 and 2006. (
Kucana v. Holder
, 05/04/10). AILA Doc. No. 10060167.
AILA Doc. No. 10060167.
CA7 on Imputed Political-Opinion and China’s One-Child Policy
(118 KB - 5/24/2010)
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (
Chen v. Holder
, 04/28/10). AILA Doc. No. 10052469.
AILA Doc. No. 10052469.
CA7 Finds Attorney Conduct in Asylum Case Warrants Professional Investigation
(105 KB - 5/24/2010)
CA7 denied petition, noting that a professional investigation of attorney’s handling of the petitioners’ cases appears to be warranted. The court transmitted its decision to the Arkansas Committee on Professional Conduct and EOIR. (
Juarez v. Holder
, 03/12/10). AILA Doc. No. 10052468.
AILA Doc. No. 10052468.
CA7 on Requirements of Cancellation of Removal as a Battered Spouse
(60 KB - 5/24/2010)
CA7 denied petition finding petitioner deportable under §1227(a)(2)(A)(i) and ineligible for cancellation of removal as a battered spouse because he could not meet all five requirements. (
Benaouicha v. Holder
, 04/06/10). AILA Doc. No. 10052467.
AILA Doc. No. 10052467.
CA7 on Retroactive Relief and the Ten-Year Bar
(73 KB - 3/30/2010)
CA7 denied petition affirming BIA ruling that an application for retroactive relief cannot be granted when the effect would be to lift the ten-year bar. (
Gonzalez-Balderas v. Eric Holder
, 3/5/10). AILA Doc. No. 10033065.
AILA Doc. No. 10033065.
CA7 on the Jurisdictional Exception in 8 U.S.C. § 1503(a) Action for Declaration of Nationality
(120 KB - 2/18/2010)
CA7 reversed dismissal for lack of subject matter jurisdiction, finding jurisdictional exception in 8 U.S.C. § 1503(a) was directed at individuals whose claims of nationality were being or had been litigated fully in removal proceedings. (
Ortega v. Holder
, 2/11/10). AILA Doc. No. 10021863.
AILA Doc. No. 10021863.
CA7 Finds Motion to Reopen Time-Barred Where No Basis Offer to Excuse Delay
(61 KB - 2/18/2010)
CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (
Munoz de Real v. Holder
, 2/11/10). AILA Doc. No. 10021862.
AILA Doc. No. 10021862.
CA7 Finds Repeal of INA § 212(c) Not Impermissibly Retroactive
(105 KB - 2/18/2010)
CA7 denied petition, finding petitioner deportable due to his conviction of counterfeiting over two decades ago and holding that repeal of INA § 212(c) is not impermissibly retroactive. (
Canto v. Holder
, 1/28/10). AILA Doc. No. 10021861.
AILA Doc. No. 10021861.
CA7 Finds VWP Waiver of Due Process Rights Must be Knowing and Voluntary
(136 KB - 2/18/2010)
CA7 held that alien’s waiver through Visa Waiver Program of due process rights to which he or she would otherwise be entitled must be knowing and voluntary. The court denied petition, finding petitioner could not demonstrate prejudice (
Bayo v. Napolitano
, 1/20/10). AILA Doc. No. 10021860.
AILA Doc. No. 10021860.
CA7 Finds Denationalization Based on Ethnicity as Form of Persecution in Asylum Case
(85 KB - 1/29/2010)
CA7 remanded, finding that petitioner’s denationalization based on his Eritrean ethnicity was persecution and created a presumption that he has a well-founded fear of being persecuted should he be returned to Ethiopia (
Haile v. Holder
, 1/06/10). AILA Doc. No. 10012964.
AILA Doc. No. 10012964.
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