Set Text Size:

S

S

S

2004 - 1999

  • CA11 Rejects Challenge to Matter of Roldan (10/8/2004)
    The court held that a state conviction is a conviction for immigration purposes, regardless of whether it is later expunged under a state rehabilitative statute, so long as it satisfies the definition of conviction in INA § 101(a)(48)(A). (Resendiz-Alcaraz v. Ashcroft, 9/10/04). AILA Doc. No. 04100861.
  • CA11 Vacates Prior Decision Finding Removability Not Established in Weapons Case and Orders Rehearing En Banc (10/6/2004)
    Applying the highly deferential substantial evidence standard, the court found that the BIA’s deportability finding was not unreasonable despite ambiguities in the conviction document. (Adefemi v. Ashcroft, 9/28/2004). AILA Doc. No. 04100663.
  • CA11 Refuses to Apply Reinstatement Provision Retroactively (9/13/2004)
    The court held that INA § 241(a)(5), as amended by IIRAIRA, cannot be applied retroactively to a petitioner who applied for discretionary relief before IIRIRA's April 1, 1997 effective date. (Sarmiento-Cisneros v. Ashcroft, 8/27/04). AILA Doc. No. 04091368.
  • CA11 Allows District Habeas Review of CAT Claim (8/13/2004)
    The court held that a petitioner can seek habeas review of the denial of a claim for relief under the CAT. Deferring to the BIA’s decision in Matter of J-E-, however, the court affirmed the denial of petitioner’s habeas petition, finding that treatment in Haitian prisons does not rise to the level of torture under CAT. (Cadet v. Bulger, 7/20/04). AILA Doc. No. 04081375.
  • CA11 Holds that Individuals Must Show Prejudice in MTRs Based on Ineffective Assistance of Counsel (7/9/2004)
    The Eleventh Circuit held that individuals who file motions to reopen based on ineffective assistance of counsel must demonstrate in their motion how their prior counsel’s actions (or inactions) prejudiced their removal proceeding. (Dakane v. US Attorney General, 5/25/04). AILA Doc. No. 04070967.
  • CA11 Finds Peruvian Government Does Not Acquiesce to Torture, and Denies CAT Claim (5/25/2004)
    The Eleventh Circuit Court affirmed the BIA's reversal of the IJ's decision granting CAT relief, finding that the petitioner had not proven that the Peruvian government acquiesces in the MRTA's activities. (Reyes-Sanchez v. Ashcroft, 5/12/04). AILA Doc. No. 04052561.
  • CA11 Vacates Prior Decision Finding Removability Not Established in Weapons Case and Orders Rehearing En Banc (3/1/2004)
    The Eleventh Circuit ordered rehearing en banc in Adefemi v. Ashcroft and vacated the panel’s prior decision which held that the INS failed to meet its burden of proving deportability based on an alleged 1991 firearms conviction. (Adefemi v. Ashcroft, 2/24/04). AILA Doc. No. 04030173.
  • CA11 Elian Gonzalez Decision (corrected version) (6/8/2000)
    Court upholds INS's policy decision to reject Cuban child's purported asylum applications. (Gonzalez v. Reno, No. 00-00206-CV-KMM (11th Cir. June 1, 2000)) Correction to earlier posting, which did not include court's footnotes.
  • CA11: Rodriguez, et al v. USA (3/15/1999)
    This appeal involves a class action challenge to the Welfare Reform Act of 1996 (PRWOA), with regards to Supplemental Security Income (SSI) and food stamps. The plaintiffs contend that the statute violates their Fifth Amendment right to equal protection because it does not include among those eligible for benefits all legal aliens. District Court Opinion to dismiss upheld.