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2011 - 2010

  • CA1 Remands on Equitable Tolling and Ten-Year Bar(77 KB - 12/15/2011)
    The court found that the IJ inadequately explained her rationale for rejecting tolling and imposing the ten-year bar for overstaying voluntary departure and that her failure to engage with the petitioner’s arguments was arbitrary and an abuse of discretion. (Romer v. Holder, 12/12/11)
    AILA Doc. No. 11121560.
  • CA1 Upholds Denial of I-751 Hardship Waiver(255 KB - 12/7/2011)
    The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day. (McKenzie-Francisco v. Holder, 12/5/11)
    AILA Doc. No. 11120760.
  • CA1 Rejects Padilla-Based Challenge in Motion to Reopen(70 KB - 11/8/2011)
    The court upheld the BIA’s denial of Petitioner’s motion to reopen where his request to excuse the untimely filing rested on Padilla v. Kentucky, but he made no effort to mount a state court challenge to his conviction. (Matos-Santana v. Holder, 11/2/11)
    AILA Doc. No. 11110863.
  • CA1 Upholds Denial of Roma Asylum Claim Based on Inconsistent Testimony(69 KB - 10/28/2011)
    The court found although the mistreatment described by Petitioner was plausible, and the tensions in his testimony could be resolved either way, the IJ’s unwillingness to accept the key testimony had some basis in the record. (Stanciu v. Holder, 10/25/11)
    AILA Doc. No. 11102860.
  • CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution(71 KB - 8/12/2011)
    The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)
    AILA Doc. No. 11081261.
  • CA1 Upholds Adverse Credibility in Ivory Coast Asylum Claim(128 KB - 5/24/2011)
    Over dissent, the court denied the petition, noting that Petitioner used nearly identical language to describe his mistreatment as that used in an Amnesty International report, and where his testimony was inconsistent and uncorroborated. (Dehonzai v. Holder, 5/23/11)
    AILA Doc. No. 11052465.
  • CA1 Finds Rape of Cambodian Woman Was Not Politically Motivated(58 KB - 5/16/2011)
    The court upheld the IJ’s denial of asylum, finding that the evidence suggested that the rapist took personal advantage of information that Petitioner was vulnerable in her husband’s absence, not that the rapes were politically motivated. (Pheng v. Holder, 5/12/11)
    AILA Doc. No. 11051660.
  • CA1 Remands 18-Year Old Asylum Claim of Peruvian Military Officer(124 KB - 3/25/2011)
    The court rejected the argument that the Shining Path was motivated by revenge, and remanded for a determination whether “Peruvian military officers whose names are associated with [the massacre at] Accomarca” is a social group. (Castaneda-Castillo v. Holder, 3/24/11)
    AILA Doc. No. 11032533.
  • CA1 Says Expedited Removal Breaks Physical Presence for Cancellation(102 KB - 2/17/2011)
    The court denied the petition for review, finding the BIA’s determination that an expedited removal order halts continuous physical presence for purposes of cancellation of removal was reasonable. (Vasquez v. Holder, 2/16/11)
    AILA Doc. No. 11021761.
  • CA1 Upholds Denial of Asylum for Coptic Christian from Egypt(74 KB - 2/14/2011)
    The court found (1) the harm Petitioner suffered did not rise to the level of persecution; (2) a lack of connection between the harm and government action or inaction; and (3) no nexus to show that the harm was on account of his religion. (Morgan v. Holder, 2/11/11)
    AILA Doc. No. 11021461.
  • CA1 Rejects Asylum Claim Based on Fear of FGM to Daughter(265 KB - 1/26/2011)
    The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
    AILA Doc. No. 11012661.
  • CA1 Affirms Denial in Marriage Fraud Case(58 KB - 12/20/2010)
    The court upheld the BIA’s and IJ’s conclusions that the petitioner engaged in marriage fraud and found that it lacked jurisdiction to review the denial of voluntary departure. (Pena-Beltre v. Holder, 10/13/10)
    AILA Doc. No. 10122068.
  • CA1 Remands Citing DHS Child Asylum Guidelines(225 KB - 10/18/2010)
    The court vacated the panel opinion and BIA decision with advice to the BIA to remand to the IJ for evaluation of the Honduran asylum claim in light of DHS Guidelines for Children’s Asylum Claims. Vacated 4/6/10 opinion follows order. (Mejilla-Romero v. Holder, 8/6/10)
    AILA Doc. No. 10101862.
  • CA1 Dismisses Cancellation Case for Lack of Jurisdiction(84 KB - 10/8/2010)
    The court found no jurisdiction to review the denial of cancellation of removal where the claimed error of law was not raised before the IJ or the BIA and other claims were challenges to factual findings. (Santana-Medina v. Holder, 8/10/10)
    AILA Doc. No. 10100872.
  • CA1 Denies Asylum Claim of Former Cambodian Police Officer(58 KB - 10/8/2010)
    The court held that fears resulting solely from past conduct as an honest police officer and potential victimization by corrupt police officers and criminals in the future does not qualify as persecution based on one of the protected grounds. (Ly v. Holder, 7/28/10)
    AILA Doc. No. 10100867.
  • CA1 Finds Jurisdiction to Review BIA Denial of Equitable Tolling(62 KB - 10/8/2010)
    The court found jurisdiction to review the BIA’s decision to deny equitable tolling of the time and number limitations on the motion to reopen, but not to review the BIA’s refusal to sua sponte reopen. (Neves v. Holder, 7/21/10)
    AILA Doc. No. 10100863.
  • CA1 on Disclosure of Prior Marriage in Adjustment Interview(284 KB - 9/29/2010)
    The court found that the failure of the applicant to identify all children and a prior spouse in the adjustment of status interview was false testimony precluding a finding of good moral character for cancellation of removal. (Toribio-Chavez v. Holder, 7/8/10)
    AILA Doc. No. 10092960.
  • CA1 Declines to Exercise Jurisdiction Based on Voluntary Departure Regulation(71 KB - 8/16/2010)
    The court dismissed the petition for review, declining to permit the petitioner to circumvent 8 CFR §1240.26(i) by allowing him to seek both voluntary departure and judicial review. (Hakim v. Holder, 7/9/10)
    AILA Doc. No. 10081664.
  • CA1 Finds "Youths Who Resist Gang Recruitment" Is Not a Social Group(71 KB - 8/16/2010)
    Citing Mendez-Barrera v. Holder, the court held that "youths who resist gang recruitment" does not constitute a particular social group. (Larios v. Holder, 6/21/10)
    AILA Doc. No. 10081662.
  • CA1 Finds "Young Women Who Resist Gang Recruitment" Is Not a Social Group.(65 KB - 8/16/2010)
    The court held that "young women who resist gang recruitment" do not constitute a legally cognizable social group because the proposed group lacks social visibility and is not sufficiently particular. (Mendez-Barrera v. Holder, 4/15/10)
    AILA Doc. No. 10081661.
  • CA1 Upholds Asylum Denial Based on Changed Circumstances in Albania(59 KB - 8/16/2010)
    The court affirmed the BIA’s denial of asylum, finding that the 2006 Department of State Country Report and Asylum Profile demonstrated changed conditions in Albania. (Nako v. Holder, 7/7/10)
    AILA Doc. No. 10081660.
  • CA1 Finds BIA Erred in Mailing Briefing Schedule to Incomplete Address(265 KB - 7/28/2010)
    The court found that the BIA abused its discretion by issuing a poorly reasoned decision on whether Petitioner was entitled to have her proceedings reopened due to inadequate notice of the briefing schedule. (Aponte v. Holder, 6/18/10)
    AILA Doc. No. 10072860.
  • CA1 Affirms BIA Denial of Motion to Reopen to Adjust Status(65 KB - 6/1/2010)
    The court held that the BIA acted within its discretion in denying petitioner’s motion to reopen to adjust status based on his well-documented credibility problems. (Chi v. Holder, 5/26/10)
    AILA Doc. No. 10060162.
  • CA1 on Ineffective Assistance of Counsel and Exceptional Circumstances(64 KB - 6/1/2010)
    The court upheld the denial of the motion to rescind the in absentia order where notice of the hearing was sent only to the attorney, and the attorney spoke to Petitioner’s wife, but did not directly inform Petitioner of the hearing date. (Reis v. Holder, 5/21/10)
    AILA Doc. No. 10060160.
  • CA1 Says Petitioner Not Eligible for 245(i) Grandfathering(63 KB - 3/12/2010)
    The court upheld the BIA’s denial of adjustment of status, finding Petitioner ineligible because he entered the U.S. illegally and could not be grandfathered under INA §245(i). (Castro-Soto v. Holder, 2/24/10)
    AILA Doc. No. 10031268.
  • CA1 Grants Qualified Immunity to Officer for Actions During Traffic Stop(100 KB - 3/8/2010)
    The court held that qualified immunity protected the officer from any possible constitutional violations that he may have committed in asking the van's passengers questions about their immigration status and in contacting ICE. (Estrada v. Rhode Island, 2/4/10)
    AILA Doc. No. 10030871.
  • CA1 Affirms BIA Denial of Derivative Citizenship(91 KB - 1/25/2010)
    The court rejected Petitioner’s claim that he qualified for derivative citizenship through his biological mother under the Child Citizenship Act and affirmed the BIA’s refusal to terminate proceedings. (Walker v. Holder, 12/11/09)
    AILA Doc. No. 10012564.
 
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