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Second Circuit

2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 - 1998

  • CA2 Holds Petitioner Is Not Eligible for Cancellation of Removal(495 KB - 5/20/2013)
    The court held that the petitioner’s encounters with CBP were “formal, documented” processes through which he was determined to be inadmissible, and that his “voluntary returns” to Mexico therefore severed his physical presence. (Rosario-Mijangos v. Holder, 5/16/13) AILA Doc. No. 13052052.
    AILA Doc. No. 13052052.
  • CA2 on Eligibility for “Special Rule Cancellation of Removal”(624 KB - 5/15/2013)
    The court held that, as an unadmitted alien, the petitioner cannot be ineligible for NACARA relief because of a conviction that would make him deportable under INA §237, and that the BIA’s interpretation is inconsistent with the regulation. (Reyes v. Holder, 5/3/13) AILA Doc. No. 13051556.
    AILA Doc. No. 13051556.
  • CA2 on False Claims to U.S. Citizenship(551 KB - 5/7/2013)
    The court remanded the case the BIA to determine in the first instance whether an individual is inadmissible under §212(a)(6)(C)(ii)(I) if he or she makes a false claim to USC in order to avoid being placed in removal proceedings. (Richmond v. Holder, 4/30/13) AILA Doc. No. 13050746.
    AILA Doc. No. 13050746.
  • CA2 Holds District Court Did Not Have Jurisdiction to Review 212(i) Waiver(470 KB - 4/29/2013)
    The court upheld the district court’s determination that it did not have jurisdiction to review the decision of USCIS to deny the petitioner’s 212(i) waiver. (Shabaj v. Holder, 4/25/13) AILA Doc. No. 13042951.
    AILA Doc. No. 13042951.
  • CA2 Holds That NY Attempted Arson is an Aggravated Felony(676 KB - 4/23/2013)
    The court held that the petitioner is not eligible for cancellation of removal because his conviction under NY Penal Law §§150.15, 110.00 for second degree attempted arson is a “crime of violence,” and, therefore, an aggravated felony. (Santana v. Holder, 4/22/13) AILA Doc. No. 13042354.
    AILA Doc. No. 13042354.
  • Sample BIA Acknowledgement of Remand by Second Circuit(894 KB - 4/1/2013)
    Sample BIA “Acknowledgement of Court Order” issued in response to a case that was remanded by the Second Circuit pursuant to Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. Courtesy of Gary Yerman. AILA Doc. No. 13040150.
    AILA Doc. No. 13040150.
  • CA2 Holds NY Conviction for Sale of Controlled Substance is Aggravated Felony(471 KB - 2/25/2013)
    The court held that the petitioner’s conviction for third degree criminal sale of a controlled substance in violation of New York Penal Law § 220.39(1) was an aggravated felony. (Pascual v. Holder, 2/19/13) AILA Doc. No. 13022565.
    AILA Doc. No. 13022565.
  • CA2 Finds District Court Did Not Have Jurisdiction to Review 212(i) Waiver Denial(418 KB - 1/18/2013)
    The court held that it did not have jurisdiction to review the petitioner’s 212(i) waiver denial, noting that even if the complaint had raised constitutional claims, the district court did not have jurisdiction to review those claims. (Shabaj v. Holder, 1/15/13) AILA Doc. No. 13011843.
    AILA Doc. No. 13011843.