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2004 - 2002

  • CA6 Finds Jurisdiction to Review BIA’s AWO Denial of Remand Motion (12/14/2004)
    The court held that review of the denial of a motion to remand for adjustment was not barred under INA §242(a)(2)(B)(i) because the motion did not involve the consideration of the merits of the adjustment application. (Pilica v. Ashcroft, 11/15/04)
    AILA Doc. No. 04121441.
  • CA6 Finds INA § 242(g) Bars Habeas Review of District Director’s Decision to Deny a Stay Request (12/1/2004)
    The court found that INA § 242(g) barred habeas review of the district director’s decision to deny a stay request because the decision is essentially a determination to execute an order of removal. (Moussa v. Jenifer, 11/8/04)
    AILA Doc. No. 04120166.
  • CA6 Vacates Order Denying Asylum Application as Untimely Filed (10/26/2004)
    Where the IJ's adverse credibility determination was the basis for her conclusion that the asylum application was not timely filed and the BIA rejected that determination, CA6 held that the BIA erred by failing to explain how it upheld the IJ's conclusion. (Gjyzi v. Ashcroft, 10/13/04)
    AILA Doc. No. 04102611.
  • CA6 Finds that IJ Improperly Considered Unproven Sex Allegations and Reverses Adjustment Denial (10/6/2004)
    The court held that the IJ's consideration of the unproven allegations of sexual misconduct contravened the BIA's decision in Matter of Catalina Arreguin de Rodriguez, 21 I. & N. Dec. 38 (1995) and necessarily prejudiced petitioner. (Billeke-Tolosa v. Ashcroft, 9/30/2004)
    AILA Doc. No. 04100660.
  • CA6 BIA Lack Authority to Reinstate VD Period When Motion to Reopen Deportation Proceedings Is Denied (9/15/2004)
    The court held that the BIA lacks authority to reinstate the voluntary departure when denying a motion to reopen. The court also lacks jurisdiction to reinstate the voluntary departure period in transitional rule cases. (Harchenko v. Ashcroft, 7/30/04)
    AILA Doc. No. 04091560.
  • CA6 Finds that St. Cyr Applies Where the Second of the Two CIMTs Resulted From a Plea (8/13/2004)
    CA6 found that applying the repeal of § 212(c) to a petitioner charged with 2 unconnected crimes of moral turpitude would have impermissible retroactive effect, where the first conviction resulted from a trial and the second conviction was sustained by guilty plea. (Thaqi v. Jenifer, 7/23/04)
    AILA Doc. No. 04081379.
  • CA6 Affirms Habeas Jurisdiction to Review Reinstatement of Prior Removal Order (8/12/2004)
    Affirming habeas corpus jurisdiction to review both a reinstatement order and the prior removal order, CA6 concluded that petitioner’s drug conviction was an aggravated felony because it was punishable under the Controlled Substances Act. (Garcia-Echaverria v. United States, 7/1/2004)
    AILA Doc. No. 04081267.
  • CA6 Holds that Both Mother & Daughter Qualify for Asylum based on Threat of Daughter's FGM (7/9/2004)
    The Sixth Circuit held that both a mother and minor daughter could qualify for asylum based on the fear that the daughter would be subjected to female genital mutilation (FGM) if forced to return to Ethiopia. (Abay v. Ashcroft, 5/19/04)
    AILA Doc. No. 04070966.
  • CA6 Applies Substantial Evidence Test in Adverse Credibility Determination Review (4/27/2004)
    The Sixth Circuit Court concluded that current INA § 242(b)(4)(B)’s repeal of former INA § 106(a)(4) basically codified the pre-IIRIRA “substantial evidence” standard for evaluating an IJ’s factual determinations. (Yu v. Ashcroft, 04/15/04)
    AILA Doc. No. 04042765.
  • CA6 Remands Case on Terrorist Organization Issue (1/29/2004)
    CA6 held that the BIA erred and abused its discretion when it denied a motion to remand where an organization was not designated a terrorist organization at the time of petitioner's involvement, and the record contained several favorable factors. (Daneshvar v. Ashcroft, 01/20/04)
    AILA Doc. No. 04012948.
  • CA6 Grants Audita Querela to Stop Unconscionable Removal (1/23/2004)
    Writ of audita querela granted based on the severe punishment for minor juvenile offenses, INS delays, removal proceedings based on a violation of state law sealing the juvenile records, and petitioner was not informed of the immigration consequences of her plea. (Ejelonu v. INS, 01/08/04)
    AILA Doc. No. 04012313.
  • CA6 Holds that It Can Stay Voluntary Departure (1/6/2004)
    The Sixth Circuit concluded that it has equitable authority to stay a voluntary departure period. (Nwankanma v. Ashcroft, 12/10/03)
    AILA Doc. No. 04010612.
  • CA6 Upholds AWO Procedure (1/5/2004)
    The Sixth Circuit upheld the BIA's Affirmance Without Decision process. It also upheld the IJ's denial of a motion to rescind an in absentia order. (Denko v. INS, 12/8/03)
    AILA Doc. No. 04010520.
  • CA6 Limits Section 236(c) Detention to Reasonable Period (12/24/2003)
    The Sixth Circuit held that detention under section 236(c) is limited to a reasonable period, finding that where actual removal is not reasonably foreseeable, a person cannot be indefinitely detained wihtout strong special justification. (Ly v. Hansen, 11/26/03)
    AILA Doc. No. 03122419.
  • CA6 Rejects Late-Filed Appeal (12/24/2003)
    The Sixth Circuit rejected an appeal as untimely where counsel's miscalculation of the due date due to a law practice crisis did not amount to "extraordinary and unique" circumstances, and where the requirements of an ineffective assistance claim were not met. (Sswajje v. Ashcroft, 11/21/03)
    AILA Doc. No. 03122415.
  • CA6 Rejects Jurisdiction in Asylum Time-Bar Case (10/14/2003)
    The Sixth Circuit held that it lacked jurisdiction under INA section 208(a)(3) to review a BIA finding that an asylum application was untimely filed. (Castellano-Chacon v. INS, 8/18/03)
    AILA Doc. No. 03101417.
  • Blanket Closure of Special Interest Hearings Ruled Unconstitutional (8/28/2002)
    Text of Sixth Circuit decision declaring that Chief Immigration Judge Creppy's directive to close all special interest cases violates the First Amendment. Detroit Free Press (Haddad) v. Ashcroft (8/26/02)
    AILA Doc. No. 02082840.