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2005

  • CA1 Affirms Ineligibility for §212(c) (12/7/2005)
    The court found that the retroactive application of IIRIRA’s expanded aggravated felony definition did not violate due process, and upheld the IJ’s denial of §212(c) relief based on the comparable grounds rule. (Sena v. Gonzales, 11/2/05)
    AILA Doc. No. 05120710.
  • CA1 Finds Changed Country Conditions in Guatemala (11/22/2005)
    The court found no error in the IJ’s heavy reliance on a DOS country report to support his finding that conditions had changed in Guatemala, making the applicant ineligble for asylum. (Palma-Mazariegos v. Gonzales, 10/28/05)
    AILA Doc. No. 05112262.
  • CA1 Upholds Adverse Credibility in Indonesian Asylum Claim (11/22/2005)
    In an Indonesian Christian asylum case, the court upheld the IJ’s adverse credibility finding and found that due to changed conditions and the fact his family remained unharmed, Petitioner did not have a well-founded fear. (Nikijuluw v. Gonzales, 10/26/05)
    AILA Doc. No. 05112261.
  • CA1 on “Recurring Problem” of Incomplete Transcripts in BIA Review (11/16/2005)
    The court held that a successful due process claim based on an inaccurate or incomplete transcript requires the claimant to show a “specific prejudice to his ability to perfect an appeal.” (Kheireddine v. Gonzales, 10/25/05)
    AILA Doc. No. 05111662.
  • CA1 Finds No Well-Founded Fear for Chinese Asylum Applicant (10/17/2005)
    The court found that Petitioner failed to exhaust his claim of past persecution and could not establish a well-founded fear of future persecution because he admitted that he could return to China without fear. (Xu v. Gonzales, 9/16/05)
    AILA Doc. No. 05101766.
  • CA1 Upholds IJ Denial of Azeri-Armenian Asylum Claim (10/17/2005)
    The court found that Petitioner failed to connect the past harm he suffered to the Armenian government or its inability to prevent the harm, and also found that he had resided safely elsewhere within Armenia. (Harutyunyan v. Gonzales, 9/2/05)
    AILA Doc. No. 05101763.
  • CA1 Treats Habeas Appeal Pending on 5/11/05 as a Petition for Review (10/7/2005)
    The court found that a habeas appeal pending in circuit court on 5/11/05 should be treated as a petition for review, reasoning that such a case is still “pending” in district court within the meaning of the REAL ID Act. (Ishak v. Gonzales, 9/6/05)
    AILA Doc. No. 05100768.
  • CA1 Affirms Habeas Jurisdiction Over Detention Challenges (10/7/2005)
    Based on plain language and legislative history, the court held that the jurisdiction-stripping and transfer provisions of the REAL ID Act did not apply to Petitioner’s habeas petition challenging his continued detention. (Hernandez v. Gonzales, 9/16/05)
    AILA Doc. No. 05100766.
  • CA1 Remands Albanian Asylum Claim for BIA Clarification (9/19/2005)
    The court remanded to the BIA to clarify why it found that Petitioner had not established past persecution or a well-founded fear, where he testified that he was arrested, imprisoned, deprived of food, beaten, and threatened with death. (Halo v. Gonzales, 8/17/05)
    AILA Doc. No. 05091961.
  • CA1 Upholds Adverse Credibility Finding in Chinese Asylum Case (9/9/2005)
    The court sidestepped the issue of whether Petitioner was eligible for asylum based on his girlfriend’s forced abortion, and denied the petition, finding the IJ’s adverse credibility determination was supported by substantial evidence. (Chen v. Gonzales, 8/12/05)
    AILA Doc. No. 05090963.
  • CA1 Finds Short Detentions Do Not Amount to Persecution (8/31/2005)
    In an Albanian asylum claim, the court held that because Petitioner’s detentions lasted only 24 hours and he never needed medical attention as a result of the beatings he received, the harm did not amount to persecution. (Topalli v. Gonzales, 8/2/05)
    AILA Doc. No. 05083160.
  • CA1 Upholds Denial of Asylum for Chinese Catholic (8/24/2005)
    The court found no evidence that Petitioner suffered mistreatment in China because of her Catholic faith and that the climate in China was generally not oppressive for Catholics. (Zheng v. Gonzales, 8/4/05)
    AILA Doc. No. 05082465.
  • CA1 on Aggravated Felony Bar to §212(c) Relief (8/15/2005)
    The court held that Petitioner, whose application for §212(c) was delayed for years due to an erroneous agency legal interpretation, such that he had served more than 5 years by the time he could proceed, is barred from relief. (Pereira v. Gonzales, 7/21/05)
    AILA Doc. No. 05081561.
  • CA1 Upholds IJ’s Adverse Credibility Finding in Albanian Asylum Case (8/11/2005)
    The court found that IJ correctly identified inconsistencies in Petitioner’s testimony and application, offered specific reasons for the adverse credibility finding, and properly relied on the 2001 DOS country report for Albania. (Dhima v. Gonzales, 7/28/05)
    AILA Doc. No. 05081163.
  • CA1 Remands Cambodian Withholding Claim for Past Persecution Determination (8/10/2005)
    The court remanded the case for further consideration of Petitioner’s past persecution claim, noting that Petitioner received both explicit and implicit death threats, and that a threat to life could amount to persecution. (Un v. Gonzales, 7/21/05)
    AILA Doc. No. 05081061.
  • CA1 Finds No Objectively Reasonable Fear for Eritrean from Ethiopia (8/9/2005)
    The court held that substantial evidence supported the IJ’s finding that country conditions had changed such that the ethnic Eritrean petitioner would not be denied employment or deported to Eritrea if she returned to Ethiopia. (Negeya v. Gonzales, 7/27/05)
    AILA Doc. No. 05080962.
  • CA1 Upholds IJ’s Adverse Credibility Determination in Albanian Claim (8/5/2005)
    The court agreed with the IJ that the Albanian asylum applicant was not credible, failed to link the claimed attacks to his political beliefs, and presented corroborating evidence that undermined his claim. (Kasneci v. Gonzales, 7/21/05)
    AILA Doc. No. 05080561.
  • CA1 Addresses Voluntary Departure Pending Judicial Review (7/21/2005)
    The court found that it lacked the authority to reinstate an expired voluntary departure period, but may grant a motion to stay an unexpired voluntary departure period under the same test for adjudicating a stay of removal. (Bocova v. Gonzales, 6/24/05)
    AILA Doc. No. 05072166.
  • CA1 Upholds Adverse Credibility Where Applicant Omitted Physical Abuse (6/15/2005)
    The court found that the omission of two significant incidents of abuse and torture by a Palestinian from Lebanon in his asylum application and testimony to an asylum officer supported the IJ’s finding that he was not credible. (Sharari v. Gonzalez, 5/16/05)
    AILA Doc. No. 05061560.
  • CA1 Finds Jurisdiction to Review Denial of Hardship Waiver (5/4/2005)
    The court held that INA §242(a)(2)(B)(ii) did not preclude review of a hardship waiver, because the “decision or action” -- that Petitioner was ineligible because she failed to prove she married in good faith -- is not discretionary. (Cho v. Gonzales, 4/19/05)
    AILA Doc. No. 05050415.
  • CA1 Denies Asylum Based on Single Incident of Harm and Changed Conditions (4/11/2005)
    The court found that Petitioner failed to show past persecution or a well-founded fear based on a single incident of harm to his father, the lack of harm to family members still in Guatemala, and changed conditions. (Rodriguez-Ramirez v. Ashcroft, 2/17/05)
    AILA Doc. No. 05041164.
  • CA1 Upholds Denial of Asylum for Coptic Christian from Egypt (4/11/2005)
    The court upheld the IJ’s determination that Petitioner lacked a subjective fear of persecution because he returned to Egypt on three separate occasions, and failed to corroborate his claim of past persecution. (Diab v. Ashcroft, 2/8/05)
    AILA Doc. No. 05041163.
  • CA1 Affirms LPR Abandonment Finding (3/14/2005)
    The court held that substantial evidence supported the IJ’s order of exclusion against Petitioner for having abandoned his permanent resident status in the U.S. in favor of residence in Canada. (Katebi v. Ashcroft, 2/3/05)
    AILA Doc. No. 05031460.
  • CA1 Declines to Address Whether “Whistleblowers” Are a Social Group (3/11/2005)
    The court avoided the issue of whether “whistleblowers” constitutes a particular social group because it found that Petitioner failed to show that he suffered persecution on account of his membership in such a group. (Da Silva v. Ashcroft, 1/5/05)
    AILA Doc. No. 05031160.
  • CA1 Vacates Denial of Asylum for Dual Ugandan/Rwandan Citizen (1/27/2005)
    The court held that the BIA’s denial was not supported by substantial evidence where Petitioner presented an adequate account of events, supplied sufficient corroborating evidence, and had a genuine, subjective fear of persecution. (Mukamusoni v. Ashcroft, 12/1/04)
    AILA Doc. No. 05012765.
  • CA1 Upholds IJ/BIA Refusal to Reopen In Absentia Order (1/24/2005)
    The court upheld the BIA’s denial of Petitioner’s motion to reconsider the IJ’s denial of a motion to reopen an in absentia removal order where Petitioner failed to establish lack of notice. (Sousa v. Ashcroft, 1/3/2005)
    AILA Doc. No. 05012461.
  • CA1 Strikes Down Arriving Alien Adjustment Regulation (1/7/2005)
    In a landmark decision, the court held that 8 CFR §245.1(c)(8) was invalid because it was inconsistent with the clear intent of Congress in INA §245(a) to allow parolees to adjust status. (Succar v. Ashcroft, 1/5/05)
    AILA Doc. No. 05010763.
 
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