Set Text Size:

S

S

S

2006

  • CA1 Holds Adjustment Granted by INS Outside Proceedings Invalid (12/28/2006)
    The court found no due process violation in refusing Petitioner a hearing on whether his status was lawfully adjusted by INS, because he was in proceedings at the time the application was granted and should have filed with the IJ. (Dar-Salameh v. Gonzales, 11/15/06)
    AILA Doc. No. 06122862.
  • CA1 Upholds Adverse Credibility Finding in Chinese Christian Asylum Case (11/10/2006)
    The court found that Petitioner only addressed two of the 11 reasons enumerated for the adverse credibility finding, and that the finding would stand even if the IJ correctly analyzed Petitioner’s testimony about his job discharge. (Zheng v. Gonzales, 9/26/06)
    AILA Doc. No. 06111020.
  • CA1 Finds Date of Criminal Conduct Irrelevant Under AEDPA Bar to §212(c) (11/1/2006)
    The court held that AEDPA §440(d) barred §212(c) relief because Petitioner was convicted of the relevant offense after the Act’s effective date. The fact that the conduct took place before the effective date was irrelevant. (Santa Cruz-Bucheli v. Gonzales, 9/22/06)
    AILA Doc. No. 06110162.
  • CA1 Rejects Constitutional Challenges to NSEERS Program (11/1/2006)
    The court refused to suppress evidence obtained during Petitioner’s NSEERS interview, concluding that his Fifth Amendment due process rights had not been violated and that the program does not violate equal protection principles. (Kandamar v. Gonzales, 9/26/06)
    AILA Doc. No. 06110161.
  • CA1 Upholds Adverse Credibility Finding Despite Child’s Asylum Grant (10/31/2006)
    The court held that the IJ gave specific cogent reasons for disbelieving Petitioners, including their failure to mention their daughter’s kidnapping in their motion to reopen and numerous inconsistencies. (Dine v. Gonzales, 9/27/06)
    AILA Doc. No. 06103160.
  • CA1 Finds Past Persecution Claim Waived (10/17/2006)
    The court held that Petitioner’s past persecution claim was barred where he failed to set forth a developed argument, despite a heading in his brief titled, “The IJ erred in finding that respondent had not suffered past persecution.” (Silva v. Gonzalez, 9/15/06)
    AILA Doc. No. 06101710.
  • CA1 Finds Cambodian Asylum Applicant Failed to Link PTSD to Past Harm (10/17/2006)
    The court upheld the IJ’s determination that Petitioner did not have a well-founded fear of future persecution and that Petitioner failed to show that her PTSD was related to persecution. (Ouk v. Gonzales, 9/29/06)
    AILA Doc. No. 06101766.
  • CA1 on Burden of Showing Effect of Vacated Convictions (10/12/2006)
    The court held that the BIA did not err in placing the burden on the petitioner to show that a conviction that was vacated after a final order of removal had been entered was vacated based on a procedural defect. (Rumierz v. Gonzales, 8/3/06)
    AILA Doc. No. 06101264.
  • CA1 Finds Conspiracy to Commit Bank Fraud Is an Aggravated Felony (10/12/2006)
    The court applied the modified categorical approach and found “clear and convincing evidence” to establish that Petitioner’s bank fraud conviction was an aggravated felony. (Conteh v. Gonzales, 8/22/06)
    AILA Doc. No. 06101263.
  • CA1 Finds Changed Conditions for Politically Active Greek Albanian (10/6/2006)
    The court held that substantial evidence supported the BIA’s finding that conditions had changed in Albania, including the 2003 elections, and the fact that a Greek candidate won in Petitioner’s hometown. (Bollanos v. Gonzales, 8/31/06)
    AILA Doc. No. 06100660.
  • CA1 Upholds BIA Denial of Motion to Reopen Pakistani Asylum Claim (10/4/2006)
    The court found that even if the BIA had accepted as true the newspaper articles submitted with Petitioner’s motion, it could reasonably accept the IJ’s conclusion that Petitioner could find refuge elsewhere in Pakistan. (Abdullah v. Gonzales, 8/31/06)
    AILA Doc. No. 06100462.
  • CA1 Upholds IJ’s Finding of Changed Country Conditions in Albania (9/19/2006)
    The court found that the IJ correctly afforded Petitioner a presumption of a well-founded fear based on past persecution, but that substantial evidence indicated that there had been a fundamental change in conditions in Albania. (Tota v. Gonzales, 8/14/06)
    AILA Doc. No. 06091912.
  • CA1 Refuses to Reinstate Expired Period of Voluntary Departure (8/15/2006)
    The court held that because INA §242(a)(2)(B)(i) bars jurisdiction to review a discretionary determination on voluntary departure, it did not have authority to create a new voluntary departure period or reinstate an expired one. (Onikoyi v. Gonzales, 6/16/06)
    AILA Doc. No. 06081565.
  • CA1 Reverses IJ Denial of Motion to Rescind In Absentia Order (7/31/2006)
    The court held that the denial of Petitioner’s motion to rescind and reopen proceedings was based on an error of law where the IJ failed to consider the “totality of the circumstances” when evaluating “exceptional circumstances.” (Kaweesa v. Gonzales, 6/9/06)
    AILA Doc. No. 06073162.
  • CA1 Finds No Well-Founded Fear in Cambodian Asylum Claim (7/17/2006)
    The court held that Petitioners’ political involvement was low-level to nonexistent, and that they failed to establish that political beliefs would be imputed to them or that they were similarly situated to those who suffered abuses. (Sou v. Gonzales, 6/7/06)
    AILA Doc. No. 06071763.
  • CA1 Finds Voluntary Departure Overstay Bars Adjustment Despite BIA Reopening (6/9/2006)
    The court held that the bar to adjustment of status for overstaying a period of voluntary departure applies even if the BIA later reopens the case. (DaCosta v. Gonzales, 5/24/06)
    AILA Doc. No. 06060974.
  • CA1 Lacks Jurisdiction to Review Asylum One-Year Deadline (5/22/2006)
    The court held that under the REAL ID Act, discretionary and factual determinations continue to fall outside its jurisdiction and that therefore, it lacked jurisdiction to review the determination that an asylum application was untimely. (Hayek v. Gonzales, 4/14/06)
    AILA Doc. No. 06052270.
  • CA1 Finds Stop-Time Rule Applies Retroactively (4/19/2006)
    The court found that the stop-time rule under INA §240A(d)(1)(B) applied retroactively to Petitioner’s 1995 marriage fraud conviction to end the accrual of continuous physical presence for suspension. (Peralta v. Gonzales, 3/23/06)
    AILA Doc. No. 06041963.
  • CA1 Finds No Jurisdiction to Review One-Year Asylum Deadline (4/11/2006)
    The court held that it lacked jurisdiction to decide whether Petitioner timely filed for asylum because the INA bars judicial review and the REAL ID Act only restored jurisdiction for constitutional claims and questions of law. (Mehilli v. Gonzales, 12/22/05)
    AILA Doc. No. 06041164.
  • CA1 Finds Rhode Island Statutory Rape Is a Crime of Violence (4/4/2006)
    The court held that third degree sexual assault under Rhode Island General Law §11-37-6 is a crime of violence because the statute clearly contemplates a substantial risk of the use of physical force against a minor. (Aguiar v. Gonzales, 2/16/06)
    AILA Doc. No. 06040461.
  • CA1 Finds No Suspension Clause Violation in State-Created Danger CAT Case (3/15/2006)
    Because the case presented only legal issues which the court can review under INA §242(a)(2)(D), the court concluded that “there is no possible claim that the REAL ID Act violates the Suspension Clause.” (Enwonwu v. Gonzales, 2/13/06)
    AILA Doc. No. 06031563.
  • CA1 Finds Changed Conditions in Kenya (3/6/2006)
    The court found that the IJ reasonably rejected the inference that the new government in Kenya is dominated by Moi supporters, and that the notion that the new democratic government would repress the opposition was not compelling. (Waweru v. Gonzales, 2/13/06)
    AILA Doc. No. 06030663.
  • CA1 Upholds Denial of Motion to Reopen in Chinese Family Planning Case (2/23/2006)
    The court held that the BIA properly denied Petitioner’s motion to reopen where the motion did not include new evidence and where Petitioner’s claim of ineffective assistance of counsel did not meet the Lozada requirements. (Zeng v. Gonzales, 1/27/06)
    AILA Doc. No. 06022362.
 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us