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2009

  • CA1 on Mandatory Detention Following Release from non-DHS Custody(284 KB - 12/23/2009)
    The court held that the INA contemplates mandatory detention following release from non-DHS custody for a specified offense, not merely any release from non-DHS custody. (Saysana v. Gillen, 12/23/09) AILA Doc. No. 09122330.
    AILA Doc. No. 09122330.
  • CA1 Dismisses Complaint Regarding K-1 Visa Processing(68 KB - 10/20/2009)
    The court affirmed the dismissal of Petitioner’s complaint under FRCP 12(b)(1) and 12(b)(6) that alleged constitutional violations and Bivens issues in connection with consular review and denial of his fiance’s K-1 visa. (Chiang v. Skeirik, 9/28/09) AILA Doc. No. 09102070.
    AILA Doc. No. 09102070.
  • CA1 Affirms BIA Denial of Ugandan Asylum Claim(54 KB - 9/29/2009)
    The court affirmed the BIA’s denial of asylum, withholding, and CAT, finding that Petitioner’s evidence was inconsistent, vague and lacked corroborating evidence. (Matovu v. Holder, 8/20/09) AILA Doc. No. 09092965.
    AILA Doc. No. 09092965.
  • CA1 Finds No Nexus in Guatemalan Asylum Claim(62 KB - 9/28/2009)
    The court affirmed the BIA’s denial of withholding finding that Petitioner’s testimony was speculative and did not furnish an adequate nexus between the events and a protected ground. (Lopez-Castro v. Holder, 8/18/09) AILA Doc. No. 09092888.
    AILA Doc. No. 09092888.
  • CA1 Says Petitioner Not Subject to One-Year Asylum Deadline(104 KB - 9/28/2009)
    The court remanded, finding that Petitioner was not required to file for asylum within one year of entry due to the fact that the requirement did not exist at the time of his arrival. (Lumataw v. Holder, 9/9/09) AILA Doc. No. 09092886.
    AILA Doc. No. 09092886.
  • CA1 Finds Record Sufficient, No Prejudice to Petitioner(67 KB - 9/28/2009)
    The court affirmed the adverse credibility determination and held that regardless of indiscernible sections of the transcript of proceedings, the record is sufficient for review, lacking any prejudice. (Sihombing v. Holder, 9/22/09) AILA Doc. No. 09092885.
    AILA Doc. No. 09092885.
  • CA1 Finds No Nexus in Guatemalan Social Group Claim(54 KB - 9/28/2009)
    The court affirmed the denial of asylum, finding no nexus between the alleged persecution and Petitioner’s social group, indigenous women. (Caal-Tiul v. Holder, 9/10/09) AILA Doc. No. 09092884.
    AILA Doc. No. 09092884.
  • CA1 Affirms Denial of Indonesian Christian Withholding Claim(60 KB - 9/28/2009)
    The court found that the immigration judge adequately addressed reports of country conditions in Indonesia and the testimony of each witness and did not err in denying withholding of removal. (Pakasi v. Holder, 8/18/09) AILA Doc. No. 09092881.
    AILA Doc. No. 09092881.
  • CA1 Rejects Social Group Claim of Senegalese Woman(59 KB - 9/28/2009)
    The court held that women who had a child out of wedlock, and are considered adulterers because they gave birth to a child allegedly not their husband’s and have been abused by their husbands is not a protected social group. (Faye v. Holder, 9/2/09) AILA Doc. No. 09092878.
    AILA Doc. No. 09092878.
  • CA1 Upholds Adverse Credibility Absent Corroborating Evidence(64 KB - 9/28/2009)
    The court denied the petition for review, finding that the immigration judge’s adverse credibility finding was supported by substantial evidence and that Petitioner failed to provide corroborating evidence to clear up inconsistencies. (Zheng v. Holder, 8/27/09) AILA Doc. No. 09092877.
    AILA Doc. No. 09092877.
  • CA1 Upholds Denial of Motion to Reopen in Kenyan Withholding Case(88 KB - 9/28/2009)
    The court denied the petition for review, finding that Petitioner failed to raise any new evidence or changed circumstances regarding her claims for withholding of removal from Kenya and CAT. (Warui v. Holder 8/19/09) AILA Doc. No. 09092876.
    AILA Doc. No. 09092876.
  • CA1 Says Counsel Was Not Ineffective(60 KB - 9/28/2009)
    The court upheld the denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that prior counsel was not ineffective and that Petitioner did not comply with Lozada. (Punzalan v. Holder 8/5/09) AILA Doc. No. 09092874.
    AILA Doc. No. 09092874.
  • CA1 Finds No Basis for BIA Remand on Magana Exception(42 KB - 8/13/2009)
    The court held that the BIA was not required to remand the issue of whether Petitioner qualified for an equitable exception allowing an annulled marriage to be recognized in the interests of justice, rather than resolve the issue itself. (McCreath v. Holder, 7/21/09) AILA Doc. No. 09081373.
    AILA Doc. No. 09081373.
  • CA1 Refuses to Reopen Where Priority Date Was Not Current(62 KB - 8/5/2009)
    The court found no abuse of discretion in denying the motion to reopen where Petitioner’s priority date was not current at the time the motion was filed, and he was unable to establish prima facie eligibility for adjustment of status. (Oliveira v. Holder, 6/4/09) AILA Doc. No. 09080564.
    AILA Doc. No. 09080564.
  • CA1 Says IIRIRA Amendment to §212(h) Applies Retroactively(70 KB - 8/5/2009)
    The court found it was the intent of Congress to amend §212(h) under IIRIRA to preclude individuals convicted of aggravated felonies who were in exclusion or deportation proceedings as of the date of enactment. (Gutierrez-Castillo v. Holder, 6/4/09) AILA Doc. No. 09080560.
    AILA Doc. No. 09080560.
  • CA1 Finds No Jurisdiction to Review BIA’s Due Diligence Finding(34 KB - 7/17/2009)
    The court found no jurisdiction to review the BIA’s finding that Petitioner lacked due diligence in seeking reopening based on ineffective assistance of counsel, where no constitutional claim or question of law was raised. (Neves v. Holder, 6/4/09) AILA Doc. No. 09071760.
    AILA Doc. No. 09071760.
  • CA1 Finds No Jurisdiction to Review Denial of Sua Sponte Reopening(75 KB - 7/13/2009)
    The court found no jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte and dismissed the petition for review. (Peralta v. Holder, 5/28/09) AILA Doc. No. 09071364.
    AILA Doc. No. 09071364.
  • CA1 Says Petitioner Was Not Grandfathered for §245(i) Adjustment(49 KB - 7/9/2009)
    The court found that Petitioner was not eligible for adjustment of status where the underlying visa petition to support grandfathering under §245(i) was revoked where it was not approvable when filed. (Santana v. Holder, 5/19/09) AILA Doc. No. 09070972.
    AILA Doc. No. 09070972.
  • CA1 Reverses EAJA Award in Naturalization Mandamus Case(355 KB - 7/7/2009)
    The court reversed the award of EAJA fees, finding that the naturalization applicant was not a prevailing party and that USCIS’s position in requiring an FBI name check was substantially justified. (Aronov v. Napolitano, 4/13/09) AILA Doc. No. 09070761.
    AILA Doc. No. 09070761.
  • CA1 Strikes Down Widow Penalty(104 KB - 5/22/2009)
    The court held that the plain language of INA §106(b)(2) does not deprive Petitioner of her status as an immediate relative despite the death of her U.S. citizen spouse, where the spouse filed an I-130 petition prior to his death. (Taing v. Napolitano, 5/20/09) AILA Doc. No. 09052266.
    AILA Doc. No. 09052266.
  • CA1 Denies Equitable Tolling, Finds Lack of Due Diligence(52 KB - 5/5/2009)
    The court found that the BIA did not abuse its discretion in denying equitable tolling where Petitioner failed to exercise diligence by waiting over two years from the IJ’s initial decision before filing a motion to reopen. (Dawoud v. Holder, 3/26/09) AILA Doc. No. 09050561.
    AILA Doc. No. 09050561.
  • CA1 Finds No Well-Founded Fear in Haitian Asylum Claim(40 KB - 3/16/2009)
    The court found that past threats and violence did not rise to the level of persecution, and considered several return trips to Haiti, the continued safety of family, and changed political conditions in finding no well-founded fear. (Ravix v. Mukasey, 1/12/09) AILA Doc. No. 09031663.
    AILA Doc. No. 09031663.
  • CA1 Rejects Nunc Pro Tunc §212(c) Claim(71 KB - 3/12/2009)
    The court upheld the IJ’s decision to pretermit Petitioner’s §212(c) application where Petitioner was deemed an arriving alien and inadmissible, and the equities were not sufficiently compelling to grant §212(c) nunc pro tunc. (Nadal-Ginard v. Holder, 2/22/09) AILA Doc. No. 09031265.
    AILA Doc. No. 09031265.
  • CA1 Rejects Due Process Claims in Colombian Asylum Case(132 KB - 2/27/2009)
    The court rejected Petitioner’s claims that the IJ erred in failing to initiate a competency hearing and that the BIA incorrectly affirmed the adverse credibility finding. (Muñoz-Monsalve v. Mukasey, 12/12/08) AILA Doc. No. 09022769.
    AILA Doc. No. 09022769.
  • CA1 Refuses to Equitably Toll Deadline for In Absentia Motion(124 KB - 1/5/2009)
    The court found that the Petitioner failed to demonstrate sufficient due diligence to justify equitable tolling of the motion to reopen deadline for in absentia removal orders. (Fustaguio do Nascimento v. Mukasey, 12/1/08) AILA Doc. No. 09010567.
    AILA Doc. No. 09010567.