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Fourth Circuit

2011 | 2010 - 2009 | 2008 - 2007 | 2006 - 2005 | 2004 - 2002


  • CA4 on "Willful Blindness" Standard in CAT Relief Case(479 KB - 4/29/2013)
    The court held that the BIA used the correct standard when considering whether the government officials would acquiesce to his torture, and that substantial evidence supported the BIA’s decision to deny CAT protection. (Suarez-Valenzuela v. Holder, 4/24/13) AILA Doc. No. 13042950.
  • CA4 Holds Petitioner Cannot Present Evidence That Conduct of Conviction Was Nonviolent(441 KB - 2/1/2013)
    The court held that the petitioner was limited by the modified categorical approach in what evidence he could present to show that his 1996 conviction was not a crime of violence, despite the record of conviction being inconclusive. (Mondragon v. Holder, 1/31/13) AILA Doc. No. 13020148.
  • CA4 Holds Asylum Applicant is Subject To Material Support Bar(476 KB - 11/21/2012)
    The court found that the BIA did not err when it held that the petitioner was statutorily ineligible for asylum and withholding of removal because he was a member of, and provided material support to, a terrorist organization. (Viegas v. Holder, 11/19/12) AILA Doc. No. 12112145.
  • CA4 Holds Petitioner Who Adjusted to LPR Status in U.S. is Eligible for 212(h) Waiver(490 KB - 11/13/2012)
    Citing its decision in Bracamontes v. Holder, the court held that the petitioner, who entered the U.S. illegally and adjusted to LPR status through an employment-based petition while in the U.S., is eligible to seek a 212(h) waiver. (Leiba v. Holder, 11/9/12) AILA Doc. No. 12111361.
  • CA4 on Adverse Credibility Determinations(504 KB - 11/9/2012)
    The court denied withholding of removal and CAT relief, upholding the IJ’s adverse credibility determination and rejecting the petitioner’s argument that the IJ and BIA misapplied REAL ID’s credibility provisions. (Singh v. Holder, 11/5/12) AILA Doc. No. 12110948.
  • CA4 Denies NACARA Relief Due to Material Support Bar(487 KB - 8/15/2012)
    The court held that the petitioner was ineligible for NACARA relief because he provided material support to a terrorist organization in the early 1980s by allowing FMLN guerrillas to use his kitchen. (Barahona v. Holder, 8/13/12) AILA Doc. No. 12081581.
  • CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)(487 KB - 5/29/2012)
    The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12) AILA Doc. No. 12052949.
  • CA4 Grants Petition for Review in Eritrean Asylum Case(1199 KB - 4/18/2012)
    In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren. AILA Doc. No. 12041841.
  • CA4 on 212(h) Waiver Eligibility(498 KB - 4/2/2012)
    The court found that an individual who adjusts to LPR status after entering the U.S. can seek a 212(h) waiver, reversing the BIA’s finding that a post-entry adjustment of status constituted an “admission” to the U.S. (Bracamontes v. Holder, 3/29/12). AILA Doc. No. 12040243.
  • CA4 on Drug Conviction and Naturalization(475 KB - 2/3/2012)
    The court affirmed a district court decision denying the plaintiff’s application for naturalization, holding his 2002 drug conviction, which was subsequently set aside on rehabilitative grounds, remains unchanged for immigration purposes. (Phan v. Holder, 2/1/12). AILA Doc. No. 12020345.
  • CA4 Rejects Matter of Silva-Trevino(531 KB - 1/30/2012)
    The court rejected the framework established in Matter of Silva-Trevino for determining whether a conviction constituted a CIMT, noting that the moral turpitude statute is neither ambiguous nor silent. (Prudencio v. Holder, 1/30/12). AILA Doc. No. 12013047.
  • CA4 Finds BIA Applied Wrong Standard of Review(230 KB - 1/27/2012)
    The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12) AILA Doc. No. 12012764.