2009

CA7 Denies Petition for Attorney’s Fees in Immigration Case(118 KB - 10/27/2009)
CA7 denies petition for attorney’s fees and finds that the Government’s position in an immigration case was substantially justified (Potdar v. Holder, 10/27/09). AILA Doc. No. 09102765.
AILA Doc. No. 09102765.
CA7 Upholds Decision that Conviction of Fraud in Connection with Identification Documents is Crime Involving Moral Turpitude(100 KB - 10/21/2009)
CA7 finds that the BIA reasonably determined that fraud in connection with identification documents is a crime of moral turpitude and denies petition. The Court finds that no matter his motives, petitioner was engaged in a crime that involves inherently deceptive conduct. (Lagunas-Salgado v. Holder, 10/13/09). AILA Doc. No. 09102167.
AILA Doc. No. 09102167.
CA7 Affirms Removal Order and Upholds Use of Evidence Gathered in Undercover Investigation(88 KB - 10/21/2009)
CA7 denies petition for review because the BIA’s determination of removability is supported by substantial evidence and petitioner did not apply for relief. The Court finds that the BIA was correct in approving the IJ’s denial of petitioner’s request to exclude evidence gathered during an undercover investigation. (Krasilych v. Holder, 9/29/09). AILA Doc. No. 09102166.
AILA Doc. No. 09102166.
CA7 Remands In LIFE Act Adjustment/ Inadmissibility Case(122 KB - 10/5/2009)
The Court held that the Board’s decision finding inadmissibility under 8 USC Section 1182(A)(9)(B)(i)(II) for a LIFE ACT Adjustment applicant, failed to heed the difference between Sections (B)(i)(II) and (C)(i)(I). Finding that admission has different meanings in the statute, the Court remanded to the Board. (Lemus-Losa v. Holder, 08/13/09). AILA Doc. No. 09100561.
AILA Doc. No. 09100561.
CA7 Holds Labor Certification Expiration Rule is Within DOL Statutory Mandate and Has No Retroactive Effect(134 KB - 10/2/2009)
The Court Affirmed the District Court’s order of summary judgment for Defendants, finding that promulgation of 20 CFR Section 656.30(b)(1)-(2) relating to expiration of Labor Certifications was within DOL’s statutory authority. Moreover, the rule is not impermissibly retroactive. (Durable Manufacturing CO. v. DOL/ETA, 08/18/09). AILA Doc. No. 09100261.
AILA Doc. No. 09100261.
CA7 Remands to Board for Failure to Consider Petitioner’s Changed Circumstances Motion To Reopen(135 KB - 10/2/2009)
The Court held that the Board erred when it failed to consider Petitioner’s argument that her parent’s threat of forced marriage constituted a changed circumstance, allowing a second motion to reopen to be filed out of time. (Joseph v. Holder, 08/27/09). AILA Doc. No. 09100260.
AILA Doc. No. 09100260.
CA7 Holds Board Abused Discretion by Rejecting Brief as Out of Time(135 KB - 10/2/2009)
The court held that the Board abused its discretion when it rejected Petitioner’s brief as out of time where Petitioner never received notice of the briefing schedule. (Dakaj v. Holder, 08/31/09). AILA Doc. No. 09100219.
AILA Doc. No. 09100219.
CA7 Remands Asylum Claim: IJ’s Denial of Asylum for FGM Persecution Claim in Error(129 KB - 10/2/2009)
The Court held that immigration judge’s ruling that female genital mutilation was not persecution was not supported by law. (Gatimi v. Holder, 08/20/09). AILA Doc. No. 09100217.
AILA Doc. No. 09100217.
CA7 Affirms Removal Order Based on Attempt to Smuggle: Conviction Not Necessary(169 KB - 10/2/2009)
The Court held that even absent a conviction, Petitioner was removable for knowingly attempting to smuggle illegal aliens into the country. (Barradas v. Holder, 9/23/09). AILA Doc. No. 09100216.
AILA Doc. No. 09100216.
CA7 Finds BIA Violated Applicant's Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility(74 KB - 8/13/2009)
Court grants petition, vacates BIA decision and remands. Finds that once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the IJ to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, 7/27/09). AILA Doc. No. 09081377.
AILA Doc. No. 09081377.
CA7 Concludes Conviction for Sexual Abuse of a Minor Constituted Aggravated Felony(86 KB - 7/10/2009)
The court considers whether petitioner's “sexual abuse of a minor” in violation of Ind. Code § 35-42-4-9(b), is an aggravated felony under the INA. Concludes that the conduct required for conviction categorically constitutes sexual abuse of a minor under INA § 101(a)(43). (Gaiskov v. Holder, 5/28/009). AILA Doc. No. 09071069.
AILA Doc. No. 09071069.
CA7 Finds Company’s Taxes Are Not Reliable Basis for Determining whether It Can Afford Employee(270 KB - 4/23/2009)
The court affirms the denial of the petition, distinguishing between accounting entities and cash flow in addressing the employer’s ability to pay the prevailing wage. It notes that an employer’s tax returns are not a reliable basis for determining whether it can afford to hire the employee (Construction and Design Co. v. USCIS, 4/21/09). AILA Doc. No. 09042338.
AILA Doc. No. 09042338.
CA7 Affirms Denial of Application for Cancellation for CIMT(98 KB - 4/16/2009)
The court denies petition for review, dismissing petitioner’s arguments for failure to exhaust, and finding that a violation of 18 U.S.C. § 1001 is a crime involving moral turpitude as the term is used in the INA, thus petitioner is barred from applying for cancellation of removal. (Ghani v. Holder, 3/9/09). AILA Doc. No. 09041672.
AILA Doc. No. 09041672.
CA7 Upholds Denial of Application for Cancellation of Removal for Petitioner with Pre-IIRIRA Conviction for Marriage Fraud(69 KB - 3/30/2009)
The court denies petition for review concluding that the petitioner’s visa-fraud conviction disqualifies him from cancellation of removal. Finds that the petitioner cannot show that he has been harmed by his reliance on pre-IIRIRA law because he would have been removable and ineligible for relief under the pre-IIRIRA regime. (Obi v. Holder, 3/3/09). AILA Doc. No. 09033060.
AILA Doc. No. 09033060.
CA7 Holds it Has Jurisdiction to Review Case that Falls within Subhan Exception to Ali(70 KB - 2/3/2009)
The court vacates and remands. It holds that it has jurisdiction to review the BIA’s denial of a motion to reopen because the case falls within the exception to Ali set forth in Subhan v. Ashcroft. (Potdar v. Mukasey, 12/16/08). AILA Doc. No. 09020360.
AILA Doc. No. 09020360.

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