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2011

  • CA5 on Requiring Corroborating Evidence from Asylum Applicants(546 KB - 12/12/2011)
    The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible. (Yang v. Holder, 12/12/11). AILA Doc. No. 11121238
    AILA Doc. No. 11121238.
  • CA5 Finds No Jurisdiction to Review Termination of Asylum(97 KB - 12/1/2011)
    The court found that termination of asylum under 8 CFR §208.24 does not “mark the consummation of a decision-making process” and is therefore, not a final agency action for purposes of APA jurisdiction. (Qureshi v. Holder, 11/28/11) AILA Doc. No. 11120160.
    AILA Doc. No. 11120160.
  • CA5 on Possession of Marijuana with Intent to Distribute(112 KB - 11/9/2011)
    The court found that where a state criminal statute covers both the felony and misdemeanor conduct under 21 USC §841, it is presumed to be a felony unless the petitioner proves he was convicted of misdemeanor conduct. (Moncrieffe v. Holder, 11/8/11; Revised 11/17/11) AILA Doc. No. 11110942.
    AILA Doc. No. 11110942.
  • CA5 Rejects BIA’s Interpretation of CSPA in Matter of Wang(154 KB - 9/8/2011)
    The court held that the automatic conversion and priority date retention provisions of INA §203(h)(3) unambiguously apply to the entire universe of petitions described in INA §203(h)(2), including fourth preference petitions. (Khalid v. Holder, 9/8/11) AILA Doc. No. 11090831.
    AILA Doc. No. 11090831.
  • CA5 on Simple Possession Waivers under INA §212(h)(276 KB - 8/31/2011)
    The court held that an alien who has been convicted of two offenses of simple possession of 30 grams or less of marijuana is ineligible for a waiver under INA §212(h), even if he previously received a §212(h) waiver for one of the offenses. (Rana v. Holder, 8/30/11) AILA Doc. No. 11083163.
    AILA Doc. No. 11083163.
  • CA5 on the Fugitive Disentitlement Doctrine(92 KB - 8/9/2011)
    The court dismissed the petition, finding that that Petitioner became a fugitive when he did not surrender for removal despite the fact that his address was known to authorities and DHS made no attempt to locate or arrest him. (Bright v. Holder, 8/8/11) AILA Doc. No. 11080960.
    AILA Doc. No. 11080960.
  • CA5 Rejects Equitable Estoppel Claim in Derivative Citizenship Case(96 KB - 7/11/2011)
    In a case involving an 11-year delay in adjudicating a certificate of citizenship, the court held that Petitioner failed to show affirmative government misconduct beyond negligence and was not entitled to terminate proceedings. (Robertson-Dewar v. Holder, 7/8/11) AILA Doc. No. 11071165.
    AILA Doc. No. 11071165.
  • CA5 Finds Administrative Voluntary Departure Interrupts Continuous Residence(115 KB - 4/5/2011)
    The court held that Petitioner’s administrative voluntary departure interrupted his continuous residence such that he was never eligible for LPR status under IRCA, and is therefore now not eligible for LPR cancellation of removal. (Ramos-Torres v. Holder, 4/4/11) AILA Doc. No. 11040560.
    AILA Doc. No. 11040560.
  • CA5 on Jurisdiction Where BIA Sua Sponte Reconsiders Underlying Order(124 KB - 3/25/2011)
    The court found that it retains jurisdiction over a petition for review despite the BIA’s sua sponte reconsideration and revision of the order under review, where the BIA did not materially change or vacate the order. (Espinal v. Holder, 3/24/11) AILA Doc. No. 11032534.
    AILA Doc. No. 11032534.
  • CA5 on IJ Authority to Reopen In Absentia Order Sua Sponte(121 KB - 3/7/2011)
    The court held that INA §240(b)(5)(C)(i), which permits a motion to reopen to rescind an in absentia removal order only if it is filed within 180 days, trumps the immigration judge’s sua sponte authority to reopen proceedings at any time. (Gregoire v. Holder, 3/4/11) AILA Doc. No. 11030723.
    AILA Doc. No. 11030723.
  • CA5 Says Waiver of Appeal Was Knowing and Intelligent(208 KB - 3/7/2011)
    The court held that the record of proceedings contained substantial evidence to support the BIA’s finding that Petitioner knowingly and intelligently waived his right to appeal in accepting an order of voluntary departure. (Kohwarian v. Holder, 3/4/11) AILA Doc. No. 11030721.
    AILA Doc. No. 11030721.
  • CA5 on IJ/BIA Jurisdiction Over Motions to Reopen(99 KB - 3/1/2011)
    The court found that the BIA did not abuse its discretion in holding that Petitioner’s appeal from the IJ’s denial of her first motion to reopen deprived the IJ of jurisdiction to adjudicate a subsequent motion to reopen. (Lemus-Reyes v. Holder, 2/28/11) AILA Doc. No. 11030168.
    AILA Doc. No. 11030168.
  • CA5 Refuses Stand-Alone §212(h) Waiver for Deportable Person(112 KB - 2/3/2011)
    The court rejected the argument that a §212(h) waiver may stand alone, and found that the BIA properly determined that Petitioner was ineligible for a waiver because he was inside the U.S. and had not also filed for adjustment of status. (Cabral v. Holder, 2/2/11) AILA Doc. No. 11020361.
    AILA Doc. No. 11020361.
  • CA5 Finds No Nexus in Family-Based Albanian Social Group Claim(311 KB - 1/12/2011)
    Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11) AILA Doc. No. 11011265.
    AILA Doc. No. 11011265.