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Cases & Decisions
CA7 Upholds District Court’s Revocation of Citizenship
(544 KB - 12/21/2011)
The court agreed with the district court’s finding that the defendant illegally procured his citizenship, noting he lacked the requisite good moral character due to two controlled substances violations committed during the relevant period. (
U.S. v. Suarez
, 12/16/11) AILA Doc. No. 11122110.
AILA Doc. No. 11122110.
CA7 Holds Voluntary Departure Regulations Are Not Retroactive
(558 KB - 12/15/2011)
The court held that current regulatory voluntary departure warnings do not apply retroactively and found no due process violation under the former rules where there was no penalty for failure to depart if the alien did not pay bond. (
Bachynskyy v. Holder
, 12/15/11). AILA Doc. No. 11121530.
AILA Doc. No. 11121530.
CA7 Finds Actual Reliance on §212(c), Remands for Hearing
(93 KB - 12/13/2011)
The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD. (
Khodja v. Holder
, 12/12/11) AILA Doc. No. 11121362.
AILA Doc. No. 11121362.
CA7 Finds Jurisdiction to Review Continuance Denial
(114 KB - 12/7/2011)
The court found jurisdiction to review the IJ’s denial of a continuance, noting that such decisions do not implicate the merits of a final order but instead defer resolution of the merits so that the process can be completed with integrity. (
Calma v. Holder
, 12/13/11) AILA Doc. No. 11120775.
AILA Doc. No. 11120775.
CA7 Upholds Denial of Religion-Based MS-13 Claim
(82 KB - 12/1/2011)
The court found insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang. (
Bueso-Avila v. Holder
, 11/29/11) AILA Doc. No. 11120162.
AILA Doc. No. 11120162.
CA7 Says No §212(h) Waiver for Conspiracy to Submit False Immigration Documents
(106 KB - 11/10/2011)
The court held that because a conviction for conspiracy to submit false immigration documents, 18 USC §1546, is grounds for removal under INA §237(a)(3), and not INA §237(a)(1), Petitioner is ineligible for a §237(a)(1)(H) waiver. (
Gourche v. Holder
, 11/9/11) AILA Doc. No. 11111034.
AILA Doc. No. 11111034.
CA7 Confirms Lack of Jurisdiction to Review GMC Determination
(91 KB - 11/9/2011)
The court found that although good moral character is a statutory requirement for cancellation of removal, the decision whether an alien has such character involves the exercise of administrative discretion. (
Portillo-Rendon v. Holder
, 11/7/11) AILA Doc. No. 11110939.
AILA Doc. No. 11110939.
CA7 Finds Counsel Erred in Conceding to JRAD’s Invalidity
(130 KB - 10/28/2011)
The court found that the JRAD was valid because although it was entered outside the 30-day post-sentencing window, the judge timely announced her intent to consider a JRAD and continued the case for that purpose. (
Solis-Chavez v. Holder
, 10/25/11) AILA Doc. No. 11102862.
AILA Doc. No. 11102862.
CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants
(87 KB - 9/27/2011)
The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate. (
Jonaitiene v. Holder
, 9/26/11) AILA Doc. No. 11092762.
AILA Doc. No. 11092762.
CA7 Remands Colombian/FARC Asylum Claim, Remands for Further Proceedings
(329 KB - 9/8/2011)
The court found that the BIA inexplicably focused only on the FARC’s burning of Petitioner’s trucks in concluding he was not persecuted and rejected the Board’s finding that even if he was persecuted, it was not due to a protected ground. (
Escobar v. Holder
, 9/7/11) AILA Doc. No. 11090862.
AILA Doc. No. 11090862.
CA7 Recognizes Threat of “Honor Killing” as Basis for Social Group Claim
(146 KB - 9/7/2011)
The court found that Petitioner is a member of the particular social group of women in Jordan who have allegedly flouted repressive moral norms and face a high risk of honor killing. (
Sarhan v. Holder
, 9/2/11) AILA Doc. No. 11090763.
AILA Doc. No. 11090763.
CA7 Dismisses Petition for Review of U Visa Denial for Lack of Jurisdiction
(124 KB - 9/7/2011)
The court found no jurisdiction to review the denial of Petitioner’s I-192 waiver as an ancillary decision made outside removal proceedings, and reaffirmed its prior holding that it lacked jurisdiction to review a U visa denial. (
Torres-Tristan v. Holder
, 9/1/11) AILA Doc. No. 11090760.
AILA Doc. No. 11090760.
CA7 Reverses District Court, Says
May Not be Applied Retroactively
(180 KB - 9/1/2011)
Over dissent, the court held that the Supreme Court in
Padilla v. Kentucky
announced a new constitutional rule and its holding may not be applied to collateral appeals retroactively. (
Chaidez v. U.S.
AILA Doc. No. 11090131.
CA7 Finds IJ’s Interpretation of Precedent Overly-Broad in Vacating Adverse Credibility Assessment
(274 KB - 8/31/2011)
The court found that the IJ erred in basing his negative credibility assessment on Petitioner’s submission of hospital certificates, which the IJ interpreted as suggesting Petitioner’s abortion was voluntary and not forced as she alleged. (
Lin v. Holder
, 8/30/11) AILA Doc. No. 11083165.
AILA Doc. No. 11083165.
CA7 Cites Recent Independence of South Sudan in Remand for Deferral under CAT
(107 KB - 8/26/2011)
The court remanded in light of three undisputed legal errors in the BIA’s analysis, the government’s contention that it does not intend to remove Petitioner to Sudan, and the recent declaration of South Sudan’s independence. (
Wani Site v. Holder
, 8/26/11). AILA Doc. No. 11082620.
AILA Doc. No. 11082620.
CA7 Says Importation of Alien for Prostitution Is Not Categorically an Aggravated Felony
(133 KB - 8/26/2011)
Importation of an alien for prostitution in violation of INA §278 is not categorically an aggravated felony “offense that relates to the owning, controlling, managing or supervising of a prostitution business” under INA §101(a)(43)(K)(i). (
Rosario v. Holder
, 8/24/11) AILA Doc. No. 11082670.
AILA Doc. No. 11082670.
CA7 Dismisses for Lack of Jurisdiction, Is Troubled by Proceedings
(82 KB - 8/26/2011)
Though lacking jurisdiction to review the denial of Petitioner’s adjustment of status, the court noted that it might have weighed the equities differently than the IJ and reprimanded Petitioner’s attorney for his deficient performance. (
Wroblewska v. Holder
, 8/24/11) AILA Doc. No. 11082669.
AILA Doc. No. 11082669.
CA7 Says No §241(f) Waiver without Charge or Deportability Finding Based on Fraud
(99 KB - 8/26/2011)
Based on the plain language of the statute, the court found Petitioner ineligible for a §241(f) waiver because he was never charged or found deportable on fraud grounds, and therefore also found him ineligible for §212(c) relief. (Torres-Rendon v. Holder, 8/23/11) AILA Doc. No. 11082668.
AILA Doc. No. 11082668.
CA7 on the Effective Date of the Child Status Protection Act
(145 KB - 7/28/2011)
Refusing to apply
deference to the BIA’s decision, the court held that the CSPA applies to beneficiaries of previously approved visa petitions, but not those with applications adjudicated prior to CSPA’s enactment. (
Arobelidze v. Holder
, 7/27/11) AILA Doc. No. 11072831.
AILA Doc. No. 11072831.
CA7 Upholds Removal of DEA Informer from Thailand
(83 KB - 7/26/2011)
The court found that reasonable, substantial, and probative evidence presented on remand established a “serious reason to believe” that Petitioner is or has been a trafficker of heroin, thus barring her from relief from removal. (
Pronsivakulchai v. Holder
, 7/25/11) AILA Doc. No. 11072664.
AILA Doc. No. 11072664.
CA7 Finds Illinois Domestic Battery Is an Aggravated Felony
(282 KB - 7/25/2011)
The court held that a violation of 720 Ill. Comp. Stat. 5/12-3.2(a)(1) for intentionally causing bodily harm to a family member is a crime of violence under 18 USC §16(a) and is therefore, an aggravated felony. (
Castellanos v. Holder
, 7/20/11) AILA Doc. No. 11072568.
AILA Doc. No. 11072568.
CA7 Finds Third Party Standing in Case Challenging Constitutionality of Removal
(300 KB - 7/25/2011)
The court found that Petitioner had third party standing to advance the argument that his removal would violate the constitutional rights of his U.S. citizen children, but joined other circuits in rejecting the merits of the argument. (
Marin-Garcia v. Holder
, 7/22/11) AILA Doc. No. 11072565.
AILA Doc. No. 11072565.
CA7 on Continuous Physical Presence for Cancellation of Removal
(104 KB - 7/18/2011)
The court held that Petitioner’s continuous presence was interrupted when she signed Form I-826, Notice of Rights and Request for Disposition, and returned to Mexico in a formal, documented process while facing threat of removal. (
Reyes-Sanchez v. Holder
, 7/14/11) AILA Doc. No. 11071863.
AILA Doc. No. 11071863.
CA7 Remands Macedonian Asylum Case; Discusses Persecution vs. Harassment
(173 KB - 7/15/2011)
The court found that the harm suffered by Petitioners rose to the level of persecution where the couple was robbed, the husband beaten, the wife sexually molested, and her parents rendered unconscious. (
Stanojkova v. Holder
, 7/14/11; amended 8/16/11) AILA Doc. No. 11071568.
AILA Doc. No. 11071568.
CA7 Says §212(h) Cannot Waive Conviction Barring Cancellation
(276 KB - 4/6/2011)
For purposes of cancellation of removal, the court held that a conviction for possession of drug paraphernalia is an offense “relating to a controlled substance” under INA §212(a)(2), and that INA §212(h) cannot serve to waive the conviction. (
Barma v. Holder
, 4/5/11) AILA Doc. No. 11040660.
AILA Doc. No. 11040660.
CA7 on “Persecution by Proxy” in Chinese Christian Case
(108 KB - 3/29/2011)
The court found that Petitioner failed to establish that he had suffered past persecution, where his claim was primarily based on the arrest of his parents in 1982, and that he did not establish an individualized risk of future persecution. (
Ni v. Holder
, 3/25/11) AILA Doc. No. 11032961.
AILA Doc. No. 11032961.
CA7 Upholds Denial of Motion Raising Religious Persecution Claim
(121 KB - 3/22/2011)
The court rejected Petitioner’s argument that her attorney was ineffective for failing to present her claim of persecution in China as a life-long practicing Catholic or to inform her that a claim of religious persecution was relevant. (
Jiang v. Holder
, 3/18/11) AILA Doc. No. 11032232.
AILA Doc. No. 11032232.
CA7 Upholds Denial of Lebanese Asylum Claim
(291 KB - 3/1/2011)
The court found that the IJ properly considered Petitioner’s Hezbollah-related claim, did not ignore his future persecution claims, and applied the correct standard of review in denying asylum. (
Kiorkis v. Holder
, 2/28/11) AILA Doc. No. 11030170.
AILA Doc. No. 11030170.
CA7 Upholds Use of Collateral Estoppel in Removal Case of Former Nazi
(299 KB - 2/16/2011)
The court denied the petition for review, finding that Petitioner was afforded a full and fair opportunity to litigate his claims in denaturalization proceedings, and upheld the IJ’s application of the collateral estoppel doctrine. (
Firishchak v. Holder
, 2/14/11) AILA Doc. No. 11021666.
AILA Doc. No. 11021666.
CA7 Declines to Remand for Review by Three-Member BIA Panel
(83 KB - 1/25/2011)
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (
Ward v. Holder
, 1/21/11) AILA Doc. No. 11012567.
AILA Doc. No. 11012567.
CA7 Discusses Temporal Limitation of 1988 ADAA Aggravated Felony Provision
(142 KB - 1/7/2011)
The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (
Alvarado-Fonseca v. Holder
, 1/6/11) AILA Doc. No. 11010730.
AILA Doc. No. 11010730.
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