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Tenth Circuit

2012 | 2011 - 2009 | 2008 - 2007 | 2006 - 2005 | 2004 - 2003 | 2002 - 1998

  • CA10 Upholds Cancellation of Removal Denial(476 KB - 6/5/2014)
    The court found petitioner could not establish good moral character for cancellation since he served a period of confinement in excess of 180 days, and the nunc pro tunc order shortening the sentence did not impact the calculation of the confinement period. (Garcia-Mendoza v. Holder, 6/2/14)
    AILA Doc. No. 14060542.
  • CA10 Upholds Cancellation of Removal Denial(470 KB - 11/5/2013)
    The court denied the petition for review, finding that since the Petitioner had been granted suspension of deportation during prior deportation proceedings, he was ineligible for cancellation of removal under INA §240A. (Velasco v. Holder 10/29/13)
    AILA Doc. No. 13110546.
  • CA10 Dismisses Untimely Petition for Review for Lack of Jurisdiction(467 KB - 10/29/2013)
    The court dismissed the untimely petition for review for lack of jurisdiction, finding that the initial removal order was final, notwithstanding a subsequent remand to the IJ regarding voluntary departure. (Batubara v. Holder, 10/28/13)
    AILA Doc. No. 13102950.
  • CA10 Remands Asylum Denial for Anti-Maoist from Nepal(473 KB - 9/26/2013)
    The court reversed and remanded, finding that the IJ erred in failing to find a nexus between the petitioner’s past persecution and his political opinion relating to his involvement with the Nepali Congress Party (NCP). (Sherpa v. Holder, 8/16/13)
    AILA Doc. No. 13092606.
  • CA10 Dismisses Adjustment Case for Lack of Jurisdiction(514 KB - 9/26/2013)
    The court dismissed the petition for lack of jurisdiction, finding that the BIA’s decision on ineligibility for adjustment of status did not affect the BIA’s exercise of discretion. (Girard-Lara v. Holder, 8/14/13)
    AILA Doc. No. 13092605.
  • CA10 Upholds Denial, Says Asylum Seeker from Nepal Can Safely Relocate(465 KB - 9/26/2013)
    The court upheld the BIA’s decision that the petitioner—who suffered past persecution from Maoists in Nepal—could live without a well-founded fear of persecution in Nepal if he relocates to the capital. (Rana v. Holder, 8/13/13)
    AILA Doc. No. 13092603.
  • CA10 Upholds Asylum Denial for Petitioner from El Salvador(478 KB - 9/26/2013)
    The court denied the petition for review, concluding that El Salvadorans who are returning to El Salvador from the U.S. and perceived to be wealthy do not constitute a particular social group, and acts of criminality do not implicate asylum eligibility. (Delcid-Zelaya v. Holder, 8/6/13)
    AILA Doc. No. 13092602.
  • CA10 Dismisses Petition from El Salvadoran Business Owner Threatened by MS 18 Gang(472 KB - 9/24/2013)
    The court concluded that the petitioner failed to exhaust her administrative remedies and that it lacked jurisdiction to consider them, and therefore dismissed the petition to review the BIA’s denial of the applications for restriction on removal and CAT relief. (Castellanos-Pineda, 9/20/13)
    AILA Doc. No. 13092444.
  • CA10 Denies Motion to Reopen for Guatemalan Asylum Seeker(461 KB - 9/24/2013)
    The court denied the petition for review, finding that the petitioner failed to explain how changed country conditions in Guatemala would permit an untimely and number barred motion to reopen. (Lopez v. Holder, 9/10/13)
    AILA Doc. No. 13092443.
  • CA10 Finds Colorado Conviction of Child Abuse Does Not Fit Federal Definition(110 KB - 8/15/2013)
    The court reversed the decision of the BIA, found the CO conviction was not a “crime of child abuse, child neglect, or child abandonment,” under INA §237(a)(2)(E)(i) and remanded to the IJ to reconsider the application for discretionary cancellation of removal. (Ibarra v. Holder, 7/12/13)
    AILA Doc. No. 13081541.
  • CA10 Holds Petitioner’s Appeal Was Withdrawn Following Departure from U.S.(472 KB - 7/25/2013)
    The court upheld the BIA’s determination that the petitioner’s voluntary departure appeal was withdrawn under 8 CFR §1003.4 because he departed the U.S., noting that the petitioner’s motives for leaving were irrelevant. (Montano-Vega v. Holder, 7/1/13)
    AILA Doc. No. 13072561.
  • CA10 Holds §212(h) Hardship Determination Is Unreviewable Discretionary Decision(463 KB - 7/18/2013)
    The court held that it did not have jurisdiction to review the hardship determination required for a waiver of inadmissibility under INA §212(h)(1)(B) because it is an unreviewable discretionary decision. (Munis v. Holder, 7/2/13)
    AILA Doc. No. 13071848.
  • CA10 Remands Nepali Asylum Case, Finds BIA Failed to Properly Consider Evidence(496 KB - 5/7/2013)
    The court remanded the CAT and asylum claims back to the BIA, holding that the BIA failed to consider supporting evidence and that the record compelled the conclusion that the petitioner suffered past persecution by Maoists in Nepal. (Karki v. Holder, 4/30/13)
    AILA Doc. No. 13050744.
  • CA10 Writes that Petitioner Abused the Appeal Process(49 KB - 4/26/2013)
    The court denied the petitioner’s motion to reopen removal proceedings, writing that the petitioner abused the appeal process by filing three motions to reopen in the Ninth Circuit instead of in the Tenth Circuit. (Salgado-Toribio v. Holder, 4/23/13)
    AILA Doc. No. 13042500.
  • CA10 Finds Deported Plaintiff’s Complaint Is Moot(464 KB - 2/25/2013)
    The plaintiff sought to be returned to the U.S. from Libya after DHS deported him despite a stay of removal. The court held the complaint was moot because he obtained relief when the BIA addressed his motion to reopen on the merits. (Mohamed v. Napolitano, 2/20/13)
    AILA Doc. No. 13022566.
 
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