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2013

  • CA11 Remands Asylum Denial for BIA to Consider Corroborating Evidence(4163 KB - 12/9/2013)
    In an unpublished decision, the court found that the adverse credibility finding was not supported by specific, cogent reasons and remanded for the BIA to consider the corroborating evidence. Courtesy of Roberto Matus. (Olivares v. U.S. Att'y Gen., 11/22/2013)
    AILA Doc. No. 13120944.
  • CA11 Denies Witholding to Petitioner Fleeing Drug Violence in Mexico(517 KB - 11/25/2013)
    The court upheld the IJ’s and BIA’s decisions, finding Petitioner did not establish a nexus between membership in a particular social group and the harm, and he did not establish past persecution, as he did not show acts that harmed him personally. (Rodriguez v. U.S. Att’y Gen., 11/19/13)
    AILA Doc. No. 13112544.
  • CA11 Holds Florida Possession with Intent to Deliver Controlled Substance Is Not Aggravated Felony(529 KB - 11/8/2013)
    The court granted the petition, vacated and remanded, applying the categorical approach and holding that a conviction under Fla. Stat. §893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is not an aggravated felony. (Donawa v. U.S. Att’y Gen., 11/7/13)
    AILA Doc. No. 13110803.
  • CA11 Denies Informant’s CAT Claim(128 KB - 6/20/2013)
    The court denied the petitioner’s CAT claim, held that his removal to Mexico would not violate his due process rights, and directed the court to seal only certain parts of the record. (Perez-Guerrero v. U.S. Att’y Gen., 6/12/13)
    AILA Doc. No. 13062007.
  • CA11 Vacates Decision on Equitable Tolling(487 KB - 6/4/2013)
    The court vacated its prior decision and remanded for the BIA to determine in the first instance why the one-motion rule is, or is not, a non-jurisdictional claim processing rule subject to equitable tolling. (Ruiz-Turcios v. U.S. Att’y Gen., 5/24/13)
    AILA Doc. No. 13060442.
  • CA11 Finds No Implied Exception to Material Support Bar(486 KB - 5/29/2013)
    The court held that there is no implied exception to the material support bar for support provided to a terrorist organization involuntarily or under duress. (Alturo v. U.S. Att’y Gen., 5/21/13)
    AILA Doc. No. 13052944.
  • CA11 Finds Exit Pursuant to Grant of Advance Parole is Not Departure Under §212(a)(9)(B)(489 KB - 4/29/2013)
    Citing Matter of Arrabally, the court held the petitioner was not inadmissible under §212(a)(9)(B)(i)(II) because she left the U.S. pursuant to a grant of advance parole. (Ortiz-Bouchet v. U.S. Att’y Gen., 4/23/13)
    AILA Doc. No. 13042954.
  • CA11 Remands Motion to Reopen Case on Equitable Tolling(925 KB - 4/22/2013)
    In light of a recent decision holding that motions to reopen are subject to equitable tolling, the court vacated its prior panel decision and remanded the case to determine if the petitioner is entitled to equitable tolling. (Ruiz-Turcios v. U.S. Att’y Gen., 4/19/13)
    AILA Doc. No. 13042258.
  • CA11 Finds BIA Failed to Apply Its Own Precedent When Considering Continuance(518 KB - 4/22/2013)
    The court remanded the case, holding that the BIA did not articulate or weigh all of the relevant factors that, under the BIA’s own precedent, must be considered when determining whether to grant a continuance. (Ferreira v. U.S. Att’y Gen., 4/16/13)
    AILA Doc. No. 13042257.
  • CA11 Holds Motion to Reopen Deadline is Subject to Equitable Tolling(95 KB - 4/16/2013)
    The court voted to overturn a previous panel opinion in this case, and held that the 90-day deadline to file a motion to reopen is not jurisdictional, but rather is a claim-processing rule subject to equitable tolling. (Avila-Santoyo v. U.S. Att’y Gen., 4/12/13)
    AILA Doc. No. 13041607.
  • CA11 Affirms Preliminary Injunction in Case Challenging 2012 H-2B Final Rule(491 KB - 4/2/2013)
    The court affirmed the preliminary injunction preventing DOL from enforcing the 2012 H-2B final rule, finding no error in the district court’s conclusion regarding Plaintiffs’ likelihood of success on the merits. (Bayou Lawn & Landscape Services v. Oates, 4/1/13)
    AILA Doc. No. 13040244.
  • CA11 on Conviction under South Carolina Youthful Offender Act(571 KB - 3/26/2013)
    The court held the petitioner’s conviction under the South Carolina Youthful Offender Act qualifies as a conviction for immigration purposes, and that the conviction for pointing a firearm at another person is a crime of violence. (Cole v. U.S. Att’y Gen., 3/14/13)
    AILA Doc. No. 13032647.
  • CA11 Criticizes Adverse Credibility Determination in Asylum Case(502 KB - 3/14/2013)
    The court remanded the asylum case, finding that the IJ’s “bald assertion” that the petitioner’s story is implausible could not support the adverse credibility determination and that the IJ relied too heavily on the Country Profile. (Wu v. U.S. Att’y Gen., 3/12/13)
    AILA Doc. No. 13031449.
  • CA11 on Filing a 212(h) Waiver Without an Adjustment Application(508 KB - 3/5/2013)
    The court remanded the case to the BIA to determine whether the petitioner is eligible for a 212(h) waiver, noting that the Board’s current interpretation of §212(h) is unclear in light of recent case law. (Lawal v. U.S. Att’y Gen., 2/28/13)
    AILA Doc. No. 13030567.
  • CA11 Holds Georgia Conviction for Shoplifting Is Not an Aggravated Felony(506 KB - 2/25/2013)
    The court held that a conviction for shoplifting under Georgia Code § 16-8-14 does not categorically qualify as an aggravated felony, and that the record of conviction did not establish the petitioner committed an aggravated felony. (Ramos v. U.S. Att’y Gen., 2/19/13)
    AILA Doc. No. 13022564.
  • CA11 Holds Florida Conviction for Resisting an Officer is CIMT(452 KB - 2/19/2013)
    The court found that a Florida conviction for resisting an officer with violence under Fla. Stat. § 843.01 is a CIMT, and that the petitioner was thus removable as having been convicted of two or more CIMTs. (Cano v. U.S. Att’y Gen., 2/15/13)
    AILA Doc. No. 13021951.
  • CA11 Reverses BIA on Past Persecution(473 KB - 2/12/2013)
    The court remanded the asylum case, holding the abuse the petitioner suffered – which included being detained for a week and subjected to physical abuse – rose to the level of past persecution, if the petitioner is found to be credible. (Shi v. U.S. Att’y Gen., 2/5/13)
    AILA Doc. No. 13021244.
  • CA11 Finds BIA Erred in Making De Novo Factual Findings(555 KB - 1/4/2013)
    The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)
    AILA Doc. No. 13010442.
 
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