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2004 - 2000

  • CA5 Finds Contempt of Court Conviction Is An Aggravated Felony (10/26/2004)
    The court held that petitioner’s conviction for refusing to testify before a grand jury in violation of 18 U.S.C. § 401(3) constituted an offense "relating to obstruction of justice” under INA § 101(a)(43)(S), and thus, an aggravated felony. (Alwan v. Ashcroft, 10/18/04). AILA Doc. No. 04102613.
    AILA Doc. No. 04102613.
  • CA5 Vacates AWO Case and Remands for Full Opinion (9/13/2004)
    Remanding for a full opinion addressing the issues identified by the court, the Fifth Circuit vacated a BIA affirmance without opinion because it lacked sufficient information to know whether the BIA affirmed the IJ’s denial of asylum based on a reviewable or nonreviewable ground. (Yuqing Zhu v. Ashcroft, 8/19/04). AILA Doc. No. 04091371.
    AILA Doc. No. 04091371.
  • CA5 Reverses Asylum Denial for Indonesian Couple and Remands for CAT Claim (8/13/2004)
    The court found that the record clearly established a pattern of persecution of Christians in Indonesia and that the IJ erred by concluding that petitioners did not have a well-founded fear of persecution and by failing to address petitioners’ CAT claims. (Eduard v. Ashcroft, 7/21/04). AILA Doc. No. 04081378.
    AILA Doc. No. 04081378.
  • CA5 Finds No Due Process Violation Where Ineffective Assistance of Counsel Results in Denial of Discretionary Relief (8/12/2004)
    Reviewing the BIA’s decision affirming the denial of a motion to reopen based on ineffective assistance of counsel, the Fifth Circuit held that petitioner’s motion did not allege a due process violation because he was ultimately seeking discretionary relief from removal. (Assaad v. Ashcroft, 7/19/04). AILA Doc. No. 04081270.
    AILA Doc. No. 04081270.
  • CA5 Holds Oklahoma Sexual Battery Conviction is a Crime of Violence (8/9/2004)
    Reviewing the elements of the relevant statutory provision, the Fifth Circuit held that a conviction for sexual battery under Oklahoma law constituted a "crime of violence" as defined in 18 U.S.C. § 16(b) and, therefore, an aggravated felony as defined in INA § 101(a)(43)(F). (Zaidi v. Ashcroft, 6/21/2004). AILA Doc. No. 04080967.
    AILA Doc. No. 04080967.
  • CA5 Holds That It Lacks Authority to Remedy an Unlawful Deportation on Habeas (7/26/2004)
    While finding denial of petitioner’s prior habeas erroneous and his deportation, therefore, unlawful, the court held it lacked current habeas authority due to “the limited nature of habeas relief” to order the government to readmit petitioner or direct the BIA to provide petitioner with a new deportation proceeding. (Zalawadia v. Ashcroft, 6/4/2004). AILA Doc. No. 04072669.
    AILA Doc. No. 04072669.
  • CA5 Holds that Untimely MTR in NACARA Case Constitutes Failure to Exhaust Administrative Remedies (7/9/2004)
    The Court held that the failure to timely file a motion to reopen a NACARA case before the deadline set by the Attorney General constituted a failure to exhaust an administrative remedy, depriving the Court of jurisdiction for review. (Enriquez-Alvarado v. Ashcroft, 5/19/04). AILA Doc. No. 04070964.
    AILA Doc. No. 04070964.
  • CA5 Holds that Excessively High Bonds that Have the Effect of Preventing Release are Presumptively Unreasonable (5/21/2004)
    The Fifth Circuit held that a reasonable and “appropriate in the circumstances” bond is a permissible condition of post-final order release under Zadvydas; and that a bond which prevents release because of inability to pay, resulting in potentially permanent detention, is presumptively unreasonable. (Shokeh v. Thompson, 05/10/04). AILA Doc. No. 04052163.
    AILA Doc. No. 04052163.
  • CA5 Holds Conviction Under Drive-By Shooting Statute To Be a Crime of Violence (5/3/2004)
    The Fifth Circuit held that a conviction under the Oklahoma drive-by shooting statute, for driving a vehicle from which a shot was fired, is a crime of violence and thus an aggravated felony. (Nguyen v. Ashcroft, 4/27/04). AILA Doc. No. 04050362.
    AILA Doc. No. 04050362.
  • CA5 Rules Intoxicated Assault Not a Crime of Violence Under Sentencing Guidelines (1/23/2004)
    The Court found that the use of force was not an element of the intoxication assault statute at issue because the statute expressly stated that the offense may be committed “by accident or mistake” and the statute does not require that bodily injury was caused by the defendant’s conduct. (United States v. Vargas-Duran, 01/08/04). Doc. No. 04012312.
    AILA Doc. No. 04012312.
  • CA5 Finds Drug Money Laundering to be Crime Involving Moral Turpitude (1/6/2004)
    The Fifth Circuit found that a federal conviction for traveling in interestate commerce with intent to facilitate money laundering the proceeds of drug transactions was a crime involving moral turpitude. The court relied on the record of criminal information where the statute was divisible. (Smalley v. Ashcroft, 12/15/03). AILA Doc. No. 04010614.
    AILA Doc. No. 04010614.
  • CA5 Holds That Departure under Administrative VD Terminates Physical Presence (12/3/2003)
    The Fifth Circuit held that a departure following the grant of administrative voluntary departure terminates the continuous physical presence needed for cancellation of removal. (Mireles-Valdez v. Ashcroft 10/27/03). AILA Doc. No. 03120341.
    AILA Doc. No. 03120341.
  • CA5 Limits St. Cyr Habeas Review to Questions of Law (10/14/2003)
    The Fifth Circuit upheld the dismissal of a habeas petition seeking review of a cancellation of removal hardship determination, finding that St. Cyr applies only to pure questions of law and not discretionary determinations. (Bravo v. Ashcroft, 8/22/03). AILA Doc. No. 03101418.
    AILA Doc. No. 03101418.
  • CA5 Upholds H-1B Denial for RNs (1/19/2000)
    Registered nurse position for contractor company held not to be a specialty occupation. Although contractor always requires BS degree, the client facilities where the nurse will be placed do not. (Defensor v. Meissner, No. 98-60340 (5th Cir., 1/17/00))
    AILA Doc. No. 00011903.