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2010 - 2009

  • CA4 Says DHS Has Sole Authority over Naturalization Determinations(79 KB - 12/27/2010)
    The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10) AILA Doc. No. 10122739.
    AILA Doc. No. 10122739.
  • CA4 Finds False Declaration of Citizenship on I-9 Form Is Material(59 KB - 9/24/2010)
    CA4 affirmed conviction for false claim of citizenship, finding that a former TPS beneficiary’s misrepresentation of his immigration status on the I-9 employment eligibility form as a citizen was material (U.S. v. Garcia-Ochoa, 06/15/10). AILA Doc. No. 10092464.
    AILA Doc. No. 10092464.
  • CA4 Affirms BIA Denial of Motion to Reopen in Asylum Case Pursuant to Removal(29 KB - 3/30/2010)
    The court denied petition in asylum case finding BIA did not abuse its discretion in denying relief based on the statutory requirement that one must be present in the U.S. to be eligible for asylum. (Sadhvani v. Holder, 12/31/09). AILA Doc. No. 10033063.
    AILA Doc. No. 10033063.
  • CA4 on TPS “Continuous Residence” Requirement and Minor Children(43 KB - 3/29/2010)
    The court denied petition finding that petitioners, who were minor children, ineligible for Temporary Protected Status (TPS) because they could not satisfy the “continuous residence” eligibility requirement of 8 U.S.C. § 1254a(c)(1)(A). (Cervantes v. Holder, 3/8/10). AILA Doc. No. 10032967.
    AILA Doc. No. 10032967.
  • CA4 Finds Lack of Jurisdiction to Review Withholding of Removal Denial and CAT Claim(38 KB - 3/29/2010)
    CA4 dismissed petition, finding lack of jurisdiction to review withholding of removal denials in cases involving certain criminal aliens and lack of jurisdiction over CAT claim due to petitioner’s failure to exhaust administrative remedies (Kporlor v. Holder, 3/5/10). AILA Doc. No. 10032966.
    AILA Doc. No. 10032966.
  • CA4 Finds BIA May Determine Non-Aggravated Felony is Particularly Serious Crime for Purposes of Asylum(42 KB - 3/12/2010)
    CA4 denied petition, finding that the BIA may determine that a non-aggravated felony is a particularly serious crime for purposes of asylum through the process of case-by-case adjudication. (Gao v. Holder, 2/23/10). AILA Doc. No. 10031273.
    AILA Doc. No. 10031273.
  • CA4 Finds IJ Committed Substantial Legal Error in Rejecting Certain Corroborating Evidence of Asylum Applicant(226 KB - 2/17/2010)
    CA4 granted petition for review, vacated BIA decision, and remanded asylum case, finding that IJ committed substantial legal error in rejecting certain of petitioner’s corroborating evidence (Marynenka v. Holder, 1/25/10). AILA Doc. No. 10021769.
    AILA Doc. No. 10021769.
  • CA4 Finds District Court Lacks Jurisdiction to Consider Denial of Adjustment of Status(233 KB - 2/17/2010)
    CA4 held that the district court lacked jurisdiction to entertain petitioner’s challenge to USCIS District Director’s eligibility determination and denial of adjustment of status. (Lee v. United States Citizenship and Immigration Services, 1/25/10). AILA Doc. No. 10021768.
    AILA Doc. No. 10021768.
  • CA4 Finds Petitioner Established Past Persecution in the Form of FGM(45 KB - 1/25/2010)
    CA4 held that BIA’s denial of petitioner’s asylum application on the basis of an adverse credibility finding was not supported by substantial evidence, and that petitioner established past persecution in the form of female genital mutilation (Kourouma v. Holder, 11/24/09). AILA Doc. No. 10012572
    AILA Doc. No. 10012572.
  • CA4 Upholds BIA’s Interpretation that CSPA Does Not Apply to HRIFA Applicants(50 KB - 7/9/2009)
    The court finds that as the Child Status Protection Act (CSPA) is silent as to whether it applies to HRIFA applicants, it must defer to the BIA’s reasonable interpretation of the statute. The BIA determined that CSPA age-out provisions do not apply to HRIFA applicants. (Midi v. Holder, 5/12/09). AILA Doc. No. 09070960.
    AILA Doc. No. 09070960.
  • CA4 Finds Appellant Indicted for Re-entry After Removal Fails to Show Statute of Limitations Has Run(72 KB - 4/3/2009)
    Court denies appeal. Finds 8 U.S.C. § 1326 does not support a theory of constructive knowledge, and that the appellant failed to show federal immigration authorities were aware of his identity and presence in the U.S. on the date required for a § 1326 violation. Venue and pre-indictment delay arguments also fail. (United States v. Uribe-Rios, 3/4/09). AILA Doc. No. 09040376.
    AILA Doc. No. 09040376.
  • CA4 Finds Petitioner Did Not Knowingly Waive Appellate Rights in Accepting Voluntary Departure(34 KB - 3/10/2009)
    The court grants petition for review, vacates and remands. Finds the BIA abused its discretion in denying motion to reconsider for lack of jurisdiction, and that petitioner did not knowingly and intelligently waive his right to appeal before the IJ in accepting voluntary departure. Courtesy of Alexandru I. Craciunescu. (Narine v. Holder, 3/9/09). AILA Doc. No. 09031060.
    AILA Doc. No. 09031060.
  • CA4 Denies Ineffective Assistance of Counsel Claim, Finds Petitioner Failed to Exhaust Administrative Remedies(68 KB - 2/3/2009)
    The court denied the due process claim based on ineffective assistance of counsel. Also concluded it lacked jurisdiction to consider whether reckless endangerment constitutes a crime of violence, as under 8 CFR § 1252(d)(1) a petitioner may not raise an issue on appeal that was not previously raised before the IJ and BIA. (Massis v. Mukasey, 12/9/08). AILA Doc. No. 09020361.
    AILA Doc. No. 09020361.