Set Text Size:

S

S

S

2008

  • CA3 Remands Denial of MTR for Asylum Claim Based on One-Child Policy(246 KB - 12/9/2008)
    The court noted that the BIA must actually consider the evidence and the arguments set forth in motions to reopen. The court found that the BIA abused its discretion by failing to identify or discuss statements and evidence in support of Petitioners’ motions to reopen and remanded the cases to the BIA. (Zheng v. Att’y Gen. of the U.S., 11/26/08). AILA Doc. No. 08120962.
  • CA3 Holds Rescission of Adjustment Was Required Within Five Years(111 KB - 11/6/2008)
    The court found that the amendment to INA §246(a), following its decision in Bamidele, does not undermine the holding that a five-year limitation applies to both rescission and deportation actions taken to invalidate an adjustment that was erroneously granted to an ineligible alien. (Garcia v. Attorney General of the United States, 7/24/08). AILA Doc. No. 08110665.
  • CA3 Remands for Ineffective Assistance and Claim Based on New International Treaty (10/14/2008)
    The court found that Petitioner fell short of the ideal, but sufficiently addressed the procedural steps under Lozada to proceed with his ineffective assistance claim. The court also remanded the case for the BIA to consider how US law complies with the Convention Against Transnational Organized Crime. (Rranci v. Att’y Gen. of the U.S., 8/22/08) AILA Doc. No. 08101465.
  • CA3 Finds IJ Abused Discretion in Refusing to Grant Continuance (8/26/2008)
    The court held that the immigration judge abused his discretion in refusing to grant a continuance to Petitioner, the beneficiary of a pending marriage-based I-130 petition. Citing case-completion goals, the IJ failed to consider the facts and circumstances surrounding Petitioner’s case. (Hashmi v. Att’y Gen. of the United States, 7/7/08). AILA Doc. No. 08082666.
  • CA3 Denies CAT Relief to Haitian for Failure to Show Specific Intent to Torture (7/28/2008)
    The court concluded that CAT relief requires a showing of specific intent before it can a find that an applicant will be tortured. The court explained that specific intent requires an applicant to show that his prospective torturer will have the motive and purpose to cause him pain or suffering. (Pierre v. Att’y Gen. of U.S., 6/9/08) AILA Doc. No. 08072865.
  • CA3 Finds “Persecution” is Unambiguous When Applied to an Armed Camp Guard (7/22/2008)
    The court concluded that Petitioner, who served as an armed Nazi concentration camp guard, “personally advocated or assisted” in the persecution of a group of persons because of race, religion or national origin. As a result, the court found that he was ineligible for a visa under the Refugee Relief Act. (United States v. Geiser, 6/10/08). AILA Doc. No. 08072263.
  • CA3 Discusses the Effect of a Collateral Attack on the Finality of a Conviction (7/18/2008)
    The court held that the pendency of a writ of error coram nobis collaterally attacking a conviction does not vitiate the finality of the conviction for immigration purposes unless and until the convictions are overturned as a result of the collateral motions. (Paredes v. Att’y Gen. of the United States, 6/9/08). AILA Doc. No. 08071875.
  • CA3 Discusses “Concealing,” “Harboring,” and “Shielding” Under INA §274(a)(1)(A)(iii) (7/18/2008)
    The court held that “concealing,” “harboring” and “shielding” under INA §274 encompass conduct tending to substantially facilitate an alien’s remaining in the U.S illegally, but reversed Appellant’s conviction because his comments to an undocumented alien on how to avoid detection constituted general advice. (United States v. Ozcelik, 5/27/08). AILA Doc. No. 08071861.
  • CA3 Finds Administrative Closure Does Not Re-Start Physical Presence Clock for Suspension (7/14/2008)
    The court held that the continuous physical presence clock did not begin anew upon administrative closure of Petitioner’s proceedings because such proceedings were temporarily removed from the IJ’s calendar, not terminated. (Arca-Pineda v. Att’y Gen of the United States, 5/28/08). AILA Doc. No. 08071464.
  • CA3 Rejects Taylor/Shepard Approach in Determining Amount of Loss in Fraud Conviction (7/2/2008)
    The court held that for purposes of determining the amount of loss under INA §101(a)(43)(M)(i), where a petitioner has not admitted to an amount in a plea agreement, nor has a jury found an amount as part of a conviction, a court may inquire into facts outside the record of conviction. (Nijhawan v. AG of the United States, 5/2/08). AILA Doc. No. 08070261.
  • CA3 Remands Colombian Asylum Case Based on PSG/Well-Founded Fear of FARC (6/23/2008)
    The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. The court remanded for determinations on internal relocation and CAT. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08). AILA Doc. No. 08062376.
  • CA3 Remands Sierra Leonean W/H Claim Reversing Adverse Credibility Finding (5/7/2008)
    The court reversed the IJ’s adverse credibility determination finding that Petitioner’s omissions or “so-called vagueness” with respect to dates did not go to the heart of her claim. The court found that the few instances of inconsistency were the result of translation problems or the IJ’s interruptions. (Kaita v. Att’y Gen. of the U.S., 4/3/08). AILA Doc. No. 08050764.
  • CA3 Remands Withholding Case Due to Misinterpretation of Nat’l Security Bar (5/7/2008)
    The court agreed with the AG’s interpretation of the national security bar on all challenged points except one. The court found that the AG ignored clear congressional intent by inquiring whether an applicant “may pose” a danger to the security of the U.S. instead of asking whether he “is” a danger. (Yusupov v. Att’y Gen. of U.S., 3/27/08). AILA Doc. No. 08050761.
  • CA3 Refuses to Impute Parent’s Continuous Residence to Minor for Purposes of Cancellation of Removal (5/5/2008)
    The court held that the BIA did not err in refusing to impute to a person who entered the U.S. as a minor, the parent’s prior years of continuous residence in order to meet the seven-year requirement for cancellation of removal. (Augustin v. Att’y Gen. of the United States, 3/20/08)
  • CA3 Upholds BIA Prohibition on Adopted Children Petitioning for Biological Siblings (4/2/2008)
    The court held that because INA §203(a)(4) is silent with regard to the meaning of “brother” and “sister,” the BIA’s decision that adopted children may not invoke visa preference in favor of their biological siblings is a permissible construction of the statute that is entitled to Chevron deference. (Kosak v. Aguirre, 3/6/08). AILA Doc. No. 08040264.
  • CA3 Remands Cases Involving Claimed Nonreceipt of BIA Decisions (2/7/2008)
    The court found jurisdiction to review the denial of Petitioners’ motions to reissue and remanded the cases to the BIA to determine what weight to accord to Petitioners’ affidavits of nonreceipt in determining whether the opinions were properly served. (Jahjaga v. Att’y Gen. of the U.S., 1/4/08). AILA Doc. No. 08020764.
  • CA3 Overturns Negative Credibility Finding in Burmese Asylum Case (1/17/2008)
    The court held that the IJ failed to elaborate on her reasons for finding that Petitioner’s political activities in Japan and in Burma were not enough to meet the well-founded fear standard. The court found that the perfunctory dismissal of Petitioner’s testimony was troubling in light of conditions in Burma. (Thu v. Att’y Gen. of U.S., 12/18/07). AILA Doc. No. 08011770.