FindLaw Opinion Summaries - Immigration Law

Diaz-Garcia v. Holder

Fri, 25 Jun 2010 20:00:05 PDT

(U.S. 1st Cir., Government Law, Immigration Law) A Colombian citizen's petition for review of a decision denying his applications for asylum and related relief is denied as the IJ's negative credibility assessment regarding petitioner's allegations that he was threatened by the FARC Guerrillas was amply supported by a specific and cogent explanation based on substantial evidence.

US v. Buzo-Zepeda

Fri, 25 Jun 2010 20:00:05 PDT

(U.S. 9th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) Defendant's sentence for reentry into the U.S. following deportation is affirmed where a "Johnson waiver" in California state court had no effect on the determination of whether a defendant qualifies for a point increase under United States Sentencing Guidelines Manual section 4A1.1, Criminal History Category.

Dale v. Holder

Fri, 25 Jun 2010 20:00:05 PDT

(U.S. 5th Cir., Administrative Law, Criminal Law & Procedure, Immigration Law) In a petition for review of a decision by the Board of Immigration Appeals (BIA) upholding petitioner's order of removal under 8 U.S.C. section 1101(a)(43)(F) for being convicted of an aggravated felony, the petition is granted where: 1) although the argument petitioner presented to the BIA was not identical to that which he raised in his petition for review, the arguments were sufficiently related to establish that he presented his ground for relief to the administrative agency in the first instance; and 2) the BIA erred as a matter of law in concluding that petitioner could not legally plead guilty to an attempted violation of N.Y. Penal Law 120.10(3) or (4).

Almaraz v. Holder

Tue, 22 Jun 2010 20:00:05 PDT

(U.S. 9th Cir., Administrative Law, Immigration Law) In a petition for review of the Board of Immigration Appeals' (BIA) denial of petitioner's motion to reopen and remand, the petition is denied where the adoption of an international trade agreement did not amount to changed country conditions that resurrected his late-filed motion.

Ramirez v. Holder

Tue, 22 Jun 2010 20:00:05 PDT

(U.S. 4th Cir., Administrative Law, Government Law, Immigration Law) Mexican citizens' petition for review of a decision dismissing their appeal of an IJ's denial of the husband's application for adjustment of status is denied as, under a Chevron analysis, the BIA's interpretation of sections 1182(a)(9)(C)(i)(I) and 1255(i) must be given deference, and thus, because petitioner is inadmissible under section 1182(a)(9)(C)(i)(I), he cannot adjust his status under section 1255(i).

Larios v. Holder

Mon, 21 Jun 2010 20:00:05 PDT

(U.S. 1st Cir., Administrative Law, Government Law, Immigration Law) A Guatemalan native's petition for review of a decision denying his application for asylum and related relief is denied as the IJ's decision to deny petitioner's asylum claim was well-reasoned and supported by substantial evidence and controlling precedent.

Cruz-Samayoa v. Holder

Mon, 21 Jun 2010 20:00:05 PDT

(U.S. 6th Cir., Administrative Law, Government Law, Immigration Law) Guatemalan natives' petition for review of a decision denying their applications for asylum and related relief is denied where: 1) the father is ineligible for asylum and withholding of removal as the BIA's conclusion that petitioner is not a "refugee" within the meaning of the INA is supported by substantial evidence; and 2) petitioner's two adult children have failed to show that they cannot reasonably and safely relocate within Guatemala to avoid potential harm.

US v. Velasquez-Torres

Mon, 21 Jun 2010 20:00:05 PDT

(U.S. 5th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) Defendant's sentence for illegal reentry by a deported alien is affirmed where, having admitted the fact of his deportation as stated in the presentence report, defendant could not argue that the district court improperly relied on that deportation.

Aponte v. Holder

Fri, 18 Jun 2010 20:00:05 PDT

(U.S. 1st Cir., Administrative Law, Immigration Law) A citizen of the Dominican Republic's petition for review of a decision denying her motion to reopen removal proceedings is granted as the BIA abused its discretion by issuing an inadequately reasoned decision denying petitioner's motion to reopen.

Xia v. U.S. Atty. Gen.

Thu, 17 Jun 2010 20:00:02 PDT

(U.S. 11th Cir., Administrative Law, Immigration Law) In a petition for review of the BIA's decision affirming the denial, by an Immigration Judge (IJ), of petitioner's claims for asylum, withholding of removal, and relief under the United Nations Convention Against Torture, and ordering her removal, the petition is denied where the totality of the record provided ample support for the IJ's specifically stated finding that petitioner's testimony regarding the critical events at issue was not credible.

Kwak v. Holder

Wed, 16 Jun 2010 20:00:01 PDT

(U.S. 6th Cir., Administrative Law, Immigration Law) Petition for review a decision of the BIA affirming an IJ's denial of a Korean citizen's application for a continuance of proceedings and entering an order of removal is denied where: 1) the BIA's conclusion that the IJ did not abuse its discretion in denying the continuance was consistent with prior jurisprudence; 2) the BIA did not abuse its discretion in denying the request for continuance despite the pendency of petitioner's I-601; 3) BIA did not abuse its discretion by considering the number and length of the continuances granted throughout petitioner's exclusion proceedings; and 4) BIA did not abuse its discretion in relying, in part, on the DHS's opposition to a continuance.

Lopez-Dubon v. Holder

Wed, 16 Jun 2010 20:00:01 PDT

(U.S. 5th Cir., Administrative Law, Civil Procedure, Immigration Law) In a petition for review of the BIA's order denying petitioner's motion to reopen his case in order to seek adjustment of his immigration status, the petition is denied where: 1) the court of appeals had jurisdiction over the question of whether the notice provided to petitioner was insufficient because of his age at the time of his detention; 2) notice must be served on an adult only for aliens under 14 years of age; and 3) the BIA's factual finding that notice was properly served on petitioner was supported by substantial evidence.

Bonilla-Morales v. Holder

Tue, 15 Jun 2010 20:00:01 PDT

(U.S. 6th Cir., Evidence, Immigration Law) Honduras native's petition for review of a decision denying her application for asylum and related relief is denied where: 1) her asylum claim failed as she did not show that the mistreatment that she and her family suffered was "on account of" her membership in a purported social group, nor did she show was entitled to a presumption of a well-founded fear of future persecution by the "MS-13 gang"; 2) since petitioner did not meet the burden of showing future persecution for asylum purposes, she cannot meet the higher burden needed to qualify for the withholding of removal; and 3) she failed to establish that it is more likely than not that she will be tortured upon returning to Honduras given the significant time span over which past incidents of torture occurred.

Padmore v. Holder

Tue, 15 Jun 2010 20:00:01 PDT

(U.S. 2d Cir., Administrative Law, Criminal Law & Procedure, Immigration Law) In a petition for review of an order of the BIA vacating the decision of an Immigration Judge granting petitioner's application for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, the petition is granted where the BIA impermissibly engaged in factfinding and relied on unproven and disputed allegations as a basis for its decision.

Carachuri-Rosendo v. Holder

Mon, 14 Jun 2010 20:00:02 PDT

(U.S.S.C., Administrative Law, Criminal Law & Procedure, Immigration Law) The Fifth Circuit's denial of petitioner's petition for review of the BIA's order holding that petitioner was not eligible for cancellation of removal is reversed where second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. section 1101(a)(43) when, as in this case, the state conviction was not based on the fact of a prior conviction.