US Immigration News

Am wait to hear from you

2007-12-23T01:30:00.001-06:00

Dear Friend
This letter must come to you as a big surprise, but I believe it is only a day that people meet and become great friends and business partners. I am Mr. Abdullah Nasser, currently Head of Corporate affairs with a reputable bank here . I write you this proposal in good faith, believing that I can trust you with the information I am about to reveal to you.
I have an urgent and very confidential business proposition for you. On November 6, 2003, an Iraqi Foreign Oil consultant/contractor with the CHEVRON PETROLEUM CORPORATION, MR. KHALIL AL NASSER made a (Fixed deposit) for 36 calendar months, valued at US10.5 M)TEN MILLION FIVE HUNDRED THOUSAND DOLLARS ONLY) in my bank and I happen to be his account officer before I was moved to my present position recently. Upon maturity in 2005, as his account officer and as well the bank manger, it is my duty to notify him on the maturity date so I sent a routine notification to his forwarding address but the letter was returned undelivered.
After sometime, I tried sending back the letter, but it was again returned and finally I discovered from his contract employers, Chevron Petroleum Corporation that Mr. Khalil Al Nasser died as a result of torture in the hand of Saddam Hussein (former Iraqi President) during one of his trips to his country Iraq, as he was accused of leaking information to the Americans.
On further investigation, I discovered that Mr. Al Nasser's family wife and two sons died during the Gulf War in Iraq and was the reason why he did not declare any next of kin or relation in all his official documents, including his Bank Deposit paperwork in my Bank and did not leave any WILL.
This sum of US$10,500,000.00 have been floating and placed under dormant/unserviceable account by my bank management since no one have heard from the owner since 2005. I wish to let you know that all the investigation I have made so far, my bank management is not aware of it, I am the only one that have the information.
With the recent change of government in my country and with their efforts to support the United Nations in check mating terrorism aid , the government will pass a new financial control law which will give the government authority to interrogate account owners of above $5,000,000.00 to explain the source of the funds, making sure it is not for terrorism support. If I do not move this money out of the country immediately, the government will definitely confiscate the money, because my bank cannot provide the account owner to explain the source of the money.
I cannot directly transfer out this money without the help of a foreigner and that is why I am contacting you for an assistance. As the Account Officer to late Al Nasser, coupled with my present position and status in the bank as Head of Retail Banking Group, I have the power to influence the release of the funds to any foreigner that comes up as the next of kin to the account, with the correct information concerning the account, which I shall give you.

All documents to enable you claim this fund will be carefully worked out and there is practically no risk involved, the transaction will be executed under a legitimate arrangement that will protect you from any breach of law,
If you accept to work with me, I want you to state how you wish us to share the funds in percentage, so that both parties will be satisfied. If you are interested, contact me as soon as you receive this message so we can go over the details. Thanking you in advance and may God bless you
Please, treat with utmost confidentiality. I shall send you copy of the deposit certificate issued to Al Nasser when the deposit was made for your perusal.
I wait your urgent reply .
Regards,
Mr. Abdullah Nasser.

Your Excellency Sir

2007-12-22T04:30:00.000-06:00

Dear Friend,
Good day to you, I am so sorry for sending you this unsolicited and unexpected mail.
I got your contact from a Business Directory in my agents office and I decided to contact you directly for the sake of business.
My full Name is peters johnson. from Liberia in African .I am searching for a reliable and experience business partner.
I have about $6.5 Million Dollars and I would need your assistance investing it either in U.A.E or any country of your choice under your guidance.I am planning to invest my great wealth in the countries like U.A.E, and my aim is to invest in the city of Dubai the sum of $6.5 Million United States Dollars in any business that will help promote the Dubai market, but I need someone who is nice, kind, trust worthy and also who has business IQ and investment knowlegde in Dubai or countries around Dubai that income invest this huge amount as soon as my investment manager or representative arrive Dubai with the huge amount of money.
I still have interest to invest in some areas around Dubai, Asian countries and India that also have good business environment and nice trading market arena which I need some one who is also trust worthy, and nice that will help me regarding the investments plans.
As soon as I receive your response regarding your interest in helping me invest this huge amount in Dubai
So I am only soliciting for your assistance to help invest. My Business is totally free of risk and trouble.If you are willing to invest in this business, please give me your confidential contact phone number so that we can discuss more in details.Thank you once again for your interest and waiting for your reply.
Best Regards,
peters johnson

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:24:00.000-06:00

Attn: Sir/Madam,
Before I proceed, may I humbly introduce myself to your goodself, My Name is Mrs. Najia Mizban, an Iraqi citizen. My late husband was untill recently, one of the personal aid to the former president of Iraq, President Saddam Hussen who was formerly overthrown out of power.
Prior to this last serious crisis that is still ravaging in my country,which recently led to misfortune of our government and my late husband position as the personal aid to the president, We inherited the sum of US$11 million.The funds were originally gotten from my late husband proceeds. My late husband was able to safe guard the fund with a very good diplomatic contact from my Country and deposited it in Thailand.
I have decided to contact you because I am interested in investing in your country which is investment friendly. Please kindly guide and assist me in making the right investment since I am also interested in buying a residential property as I will be moving with my only son Haider in over there as soon as every thing regarding technical and logictics details is worked out and ascertained to our respective satisfaction.
In view of your participation,I am ready to give you a good negotiable percentage for your assistance or better still commit it into viable Joint venture projects with you. Be assured that you stand no risk of any kind as the funds belong to me and my only survived son Haider. As soon as I get your consent, we will quickly move this fund to your country for investment .
However, upon your acceptance to work as my partner, you can contact me with my private e-mail najia-mizban01@myway.com, for more details.I strongly believe that associating with you to embark on this and other business ventures will derive a huge success here after, please include your private contact telephone number and private e-mail replying. We look unto Allah for your positive prompt response.
Yours Sincerely.
Mrs. Najia Mizban

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:23:00.003-06:00

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:23:00.002-06:00

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:23:00.001-06:00

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:23:00.000-06:00

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:22:00.002-06:00

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:22:00.001-06:00

I NEED YOUR URGENT ASSISTANCE!

2007-11-17T21:22:00.000-06:00

FROM ABDULLAH ,

2007-09-19T04:40:00.000-05:00

From: Mr. ABDULLAH AHMED NASSER
MANAGER
National Bank of Dubai
Umm Al Quwain Branch
Shaikh Faisal Street U.A.E
Email:abdnasser222@gmail.com
Dear Friend,
I am pleased to get across to you for a very urgent and profitable business proposal, I Got your e-mail address in Internet while browsing after I decided to contact you and ask for your assistance in this urgent matter, requiring trust and confidentiality.
I am Mr ABDULLAH AHMED NASSER, the Branch manager,National Bank of Dubai Umm Al Quwain Branch UNITTED ARAB EMIRATES, married with four children.
I am writing this letter to ask for your support and co-operation to carry out this business opportunity in my department.
On June 6, 1999, an America Oil consultant/contractor with Petroleum Corporation, Mr. David Ameeraly, made a numbered time (fixed) deposit for twelve calendar months,
Valued at US$16,500,000.00(sixteen Million Five Hundred Thousand Dollars )in my branch upon maturity, I sent a routine notification to his forwarding address but got no reply.
After a month, we sent a reminder and finally we discovered from his contract employers, the Petroleum Corporation that Mr. David Ameeraly, died in the plane crash On October 31, 1999, (an Egyptian Boeing 767 Flight 990) with other passengers on board as you can confirm it yourself via the website below:
http://www.cbsnews.com/stories/1999/11/01/iran/main49778.shtml
http://www.cbsnews.com/stories/1999/11/01/iran/main49778.shtml
On further investigation, I found out that he died without making a WILL and attempts to trace his next of kin were fruitless. I therefore made further investigation and discovered that
Mr. David Ameeraly.
did not declare any next of kin or relations in all his official documents, including his bank deposit paperwork in my bank. This sum of US$16,500,000.00 and the interest is being rolled over with the principal sum at the end of each year. No one will ever come forward to claim it According to UNITTED ARAB EMIRATES LAW, at the expiration of (seven) years; the money
will revert to the ownership of the UNITTED ARAB EMIRATES Government if nobody applies to claim the fund.
My proposal is that I will like you to stand as the next of kin to Mr. David Ameeraly, so that the fruit of this old man's labor will not get into the hands of some corrupt Government officials. This is simple, I will like you to provide immediately your full name and address so that I can forward to you the contact of our bank Attorney for the prepare the necessary documents and affidavits which will put you in place as the next of kin.
Any bank account in any part of the world, which you will provide, will then facilitate the transfer of this money to you as the beneficiary/next of kin.

The money will be paid into your account for us to share in ratio of 60% for me and 30% for you and 10 % will be set aside for expenses incured during thebusiness. There is no risk at all;
The paperwork for this transaction will be done by the attorney and my position as the Branch Manager guarantees the successful execution of this transaction. If you are interested, please reply immediately via the private email address below, upon your responses, I shall provide you with more details and relevant documents that will help you understand the transaction.
Please observe utmost confidentiality and be rest assured that this transaction would be most profitable for both of us because I shall require your assistance to invest my share in your
country.
Please upon the receipt of this mail message, send to me the following to enable me start the processing the transfer.
1.Your Full Name.
2.Your House Address.
3.Your Phone Number and Fax,
Thank You And God Bless You.
Sincerely
From: Mr. ABDULLAH AHMED NASSER,
MANAGER
National Bank of Dubai
Umm Al Quwain Branch
Shaikh Faisal Street U.A.E
My private email
abdnasser222@gmail.com

Assalamu' Alaikum

2007-08-05T11:14:00.001-05:00

Assalamu' Alaikum
Dear Belove One.

We Hope This Mail Meets You In Good Health And Spirit, I Am, Idris Mohammed majud, I am a Sierra Leonian. Presently, i am living as a refugee with my younger sister Fatue in Republic of Ghana, we are a Victim Of war and the Son Of Late Chief Dr. Osman the assassinated former assistant director Of Sierra Leone Gold And Diamond Mining Corporation.

Our father was killed With other government officials during official hours When the rebel troops stormed and raided the mining corporation office at The heat of the Crisis in our Country. A Few Weeks Later, The Rebels Also Invaded Our Residential Building In Which Our Mother And Two Of Our Security Men Were Killed In The Compound While I Was Out For A Special Research Program And My Younger Sister Was In School.

I Had A singular shock and trauma, which compelled us to flee From The Country To republic of Accra-Ghana By The Help Of An Army Colonel, Who Is A Close Friend Of My Late Father, I Have First Degree In Marketing And Would Have Further My Education If Not For The Death Of My Parents. I Have Never Worked To Earn My Living Since My Late Parents Had Enough Wealth For Us.

We are contacting you now because of the present difficulty we are facing. unfortunately our Father's Two Accounts In West Africa Have Recently Been frozen. however this did not affect the ($32,000,000 million dollar), which He kept In a security firm in Accra-Ghana. For now we are having every information and document of the deposit of the money in the security firm here In Accra-Ghana, and we want you to act as the beneficiary of our Fund For Easy And Smooth transfer to your account abroad For Investment Purposes.

You will no Doubt Be Adequately Compensated With As Well As A Percentage Of The Profit From Investment Of The Fund. Also You Will See To It That My Sister and I come over yo your country at The Earliest Possible Time. I Am making this Request to you with tears In My Eyes And I Feel That Almighty Allah Will Touch You With His Spirit to listen To Our Cry For Help And Answer Us Without Delay. Since Our Breadwinner Is No More And This Is The Only Hope For Life.

Your Positive Response Will Give Us The Greatest Joy And Relief. Allah Bless You For Your Kind Assistance We Have Agreed To Offer You 40% Of The Total Sum. Seriously Waiting For Your Urgent Reply.
Here is my private email address for your reply
idris_mohammed01@myway.com
my Contact +233249370886
Best regard,
Mohammed & Sister Fatue

REPLY SOON

2007-07-31T10:43:00.003-05:00

Hello Dear,
Permit me to inform you of my desire of going into financial transaction
for our mutual benefits hence I write with due respect.
I am Salimata Bubar.a Sudanese currently living in Dakar
Senegal a west African coastal country It's really beautiful down here
so much sunshine and glorious clouds hanging high above in the sky.
my Mother make a deposit in the
custody of security bank here in Dakar senegal with my name as the next of
kin and I want you to stand as my family foreign partner so that i can
nominate you to the security bank as my foreign beneficiary and recipient of
the deposit on my behalf.
For more information,my late Mother deposited the safe box which concealed
the cash of us$8.5million and Diamond worth of us$2.8million in the Treasure
department of a security bank.
I want to move the deposit to your country and i need you to help me make
the claim and transfer with your name, do to the law guiding refugees here
did not permit me to make any official, transaction with my name.
I will like you to come in person in senegal to visit me and for us to go to
the security bank where the Diamond and the money was deposited but if you
can not be able to make it to come, i will give you the contact of the
security bank so that you contact them to discuss how the Diamond and the
money can be transfered to your position.
Please reply as soon as possible and contribute your idea for more
discussion on how to make a step forward.i will give you 10% of the total sum for your efort.
I am waiting to receive your reply soonest
Sincerely yours,
Ms.Salimata Bubar

REPLY SOON

2007-07-31T10:43:00.002-05:00

REPLY SOON

2007-07-31T10:43:00.001-05:00

REPLY SOON

2007-07-31T10:43:00.000-05:00

REPLY SOON

2007-07-31T10:42:00.003-05:00

REPLY SOON

2007-07-31T10:42:00.002-05:00

REPLY SOON

2007-07-31T10:42:00.001-05:00

REPLY SOON

2007-07-31T10:42:00.000-05:00

Job Offers

2007-07-16T10:29:00.000-05:00

Dear Applicants, I want to you that there are some jobs vacancies in Omni Hotels.We need some able Men and Women to work and live close to Omni Hotels in the United States of America for Applicants outside the United States. Hotels will take care of your ticket and Visa,if you are applying from outside United States.Should you have any interest in exploring this Job offers and recruitment opportunity otherwise, please feel free to contact Omni Hotels via E-mail omnihotels@comfortable.com <mailto:omnihotels@comfortable.com> to Mrs Jodi Birnbaum, for more information's and procedures and if you have any question comments or feedback.We look forward to hear from you.Thanks for stopping by. Respectfully Yours Secretary Earthling Employments and Recruitment's 2523 Broadway, Lubbock, P.O Box 45007, Austin TX 79409, U.S.A Tel: +1-806.742.2121 Fax: +1-801.934.8740 ---------------------------------------------------
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No threat detected.
Please visit www.winantivirus.com for more details.

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FindLaw Immigration Case Summaries - July 02-July 6, 2007

2007-07-06T18:55:00.000-05:00

July 02-06, 2007

IMMIGRATION LAW CASES

• Hongyok v. Gonzales
• Fedosseeva v. Gonzales
• US v. Torres-Lona
• Sholla v. Gonzales
• US v. Ruiz-Chairez
• Nasious v. Two Unknown B.I.C.E. Agents
• Frech v. US Attorney Gen.
• Lopez v. U.S. Attorney Gen.

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U.S. 5th Circuit Court of Appeals, July 03, 2007
Hongyok v. Gonzales, No. 05-61169
Petition for review of a decision denying Thai petitioner withholding of removal and protection under the Convention Against Torture (CAT) is denied where the BIA's conclusion, that petitioner failed to meet her burden to prove that she personally would more likely than not be subject to persecution in Thailand, was supported by substantial evidence. The court does not address the BIA's legal conclusion that escaped sex slaves are not a protected social group. Read more...

U.S. 7th Circuit Court of Appeals, July 05, 2007
Fedosseeva v. Gonzales, No. 06-3216
Petition for review of a denial of asylum and withholding of removal is denied where a claim of statelessness is not grounds for asylum, and substantial evidence supported the IJ's ruling that petitioner did not suffer past persecution or have an objectively reasonable fear of future persecution. Read more...

U.S. 8th Circuit Court of Appeals, July 03, 2007
US v. Torres-Lona, No. 06-4013
A conviction for making a materially false statement to federal immigration officers is affirmed over a claim of erroneous denial of a motion to suppress where the district court did not err in determining defendant's post-Miranda false statement to immigration officers should not be suppressed. Read more...

U.S. 8th Circuit Court of Appeals, July 05, 2007
Sholla v. Gonzales, No. 06-2925
Petition for review of a denial of applications for asylum and related relief, in which petitioner alleged that he was the victim of political persecution in Albania, is granted and the matter remanded where the evidence would compel any reasonable fact finder to conclude that petitioner suffered past persecution as a result of his political beliefs. Read more...

U.S. 9th Circuit Court of Appeals, July 06, 2007
US v. Ruiz-Chairez, No. 05-10226
An enhanced sentence for being found in the U.S. after having been previously deported is affirmed over an equal protection challenge as the Sentencing Commission did not act arbitrarily in treating a felon like defendant, who is convicted of being found in the U.S. after having been previously deported, more severely than a felon who is convicted of a different crime and has the same priors for enhancement purposes. Read more...

U.S. 10th Circuit Court of Appeals, July 03, 2007
Nasious v. Two Unknown B.I.C.E. Agents, No. 07-1105
Dismissal with prejudice under Fed. R. Civ. P. 41(b) of an inmate's civil rights complaint for damages is reversed as there was no indication that the district court had considered the applicable factors for dismissing the case with prejudice, and the appellate court was unable to assess the propriety of the dismissal on its own independent assessment. Read more...

U.S. 11th Circuit Court of Appeals, July 02, 2007
Frech v. US Attorney Gen., No. 06-11276
Petition for review of denial of petitioner's motion to change venue and his application for adjustment of status pursuant to Section 202 of the Nicaraguan Adjustment and Central American Relief Act of 1997 is denied over claim that petitioner was denied due process as a result of the denial of a change in venue, and that the IJ failed to apply the correct legal standard in adjudicating his application for waivers of inadmissibility. Read more...

U.S. 11th Circuit Court of Appeals, July 06, 2007
Lopez v. U.S. Attorney Gen., No. 06-12907
Petition for review of denial of asylum, withholding of removal, and relief under the Convention Against Torture is granted where: 1) an attack on petitioner in Colombia by members of FARC was politically motivated; and 2) was one in a series of threats against her for her humanitarian activities for the Liberal Party. The case must be remanded to allow the IJ to decide whether the threats and attack amount to persecution, and to require petitioner to show she is unable to avail herself of the protection of her home country. Read more...

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FindLaw Immigration Case Summaries - June 25-June 29, 2007

2007-06-29T18:55:00.000-05:00

June 25-29, 2007

IMMIGRATION LAW CASES

• Sipayung v. Gonzales
• Chen v. Gonzales
• Koudriachova v. Gonzales
• Mizrahi v. Gonzales
• Briseno-Flores v. Attorney Gen. of the US
• Rosa v. Gonzales
• Theodros v. Gonzales
• Vidal v. Gonzales
• Leguizamo-Medina v. Gonzales
• Bartolo-Diego v. Gonzales
• Singh v. Gonzales
• US v. Spear
• Vannortrick v. State of Texas
• Fakeye v. State of Texas

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U.S. 1st Circuit Court of Appeals, June 27, 2007
Sipayung v. Gonzales, No. 06-2305
Petition for review of a denial of applications for asylum and withholding of removal is denied where the court does not have jurisdiction over the BIA's determination that the asylum claim was untimely, and petitioner did not show past persecution or a probability of future persecution. Read more...

U.S. 2nd Circuit Court of Appeals, June 25, 2007
Chen v. Gonzales, No. 04-1389
Petition for review challenging denial of motion for reconsideration of the denial of petitioner's motion to reopen is denied over alternative claims that: 1) the pending petition for review before this Court rendered the BIA's decision non-final, and therefore the 90-day period had not yet begun to run; 2) the pending petition for review before this Court equitably tolled the 90-day period; and 3) alternatively, the BIA should have granted the motion on humanitarian grounds notwithstanding its untimeliness. Read more...

U.S. 2nd Circuit Court of Appeals, June 26, 2007
Koudriachova v. Gonzales, No. 03-4811
Petition for review of orders dismissing application for asylum and denying motion to reconsider is granted as to the decision dismissing petitioner's appeal, as it contains significant ambiguities and potential misunderstandings of the relevant legal standards. Read more...

U.S. 2nd Circuit Court of Appeals, June 27, 2007
Mizrahi v. Gonzales, No. 05-0010
Petition for review of an order of removal is denied over claim that the BIA erred in ruling that petitioner's 2002 New York State conviction for fourth-degree solicitation to sell drugs in violation of the state's generic solicitation statute rendered him inadmissible to the U.S. Read more...

U.S. 3rd Circuit Court of Appeals, June 26, 2007
Briseno-Flores v. Attorney Gen. of the US, No. 05-5323
A petition for review of a decision denying petitioner suspension of deportation under the statute in effect at the time he applied for such relief is denied where: 1) 8 U.S.C. section 1229b(d)(1)(B) applies to petitioner's request for suspension of deportation under 8 U.S.C. section 1254(a)(1); 2) the BIA's interpretation of the language of section 1229b(d) was reasonable; 3) petitioner was not eligible for suspension of deportation as he did not achieve the required seven years of continuous physical presence immediately preceding the date of his application. Read more...

U.S. 5th Circuit Court of Appeals, June 25, 2007
Rosa v. Gonzales, No. 05-60231
A decision reinstating a previous removal order under 8 U.S.C. section 1231(a)(5) is affirmed where the application of section 1231(a)(5) was not impermissibly retroactive in the case. Read more...

U.S. 5th Circuit Court of Appeals, June 25, 2007
Theodros v. Gonzales, No. 05-60980
Petition for review of a decision, which found petitioner removable and denied his application for status adjustment because he had made a false claim to U.S. citizenship to gain employment, is denied where: 1) sufficient evidence clearly supported an IJ's finding that petitioner falsely represented to employers that he was a U.S. citizen; and 2) the BIA reasonably found that private sector employment was a "purpose or benefit" under 8 U.S.C. section 1227(a)(3)(D). Read more...

U.S. 5th Circuit Court of Appeals, June 27, 2007
Vidal v. Gonzales, No. 07-60070
Once the attorney general has granted an alien voluntary departure, the court of appeals has jurisdiction to toll the period of voluntary departure, already granted by the agency, pending review of the underlying removal decision. Read more...

U.S. 7th Circuit Court of Appeals, June 27, 2007
Leguizamo-Medina v. Gonzales, No. 06-4039
Petition for review of a removal order is dismissed for lack of jurisdiction where petitioner's brief did not present any question of law. Read more...

U.S. 8th Circuit Court of Appeals, June 27, 2007
Bartolo-Diego v. Gonzales, No. 06-1642
Petition for review of a denial of Guatemalan petitioner's claim for asylum and related relief is denied where: 1) the appeals court lacked jurisdiction to review the asylum claim; 2) withholding of removal was properly denied as the evidence of past persecution did not compel the conclusion that petitioner was persecuted based on a protected classification; 3) the record did not compel a conclusion that there is a clear probability that petitioner will face future persecution should he be removed to Guatemala; and 4) petitioner failed to establish that it is more likely than not that he would be tortured if returned to Guatemala. Read more...

U.S. 9th Circuit Court of Appeals, June 25, 2007
Singh v. Gonzales, No. 05-55933
A habeas petition is "pending" in the district court within the meaning of the REAL ID Act's (RIDA) transfer provision when the notice of appeal was not filed at the time RIDA was enacted, but was filed within the sixty day limitations period for filing a timely appeal of a habeas petition under Federal Rules of Appellate Procedure 4(a)(1)(B). Petition for review of a denial of Indian citizen's petition for writ of habeas corpus, which challenged a denial of his motion to reopen removal proceedings, is denied where: 1) the motion to reopen was untimely; and 2) petitioner was not entitled to equitable tolling because of his lack of due diligence. Read more...

U.S. 10th Circuit Court of Appeals, June 26, 2007
US v. Spear, No. 06-1296
In a criminal matter involving a defendant who worked as a federal immigration employee responsible for the intake of certain immigration applications, and who kept the accompanying fees but threw the applications in the trash, a sentence for embezzlement of government funds in excess of $1,000 is reversed and remanded where defendant's position lacked the authority and discretion required for the abuse of public trust sentence enhancement. Read more...

Texas Criminal Court of Appeals, June 27, 2007
Vannortrick v. State of Texas, No. 0923-06, 0924-06
When the trial court fails to admonish a defendant about the immigration consequences of his guilty plea, a silent record on citizenship, or a record that is insufficient to determine citizenship, establishes harm by the standard of Rule of Appellate Procedure 44.2(b). Read more...

Texas Criminal Court of Appeals, June 27, 2007
Fakeye v. State of Texas, No. 0514-06
In a criminal case involving a plea to organized criminal activity wherein the trial court failed to admonish appellant of the deportation consequences of his plea, a court of appeals decision holding that a trial court's failure to correctly admonish defendant was harmful error, and remanding the case, is affirmed where the court of appeals performed a proper analysis of the record to determine whether appellant was harmed by the trial court's error, and its decision to reverse and remand was proper. Read more...

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FindLaw Immigration Case Summaries - June 18-June 22, 2007

2007-06-22T18:55:00.000-05:00

June 18-22, 2007

IMMIGRATION LAW CASES

• Babani v. Gonzales
• Nwogu v. Gonzales
• Chhetry v. US Dep't of Justice
• Chen v. Attorney Gen. of the US
• Fuentes-Cruz v. Gonzales
• Walji v. Gonzales
• US v. Ossa-Gallegos
• Gutierrez-Almazan v. Gonzales
• Gebresadik v. Gonzales
• Moreno-Morante v. Gonzales
• Gradiz v. Gonzales
• Li v. U.S. Attorney Gen.

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U.S. 1st Circuit Court of Appeals, June 22, 2007
Babani v. Gonzales, No. 06-2016
Petition for review of denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture is denied where petitioner offered no evidence of a connection between official mistreatment and her political beliefs. Read more...

U.S. 2nd Circuit Court of Appeals, June 19, 2007
Nwogu v. Gonzales, No. 06-2169
Petition for review of denial of a motion for the BIA to reconsider its decision dismissing petitioner's untimely appeal from the IJ's removal order, is denied over petitioner's claim that he placed his appeal papers in the mail more than one week before the deadline for appeal from the IJ decision. Read more...

U.S. 2nd Circuit Court of Appeals, June 20, 2007
Chhetry v. US Dep't of Justice, No. 06-3416
Denial of motion to reopen is vacated as the BIA exceeds its allowable discretion when, in denying a motion to reopen based solely on facts of which it took administrative notice, it fails to give the petitioner an opportunity to rebut the inferences it drew from those noticed facts. Read more...

U.S. 3rd Circuit Court of Appeals, June 20, 2007
Chen v. Attorney Gen. of the US, No. 05-4011
A petitioner may qualify for asylum on the basis of a well-founded fear that his spouse may face forced abortion or sterilization. Read more...

U.S. 5th Circuit Court of Appeals, June 18, 2007
Fuentes-Cruz v. Gonzales, No. 06-60456
Petition for review of a denial of an application for cancellation of removal is dismissed where the IJ and BIA properly found that petitioner's conviction of the Texas offense of Unlawful Transport under Tex. Penal Code Ann. section 20.05 is a crime involving moral turpitude. Read more...

U.S. 5th Circuit Court of Appeals, June 19, 2007
Walji v. Gonzales, No. 06-20937
When a U.S. Citizenship and Immigration Services (CIS) examination is premature because a mandatory security investigation is not complete, the 120-day time period of 8 U.S.C. section 1447(b) that allows for judicial adjudication of the matter, does not begin to run until CIS receives the FBI's "definitive response" described in 8 C.F.R. section 335.2(b). Read more...

U.S. 6th Circuit Court of Appeals, June 21, 2007
US v. Ossa-Gallegos, No. 05-5824
"Tolling" is not a "condition" in the sense in which the term is used in 18 U.S.C. section 3583(d), and therefore, courts do not have authority under section 3583(d) to issue special "conditions" of supervised release which toll the period for which deported aliens are subject to supervised release. Consequently, the practice of tolling a period of supervised release for a deported offender is not authorized by sentencing statutes. Read more...

U.S. 7th Circuit Court of Appeals, June 21, 2007
Gutierrez-Almazan v. Gonzales, No. 05-4494
Petition for review of a removal order is granted and the matter remanded to the BIA where the court is unable to determine from the BIA's conclusory statement whether it abused its discretion by refusing to accept petitioner's late brief. Read more...

U.S. 8th Circuit Court of Appeals, June 21, 2007
Gebresadik v. Gonzales, No. 06-2420
Petition for review of a denial of Ethiopian petitioner's application for asylum and related relief is denied where: 1) there was sufficient evidence to support an IJ's conclusion that because petitioner failed to meet her burden of proof, she is not eligible for asylum; 2) consequently she was ineligible for withholding relief; and 3) the conclusions that supported denying asylum and withholding also supported denying CAT claims. Read more...

U.S. 9th Circuit Court of Appeals, June 21, 2007
Moreno-Morante v. Gonzales, No. 05-75376
A United States citizen grandchild, in the lawful custody of non-citizen grandparents, does not meet the statutory definition of "qualifying relative" for the purpose of cancellation of removal. Read more...

U.S. 10th Circuit Court of Appeals, June 20, 2007
Gradiz v. Gonzales, No. 06-9534
An order of removal based on petitioner's conviction for an aggravated felony is affirmed over his claims that his deferred plea agreement was not a conviction under 8 U.S.C. section 1228, and that the crime to which he pleaded was not an aggravated felony subject to deportation. Read more...

U.S. 11th Circuit Court of Appeals, June 18, 2007
Li v. U.S. Attorney Gen., No. 06-15148
Denial of motion to reopen removal proceedings is vacated as the BIA abused its discretion when it refused to reopen petitioner's removal proceedings after she established a prima facie case of eligibility for withholding of removal, with evidence showing that the Chinese government considers foreign-born children of Chinese nationals equivalent to children born in China for purposes of the one-child policy by sterilization. Read more...

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FindLaw Immigration Case Summaries - June 11-June 15, 2007

2007-06-15T18:55:00.000-05:00

June 11-15, 2007

IMMIGRATION LAW CASES

• Pena-Muriel v. Gonzales
• De La Rosa v. Dep't of Homeland Sec.
• Fong Chen v. Gonzales
• Colaianni v. INS
• Fadiga v. Attorney Gen. USA
• Niang v. Gonzales
• Matovski v. Gonzales
• Bu v. Gonzales
• Elias v. Gonzales
• Chen v. Gonzales
• Singh v. Gonzales
• Goel v. Gonzales
• Gonzales & Gonzales Bonds & Ins. Agency, Inc. v. Dep't of Homeland Sec.

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U.S. 1st Circuit Court of Appeals, June 13, 2007
Pena-Muriel v. Gonzales, No. 05-1937
Refusal to reopen removal proceedings after a criminal conviction was vacated is affirmed where: 1) a statutory change did not alter a regulation prohibiting a motion to reopen after the removal subject had left the U.S.; and 2) the denial of the motion to reopen did not violate due process. Read more...

U.S. 2nd Circuit Court of Appeals, June 13, 2007
De La Rosa v. Dep't of Homeland Sec., No. 06-2363
Decision pretermitting an application for a waiver of inadmissibility under section 212(c) of the Immigration and Naturalization Act is affirmed as a lawful permanent resident who has procured her status by fraud or mistake has not been "lawfully admitted for permanent residence" for purposes of section 212(c). Read more...

U.S. 2nd Circuit Court of Appeals, June 14, 2007
Fong Chen v. Gonzales, No. 06-1010
In case involving one-child policy in Changle City, in the Fujian Province of the People's Republic of China, and forced sterilization after birth of second child, petition for review of denial of untimely motion to reopen removal proceedings is granted as a petitioner who submits only the 2003 decisions from the Changle City Family-Planning Board and Fujian Province Department of Family-Planning Administration but not the Q & A for Changle City Family-Planning Information Handbook, are sufficient to present to the BIA the same alleged policy discussed in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir. 2006). Read more...

U.S. 2nd Circuit Court of Appeals, June 15, 2007
Colaianni v. INS, No. 05-3384
Petition for review challenging denial of petitioner's claim that he is a U.S. citizen and therefore not subject to removal is denied as: 1) petitioner's citizenship claim is invalid; and 2) application of former sections 320-322 of the Immigration & Nationality Act does not violate his Fifth Amendment right to equal protection. Read more...

U.S. 3rd Circuit Court of Appeals, June 15, 2007
Fadiga v. Attorney Gen. USA, No. 05-4910
An alien claiming ineffective assistance of counsel in removal proceedings must, in addition to showing that his lawyer committed unprofessional errors, show that there was a "reasonable likelihood that the result would have been different if the error[s] ... had not occurred." A petition for review of a final order of removal as to his claims for withholding under the INA and protection under the CAT is granted where the BIA abused its discretion in denying petitioner's motion to reopen/remand based on a claim of ineffective assistance. Read more...

U.S. 4th Circuit Court of Appeals, June 12, 2007
Niang v. Gonzales, No. 06-1470
Denial of application for withholding of removal is affirmed where petitioner's claim focuses solely on the psychological harm she claims she will suffer if her daughter accompanies her to Senegal and is subjected to female genital mutilation, and there is no derivative withholding claim recognized for petitioner's daughter. Read more...

U.S. 6th Circuit Court of Appeals, June 15, 2007
Matovski v. Gonzales, No. 05-4534
A BIA decision finding petitioners-Macedonian citizens deportable is reversed in part pursuant to a claim that the BIA erred when it ruled that an IJ lacked jurisdiction to adjudicate the portability of petitioner's I-140 form under 8 U.S.C. section 1154(j) in a removal proceeding. Read more...

U.S. 6th Circuit Court of Appeals, June 15, 2007
Bu v. Gonzales, No. 05-4663
A decision denying petitioner asylum is remanded for further proceedings where: 1) the IJ misapprended the nature of petitioner's claim that he had suffered past persecution in his native China based on political opinion; and 2) substantial evidence failed to support the denial of asylum. Read more...

U.S. 6th Circuit Court of Appeals, June 15, 2007
Elias v. Gonzales, No. 06-3366
In an asylum case brought by petitioner, a native of Iraq and a Chaldean Christian, petition for review of a BIA decision dismissing petitioner's appeal from an oral decision of an IJ is granted and the decision vacated where the circuit court could not conclude that an adverse credibility determination was supported by substantial evidence due to the IJ's behavior during the hearing, specifically, due to the IJ's exhibiting apparent bias and hostility toward petitioner. Read more...

U.S. 7th Circuit Court of Appeals, June 11, 2007
Chen v. Gonzales, No. 06-3980
Denial of an application for asylum is vacated and the case remanded to the BIA to consider: 1) what financial exactions are normally used in Fujian province in China as part of its family planning system; 2) how those consequences should be classified under the legal standard that separates inducement and encouragement from "force," which immigration law treats as persecution; and 3) new evidence placed before the BIA by the 2nd Circuit. Read more...

U.S. 9th Circuit Court of Appeals, June 12, 2007
Singh v. Gonzales, No. 03-74390
A petition for review brought by a Sikh citizen of India challenging a final order of deportation is granted and the matter remanded where an IJ erred in denying applications for asylum and related relief, solely on the basis of an adverse inference drawn from petitioner's refusal to allow access to a Canadian immigration file under his name. Read more...

U.S. 9th Circuit Court of Appeals, June 14, 2007
Goel v. Gonzales, No. 05-70298, 05-74006
Indian citizen's petition for review of a final order of removal and a denial of a motion to reopen is denied as: 1) polygraph evidence provides no adequate basis for reopening a removal decision because it is not evidence that was previously unavailable within the meaning of the applicable regulation; and 2) an original negative credibility finding was supported by substantial evidence. Read more...

U.S. Federal Circuit Court of Appeals, June 15, 2007
Gonzales & Gonzales Bonds & Ins. Agency, Inc. v. Dep't of Homeland Sec., No. 2006-1528
An order transferring immigration bond agency's claims against the government to the United States Court of Federal Claims is vacated where the agency's claims were not Tucker Act claims for monetary relief, and thus, the Court of Federal Claims lacked jurisdiction. Read more...

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FindLaw Immigration Case Summaries - June 04-June 8, 2007

2007-06-08T18:55:00.000-05:00

June 04-08, 2007

IMMIGRATION LAW CASES

• Lemus v. Gonzales
• US v. Earle
• Pan v. Gonzales
• Peralta-Taveras v. Gonzales
• Ye v. US Dep't of Justice
• Romero-Rodriguez v. Gonzales
• Said v. Gonzales
• Garza-Moreno v. Gonzales
• Alimi v. Gonzales
• Abdala v. Immigration & Naturalization Serv.
• Tang v. Gonzales
• Reynoso-Cisneros v. Gonzales
• Morales v. U.S. Attorney. Gen.
• Cubas v. Martinez

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U.S. 1st Circuit Court of Appeals, June 06, 2007
Lemus v. Gonzales, No. 06-1628
Petition for review of a denial of a motion to reopen removal proceedings is denied where the petitioner offered materials designed to persuade the BIA that its original assessment of country conditions was incorrect rather than arguing that country conditions have worsened since the BIA ordered her removal. Read more...

U.S. 1st Circuit Court of Appeals, June 06, 2007
US v. Earle, No. 06-1727
Conviction and sentence for illegal reentry of a deported alien are affirmed over defendant's arguments that: 1) his right to confrontation under the Sixth Amendment was violated by the admission at trial of a Certificate of Nonexistence of a Record; 2) the district court erred in refusing to instruct the jury that it must find that his prior deportation was lawful beyond a reasonable doubt; 3) the district court erred in imposing a 16-level enhancement under the Sentencing Guidelines for a prior deportation after conviction of a "crime of violence"; and 4) his sentence was in excess of the applicable statutory maximum because the fact that he had previously been convicted of an aggravated felony was not found by the jury beyond a reasonable doubt. Read more...

U.S. 1st Circuit Court of Appeals, June 07, 2007
Pan v. Gonzales, No. 06-2166
Petition for review of a denial of an application for asylum, withholding of removal, or protection under the Convention Against Torture is denied where: 1) the court does not have jurisdiction to review a determination that the petitioner did not file his asylum application within the one year limit; 2) petitioner's legal challenge to the time limit holding was merely a disguised factual challenge; 3) the IJ's adverse credibility determination was supported by substantial evidence; and 4) the petitioner abandoned his claim for relief under the CAT. Read more...

U.S. 2nd Circuit Court of Appeals, June 06, 2007
Peralta-Taveras v. Gonzales, No. 06-2125
Petition for review of denial of applications for waiver of deportation under former section 212(c) of the INA, and cancellation of removal under section 240A(a) of the INA is denied as the IJ correctly concluded that petitioner cannot obtain relief from deportation through simultaneous consideration of his applications for cancellation of removal under section 240A and a waiver under section 212(c). (Amended) Read more...

U.S. 2nd Circuit Court of Appeals, June 06, 2007
Ye v. US Dep't of Justice, No. 05-0170
Petition for review of denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture is denied over primary claim that the IJ, Judge, in finding petitioner incredible, impermissibly relied upon "striking similarities" between petitioner's affidavit and an affidavit filed by a different alien in a separate case. Read more...

U.S. 5th Circuit Court of Appeals, June 04, 2007
Romero-Rodriguez v. Gonzales, No. 05-60661
In the context of an alien's ineligibility to apply for a waiver of removal under INA section 212(c) if they have "served...a term of imprisonment of at least 5 years", the BIA may determine the length of an alien's term of imprisonment by using the date of the BIA's subsequent denial following the reopening of the case. Read more...

U.S. 5th Circuit Court of Appeals, June 04, 2007
Said v. Gonzales, No. 05-60907
A Palestinian refugee's petition for review of a decision of the BIA is dismissed as the court of appeals had no jurisdiction to review the BIA's discretionary decisions regarding waiver of removal based on extreme hardship to a U.S. citizen relative or spouse. Read more...

U.S. 6th Circuit Court of Appeals, June 05, 2007
Garza-Moreno v. Gonzales, No. 06-3562, 06-4024
8 U.S.C. section 1252 does not strip the court of appeals of jurisdiction to review the denial of an administrative closure. A petition for review of a BIA order to have petitioners removed is dismissed in part and denied in part over claims that: 1) they were denied due process by various problems with the proceedings before the IJ and the BIA; 2) the BIA erred in denying cancellation of removal; and 3) the BIA abused its discretion by refusing to administratively close the case. Read more...

U.S. 7th Circuit Court of Appeals, June 06, 2007
Alimi v. Gonzales, No. 06-3199
After issuance of a removal order for a legal permanent resident who had engaged in alien smuggling, petition for review is denied where: 1) petitioner did not make a substantial argument that she was denied a constitutional right to due process in her removal proceeding; 2) petitioner did not demonstrate that the proceeding failed to comply with the applicable statutory standards; 3) petitioner could not demonstrate prejudice on her due process or statutory claims; and 4) no prejudice occurred when petitioner was not fully advised of her rights during the proceeding. Read more...

U.S. 9th Circuit Court of Appeals, June 04, 2007
Abdala v. Immigration & Naturalization Serv., No. 06-55774
In proceedings arising after petitioner was ordered removed to Somalia as a result of his criminal convictions, petitioner's appeal from a denial of his habeas petition is dismissed as moot where, because petitioner's habeas claims challenged only the length of his detention, as distinguished from the lawfulness of the deportation order, his grievance could no longer be remedied once he was deported. Read more...

U.S. 9th Circuit Court of Appeals, June 06, 2007
Tang v. Gonzales, No. 04-70804
Petition for review of a denial of Chinese petitioner's application for asylum and withholding of removal, which alleged that an abortion performed on his wife constituted persecution by the Chinese government as a forced abortion, is granted where: 1) petitioner established that his s wife underwent a forced abortion within the meaning of 8 U.S.C. section 1101(a)(42)(B), and was therefore statutorily eligible for asylum; and 2) victims of forced abortion, like victims of forced sterilization, are statutorily entitled to withholding of removal. Read more...

U.S. 9th Circuit Court of Appeals, June 07, 2007
Reynoso-Cisneros v. Gonzales, No. 05-71803
A petition for review of a BIA order denying petitioner's motion to reopen exclusion proceedings is granted where: 1) petitioner filed her motion to reopen after she departed the U.S. under an exclusion order and, thus, after the completion of immigration proceedings; and 2) consequently, the BIA erred in concluding it lacked jurisdiction over the motion to reopen. Read more...

U.S. 11th Circuit Court of Appeals, June 06, 2007
Morales v. U.S. Attorney. Gen., No. 06-14911
Petition for review of order of removal is denied where: 1) the record does not compel reversal of the BIA's finding that petitioner failed to demonstrate a nexus between his political opinion and his persecution, as required for asylum relief or withholding of removal; and 2) petitioner testified that the authorities were helpful in protecting him from the guerrillas, the record does not compel a finding that the authorities acquiesced to any alleged torture, as required for CAT relief. Read more...

New York Court of Appeals, June 07, 2007
Cubas v. Martinez, No. 74
Dismissal of challenge to policy of respondent department of motor vehicles that no driver's licenses be issued to applicants who lack valid social security numbers, unless they prove they are ineligible for SSNs, is affirmed except as to declaratory judgment that respondent's one year six month policy is within his authority and enforceable, which is deleted. Read more...

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FindLaw Immigration Case Summaries - May 28-June 1, 2007

2007-06-01T18:55:00.000-05:00

May 28-June 01, 2007

IMMIGRATION LAW CASES

• Blake v. Carbone
• Abdelfattah v. US Dep't of Homeland Sec.
• Lin-Jian v. Gonzales
• Waggoner v. Gonzales
• Covarrubias v. Gonzales
• Kharana v. Gonzales

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U.S. 2nd Circuit Court of Appeals, June 01, 2007
Blake v. Carbone, No. 05-2988, 05-4188, 05-2643, 05-4382
Petitions for review of orders holding deportees ineligible for relief under former section 212(c) of the Immigration and Nationality Act because their aggravated felony ground of deportation lacked a counterpart ground of exclusion are granted as, under the equal protection principle enunciated in Francis v. INS, 532 F.2d 268 (2d Cir. 1976), each petitioner's eligibility for a section 212(c) waiver must turn on whether similarly situated lawful permanent residents in removal proceedings are given similar treatment. Read more...

U.S. 3rd Circuit Court of Appeals, May 30, 2007
Abdelfattah v. US Dep't of Homeland Sec., No. 06-4106
In the context of an action brought under the Freedom of Information Act (FOIA) and the test for evaluating whether material withheld pursuant to FOIA Exemption 7 qualifies as "records or information compiled for law enforcement purposes," an agency seeking to invoke Exemption 7 does not have to identify a particular individual or incident as the object of an investigation into a potential violation of law or security risk. However, Exemption 7 still requires an agency to demonstrate that the relationship between its authority to enforce a statute or regulation and the activity giving rise to the requested documents is based upon information sufficient to support at least a colorable claim of the relationship's rationality. Read more...

U.S. 4th Circuit Court of Appeals, May 30, 2007
Lin-Jian v. Gonzales, No. 05-1693
Petition for review of denial of application for relief from removal via political asylum, withholding of removal, and protection under the Convention Against Torture is reversed as to claims for asylum and withholding of removal as petitioner may establish eligibility by demonstrating that his wife was forced to undergo an abortion or that he himself has a well-founded fear of sterilization or other persecution if he returns to China. Read more...

U.S. 5th Circuit Court of Appeals, May 30, 2007
Waggoner v. Gonzales, No. 05-60625
Petition for review of a BIA ruling that petitioner-Fiji native was statutorily ineligible for an extreme hardship waiver based on a finding that her marriage was not entered into in good faith is granted as the plain language of the applicable statute does not require a good faith marriage to obtain an extreme hardship waiver. Read more...

U.S. 9th Circuit Court of Appeals, May 29, 2007
Covarrubias v. Gonzales, No. 03-74661
Alien smuggling as defined in 8 U.S.C. section 1182(a)(6)(E)(i), does not ends once the alien crosses the border, but continues until the initial transporter who brings the alien to the U.S. ceases to transport the alien. Petition for review of the BIA's dismissal of petitioner's appeal from a denial of his application for suspension of deportation is denied where substantial evidence supported the BIA's finding that petitioner was statutorily ineligible to prove good moral character because he had engaged in alien smuggling. Read more...

U.S. 9th Circuit Court of Appeals, May 29, 2007
Kharana v. Gonzales, No. 04-71335
A defendant who pleads guilty to fraudulently appropriating more than $10,000 but subsequently makes her victims whole has not "paid down" the "loss to the victims" below the statutory threshold so that her offense no longer qualifies as an aggravated felony, for purposes of section 101(a)(43)(M)(i) of the Immigration and Nationality Act (INA). Read more...

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FindLaw Immigration Case Summaries - May 21-May 25, 2007

2007-05-25T18:55:00.000-05:00

May 21-25, 2007

IMMIGRATION LAW CASES

• Castaneda-Castillo v. Gonzales
• Feliz v. Gonzales
• Mewengkang v. Gonzales
• Peralta-Taveras v. Gonzales
• Iouri v. Ashcroft
• Markovski v. Gonzales
• US v. Rodarte-Vasquez
• Gonzales-Maldonado v. Gonzales
• Jaber v. Gonzales
• Singh v. Gonzales
• Tandia v. Gonzales
• Agbor v. Gonzales
• Tun v. Gonzales
• Saravia-Paguada v. Gonzales
• US v. Sandoval-Sandoval
• Gama Puga v. Chertoff
• US v. Dang
• Landin-Zavala v. Gonzales
• Rivera v. U.S. Attorney Gen.
• Delgado v. US Attorney Gen.
• Niftaliev v. US Attorney Gen.
• Rhodes v. Merit Sys. Prot. Bd.

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U.S. 1st Circuit Court of Appeals, May 23, 2007
Castaneda-Castillo v. Gonzales, No. 05-2384
In an en banc decision, denial of asylum by reason of having assisted or otherwise participated in persecution is vacated where culpable knowledge of the persecution is required for the persecutor bar to apply, and the IJ's and BIA's adverse credibility findings were vulnerable on grounds of reasoning and/or evidentiary support. Read more...

U.S. 1st Circuit Court of Appeals, May 25, 2007
Feliz v. Gonzales, No. 06-1579
Petition for review of a removal order is denied where, while the court had jurisdiction over petitioner's continuance claim, the petitioner never asked for or otherwise indicated clearly to the IJ that he sought a continuance. Read more...

U.S. 1st Circuit Court of Appeals, May 25, 2007
Mewengkang v. Gonzales, No. 06-1976
Petition for review of a denial of withholding of removal is denied where the IJ's credibility determination was supported by substantial evidence and petitioner failed to point out any evidence in the record suggesting that he would be persecuted on account of his religion if he were returned to Indonesia. Read more...

U.S. 2nd Circuit Court of Appeals, May 22, 2007
Peralta-Taveras v. Gonzales, No. 06-2125
Petition for review challenging denial of applications for waiver of deportation under former section 212(c) of the INA, and cancellation of removal under current section 240A(a) is denied over claim of ambiguous Congressional intent as to the application of section 240A(a) to a petitioner who is also eligible for section 212(c) relief. Read more...

U.S. 2nd Circuit Court of Appeals, May 24, 2007
Iouri v. Ashcroft, No. 02-4992
Petition for review of denial of application for asylum, withholding of return, and relief under the Convention Against Torture, and also denial of motion to reopen proceedings for purposes of adjusting petitioners' status to lawful permanent residents, is denied over claims that: 1) the BIA erred by failing to take into account their advanced age in assessing their credibility; and 2) petitioners' voluntary departure period should be deemed stayed, tolled, or otherwise extended by their having timely filed for a petition for review and moved for a stay of deportation in their underlying asylum case. The INS District Director might well consider exercising his or her discretion under pre-IIRIRA regulatory authority to grant a nunc pro tunc extension of voluntary departure so that petitioners may adjust their status to lawful permanent residents. Read more...

U.S. 4th Circuit Court of Appeals, May 21, 2007
Markovski v. Gonzales, No. 05-2317
In case involving Macedonian citizen who entered the U.S. on a K-1 fiance visa, got married in good faith, filed for adjustment of status, but divorced prior to adjudication of his petition, and where the former wife failed to forward petitioner's mail to his new address, resulting in his failure to appear for his interview, an order granting voluntary departure, but refusing to adjust status despite petitioner's new employment, is upheld over primary claim that the INA should be interpreted to permit his application to adjust status based on employment. Read more...

U.S. 5th Circuit Court of Appeals, May 23, 2007
US v. Rodarte-Vasquez, No. 04-50224
Defendants' convictions for illegal reentry after deportation are affirmed but their sentences vacated where application of the 2003 Sentencing Guidelines, as opposed to the 2002, constituted an ex post facto violation. The court rejects defendants' primary claim that sentencing guidelines offense-level enhancements, imposed as a result of defendants' prior alien-smuggling convictions, were improper in light of Booker. Read more...

U.S. 5th Circuit Court of Appeals, May 25, 2007
Gonzales-Maldonado v. Gonzales, No. 05-60924
Petition for review of a decision finding petitioner statutorily ineligible for cancellation of removal and voluntary departure is granted where petitioner did not give false testimony about his address for the purpose of obtaining immigration benefits. Read more...

U.S. 6th Circuit Court of Appeals, May 22, 2007
Jaber v. Gonzales, No. 05-3882
A petition for review of a decision by the BIA denying petitioner's motion to reopen a prior removal decision is dismissed for lack of jurisdiction where: 1) petitioner had not filed a petition for review of the BIA's determination on whether to reopen; and 2) the district court did not transfer petitioner's challenge to the BIA's final determination on whether to reopen, but only transferred a challenge to the initial removal decision. Read more...

U.S. 7th Circuit Court of Appeals, May 23, 2007
Singh v. Gonzales, No. 06-3177
Petition for review of a denial of withholding of removal and relief under the Convention Against Torture is denied where petitioner's retraction of statements made in a sworn affidavit gave the IJ good reason to doubt his credibility, and petitioner offered no evidence to explain the discrepancy. Read more...

U.S. 7th Circuit Court of Appeals, May 23, 2007
Tandia v. Gonzales, No. 06-2471
Petition for review of a denial of asylum, withholding of removal and relief under the Convention Against Torture is granted where the IJ's credibility determination rested on erroneous conclusions and the IJ failed to support the determination that petitioner's testimony was not corroborated by evidence in the record. Read more...

U.S. 7th Circuit Court of Appeals, May 25, 2007
Agbor v. Gonzales, No. 06-2015
Petition for review of a denial of asylum is granted and the underlying decision vacated where both the IJ and the BIA disregarded critical evidence in the petitioners' favor, and their reasons for discounting the petitioners' fears of persecution after refusing to undergo female circumcision were problematic. Read more...

U.S. 8th Circuit Court of Appeals, May 21, 2007
Tun v. Gonzales, No. 06-1477
A petition for review of denial of Burma native's application for asylum and related relief is granted where: 1) there was no jurisdiction to review a determination that the asylum application was untimely; but 2) denial of withholding and Convention Against Torture claims for relief was error as improper and prejudicial exclusion of evidence coupled with unreliable translation denied petitioner a fair hearing in violation of his due process rights under the Fifth Amendment. Read more...

U.S. 9th Circuit Court of Appeals, May 21, 2007
Saravia-Paguada v. Gonzales, No. 05-73098
A petition for review, brought by a legal permanent resident who was convicted of several felonies, challenging a decision pretermitting relief under former INA section 212(c) is affirmed over claims that: 1) time served pursuant to the recidivist statute should not have been counted for purposes of a statutory bar on relief; and 2) in the alternative, applying the statutory bar to petitioner's 1988 sentence had an impermissibly retroactive effect on the criminal conduct underlying his convictions. Read more...

U.S. 9th Circuit Court of Appeals, May 23, 2007
US v. Sandoval-Sandoval, No. 06-30370
Defendant's conviction for illegal reentry of a deported alien is affirmed over challenges to: 1) an order compelling a set of fingerprint exemplars; and 2) the district court's reliance at sentencing on a California court "abstract of judgment" as evidence of the length of a prior sentence that he served in state prison. Read more...

U.S. 9th Circuit Court of Appeals, May 24, 2007
Gama Puga v. Chertoff, No. 05-16902
In an action arising from removal proceedings, dismissal of Mexican citizen's habeas petition for lack of jurisdiction under the REAL ID Act is affirmed on the grounds that petitioner failed to exhaust the administrative remedies that were available to him, and thus his claim was not properly before the district court. Read more...

U.S. 9th Circuit Court of Appeals, May 24, 2007
US v. Dang, No. 04-17529
The Department of Homeland Security's regulation pertaining to assessment of good moral character in naturalization proceedings passes constitutional muster and is not ultra vires as to its governing statute. Read more...

U.S. 9th Circuit Court of Appeals, May 25, 2007
Landin-Zavala v. Gonzales, No. 04-70765
A petition for review of denial of Mexican citizen's application for cancellation of removal is denied over meritless claim that neither his formal order of exclusion nor his voluntary return to Mexico subsequent to apprehension by the U.S. border patrol later that month ended his continuous physical presence in the U.S. for purposes of the cancellation of removal statute. Read more...

U.S. 11th Circuit Court of Appeals, May 23, 2007
Rivera v. U.S. Attorney Gen., No. 06-10209
Petitions for review of denials of applications for asylum and withholding of removal are denied, as the record does not compel the conclusion that petitioners' fear of persecution is on account of their political opinion when their persecutors have murdered members of their family for their refusal to pay a "war tax" to a Marxist paramilitary organization, the Sixth Front of the Revolutionary Armed Forces of Colombia. Read more...

U.S. 11th Circuit Court of Appeals, May 25, 2007
Delgado v. US Attorney Gen., No. 05-16419
Petition for review of orders of removal, denials of asylum, and withholding of removal is granted in part as to withholding claims of two petitioners where they, father and son, were attacked by unknown assailants as a result of the father's political opinions and, thus, establish past persecution. Read more...

U.S. 11th Circuit Court of Appeals, May 25, 2007
Niftaliev v. US Attorney Gen., No. 06-12708
Denial of petition for withholding of removal is reversed where, since the record compels a finding that the petitioner suffered from past persecution, he is entitled to the benefit of the rebuttable presumption described in 8 C.F.R. section 208.16(b)(1)(i). Read more...

U.S. Federal Circuit Court of Appeals, May 23, 2007
Rhodes v. Merit Sys. Prot. Bd., No. 2006-3340
In proceedings arising from a challenge to the Department of Homeland Security's failure to restore petitioner to duty after an acquittal of criminal charges that formed the basis of his indefinite suspension from the agency, dismissal of petitioner's appeal is reversed as an AJ erred in determining that it lacked jurisdiction over the appeal. The imposition of an indefinite suspension and the failure to terminate such indefinite suspension are not the same "matter" according to 5 U.S.C. section 7121(e). Read more...

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FindLaw Immigration Case Summaries - May 14-May 18, 2007

2007-05-18T18:55:00.000-05:00

May 14-18, 2007

IMMIGRATION LAW CASES

• Molina de Massenet v. Gonzales
• US v. Martinez
• Mapouya v. Gonzales
• Jiang v. Gonzales
• Zahren v. Gonzales
• Pedroza-Padilla v. Gonzales
• Montes-Lopez v. Gonzales
• Chaidez v. Gonzales

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U.S. 1st Circuit Court of Appeals, May 15, 2007
Molina de Massenet v. Gonzales, No. 06-1610
Petition for review of a denial of petitioner's second motion to reopen her removal proceedings is denied where there was no abuse of discretion in the IJ's decision to prevent petitioner from proceeding with a second I-751 petition to remove conditions on her residency status after finding that petitioner had already filed a prior I-751 that was rejected due to marriage fraud, and that petitioner herself had admitted the fraud. Read more...

U.S. 5th Circuit Court of Appeals, May 15, 2007
US v. Martinez, No. 05-20330
A conviction for being an illegal alien in possession of firearms is reversed where the district court erred in denying a motion to suppress the firearms at issue because a vehicle stop was not supported by reasonable suspicion, and guns found in a subsequent search had to be suppressed under the fruit of the poisonous tree doctrine. Read more...

U.S. 6th Circuit Court of Appeals, May 18, 2007
Mapouya v. Gonzales, No. 06-3042
A petition for review of a denial of Congolese native's application for asylum and related relief is granted where: 1) the IJ made an erroneous adverse credibility finding on the asylum question, and the negative determination permeated and infused the IJ's subsequent findings and conclusions on petitioner's additional requests for relief; and 2) thus, the IJ's order lacked adequate legal analysis and reasoning to support its ultimate conclusions. Read more...

U.S. 7th Circuit Court of Appeals, May 14, 2007
Jiang v. Gonzales, No. 06-3142
Petition for review of a denial of application for asylum, withholding of removal, and protection under the Convention against Torture is granted and remanded for a new removal hearing where the IJ's reasons for rejecting petitioner's testimony were not supported by substantial evidence. Read more...

U.S. 7th Circuit Court of Appeals, May 17, 2007
Zahren v. Gonzales, No. 06-1301
Petition for review of a denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is denied where the IJ ordered petitioner, a former Palestinian resident of Hebron, removed to Jordan, where he held dual citizenship. Thus, the likelihood of his persecution in Hebron was irrelevant, and petitioner at no point in the proceedings argued that he would be subject to persecution in Jordan. Read more...

U.S. 9th Circuit Court of Appeals, May 15, 2007
Pedroza-Padilla v. Gonzales, No. 03-74640
A waiver of inadmissibility under the Immigration Reform and Control Act does not also waive the legalization requirement that an alien have resided continuously in the United States since January 1, 1982. Read more...

U.S. 9th Circuit Court of Appeals, May 17, 2007
Montes-Lopez v. Gonzales, No. 05-76297
The Board of Immigration Appeals (BIA) errs when it fails on appeal to consider and decide claims that IJ proceedings suffered from procedural irregularity. A petition for review of a denial of El Salvadorian citizen's application for asylum and related relief is granted where the BIA erred by failing to address petitioner's claim that he was denied his right to counsel at proceedings before an immigration judge (IJ). Read more...

U.S. 9th Circuit Court of Appeals, May 17, 2007
Chaidez v. Gonzales, No. 02-71966
A petition for review of a decision precluding petitioner from proceeding with his application for relief from removal is granted where the government did not meet its burden of demonstrating by clear, unequivocal, and convincing evidence that petitioner or a responsible person at his address signed a certified mail return receipt for his Order to Show Cause (OSC), for purposes of effective service. (Amended opinion) Read more...

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FindLaw Immigration Case Summaries - May 07-May 11, 2007

2007-05-11T19:11:00.000-05:00

May 07-11, 2007

IMMIGRATION LAW CASES

• Rodrigues-Nascimento v. Gonzales
• Ruiz-Almanzar v. Ridge
• Barnaby-King v. US Dep't of Homeland Sec.
• Moreno-Cebrero v. Gonzales
• Hassan v. Gonzales
• US v. Torres-Villalobos
• Lolong v. Gonzales
• US v. Lopez
• Juarez-Ramos v. Gonzales
• US v. C.M.

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U.S. 1st Circuit Court of Appeals, May 09, 2007
Rodrigues-Nascimento v. Gonzales, No. 06-1438
Petition for review of a denial of a petition for adjustment of status and motion for voluntary departure are denied where the court lacked jurisdiction since petitioner did not raise a constitutional claim or question of law concerning his petition for adjustment of status, and where petitioner waived his arguments against the denial of voluntary departure by not raising them before the BIA. Read more...

U.S. 2nd Circuit Court of Appeals, May 08, 2007
Ruiz-Almanzar v. Ridge, No. 05-4380
Holding that petitioner is ineligible for relief under Immigration and Nationality Act section 212(c) is affirmed as petitioner, a deportable alien, is ineligible for this relief, notwithstanding the fact that he also seeks to apply for an adjustment of his immigration status. Read more...

U.S. 2nd Circuit Court of Appeals, May 10, 2007
Barnaby-King v. US Dep't of Homeland Sec., No. 06-1740
Petition for review of denial of petitioner's applications for a waiver under section 212(i) of the Immigration and Nationality Act and adjustment of status under 8 U.S.C. section 1255(i) is denied over claims that: 1) the IJ erred in denying petitioner's section 212(i) waiver and adjustment of status applications by applying an "erroneous standard of law"; 2) the IJ deprived her of due process and abused his discretion by denying her motion for a continuance; and 3) the IJ's adverse credibility finding was in error. Read more...

U.S. 7th Circuit Court of Appeals, May 10, 2007
Moreno-Cebrero v. Gonzales, No. 05-4105
Petition for review of a denial of petitioner's request for a waiver of removal under section 212(c) of the Immigration and Nationality Act is denied where detention prior to a criminal conviction is counted as part of a term of imprisonment in determining the eligibility of a removable alien under former INA section 212(c). Read more...

U.S. 8th Circuit Court of Appeals, May 07, 2007
Hassan v. Gonzales, No. 05-2084
A petition for review of a denial of an asylum claim by Somalian citizen is granted where: 1) petitioner did not waive her asylum claim under the fugitive disentitlement doctrine when she departed in compliance with IJ and BIA order and her pursuit of legal remedies while in Canada does not frustrate execution of judgment; 2) female genital mutilation rises to level of persecution and was performed on account of her gender and thus sge satisfied burden of showing past persecution; 3) the BIA failed to shift the burden of proof to the government to show that a change of conditions eliminated petitioner's fear of future persecution; and 4) necessarily, a derivative asylum claim required a remand. Read more...

U.S. 8th Circuit Court of Appeals, May 09, 2007
US v. Torres-Villalobos, No. 06-1876
Warrants of deportation are not "testimonial" evidence that implicate the Confrontation Clause of the Sixth Amendment. A conviction for illegal reentry after deportation is affirmed over a challenge to the admission of certain disputed evidence, but the sentence is vacated where defendant's prior conviction in Minnesota for second-degree manslaughter was not a "crime of violence" under 18 U.S.C. section 16, or an "aggravated felony" under section 1326(b). Read more...

U.S. 9th Circuit Court of Appeals, May 07, 2007
Lolong v. Gonzales, No. 03-72384
Where an IJ has previously determined that an alien is removable but grants cancellation of removal, a BIA decision to reverse the cancellation of removal reinstates the initial finding of removability, which, under the relevant statute, is effectively an order of removal for purposes of jurisdiction for review. Previous precedent to the contrary is overruled. On the merits, a petition for review of a decision denying Indonesian ethnic Chinese Christian petitioner's application for asylum and granting her voluntary departure is denied as substantial evidence supported the BIA's denial of her asylum claim. Read more...

U.S. 9th Circuit Court of Appeals, May 07, 2007
US v. Lopez, No. 05-50415
The offense of bringing an alien to the United States in violation of 8 U.S.C. section 1324(a)(2) is a continuing offense that terminates when the initial transporter who brings the alien to the United States drops off the alien at a location in this country. Any prior decisions adopting or suggesting a different rule are overruled. Read more...

U.S. 9th Circuit Court of Appeals, May 08, 2007
Juarez-Ramos v. Gonzales, No. 05-72472, 05-75364
An expedited removal order interrupts an alien's continuous physical presence in this country for purposes of cancellation of removal relief under 8 U.S.C. section 1229b(b)(1). Read more...

U.S. 9th Circuit Court of Appeals, May 08, 2007
US v. C.M., No. 05-50585
An adjudication of delinquency of a juvenile Mexican national for transporting illegal aliens and related counts is reversed, and the juvenile information dismissed, where: 1) the juvenile was deprived of his rights under the Juvenile Delinquency Act (JDA) to immediate notification and prompt arraignment, and to the advice and counsel of a responsible adult prior to interrogation; and 2) a resulting confession was highly prejudicial and should not have been used against him to initiate his proceedings. Read more...

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FindLaw Immigration Case Summaries - April 30-May 4, 2007

2007-05-04T18:55:00.000-05:00

April 30-May 04, 2007

IMMIGRATION LAW CASES

• Mahmoud v. Gonzales
• US v. Yu
• Lubale v. Gonzales
• Hamilton v. Gonzales
• Sosa-Valenzuela v. Gonzales

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U.S. 1st Circuit Court of Appeals, May 04, 2007
Mahmoud v. Gonzales, No. 06-1369
Petition for review of a denial of a motion to reopen removal proceedings and adjust petitioner's status after his marriage to a U.S. citizen is denied where the IJ's discretionary denial of the request for adjustment of status was neither irrational nor arbitrary. Read more...

U.S. 8th Circuit Court of Appeals, May 02, 2007
US v. Yu, No. 06-1273
A conviction and sentence for conspiracy to transport illegal aliens and conspiracy to launder money is affirmed over claims that: 1) the court erred in denying a suppression motion; 2) the prosecutor engaged in misconduct; 3) the court should have held a competency hearing; and 4) his sentence is unreasonable. Read more...

U.S. 8th Circuit Court of Appeals, May 02, 2007
Lubale v. Gonzales, No. 06-3540
A petition for review of a denial of a motion to reconsider arising from a denial of an application for asylum and related relief is affirmed over claims that: 1) the fact that his wife had a stillborn son constituted exceptional circumstances for a failure to depart voluntarily; and 2) his counsel's failure to file the motion to reopen prior to the expiration of the voluntary departure period amounts to ineffective assistance in violation of due process. Read more...

U.S. 10th Circuit Court of Appeals, May 01, 2007
Hamilton v. Gonzales, No. 05-9560
An appeal from a decision by the Bureau of Immigration Appeals (BIA) affirming the revocation of an immigrant visa is dismissed as the circuit court lacks jurisdiction to review a visa revocation decision. Read more...

U.S. 10th Circuit Court of Appeals, May 01, 2007
Sosa-Valenzuela v. Gonzales, No. 05-9582
For purposes of appellate jurisdiction under 8 U.S.C. section 1252(a)(1) and section 1101(a)(47)(A): 1) an immigration judge must first either issue an order of removal or make a finding of deportability to confer the circuit court with appellate jurisdiction; and 2) the BIA does not have the independent statutory authority to issue an order of removal in the first instance. Read more...

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FindLaw Immigration Case Summaries - December 18-December 22, 2006

2006-12-22T19:36:00.000-06:00

Immigration Law

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December 18-22, 2006

Weekly Opinion Summaries

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   * Chreng v. Gonzales
   * US v. Simo-Lopez
   * Kellici v. Gonzales
   * Dababneh v. Gonzales
   * Habchy v. Gonzales
   * Zhuang v. Gonzales
   * Ebrahim v. Gonzales
   * Rafaelano v. Wilson
   * Ruiz v. U.S. Attorney Gen.
   * US v. Olivares

U.S. 1st Circuit Court of Appeals

Chreng v. Gonzales (12/20/06 - No. 06-1481)
Petition for review of an order dismissing petitioner's appeal of the denial of his applications for asylum and withholding of removal is denied where the government successfully rebutted petitioner's asylum claim by making a showing of changed circumstances in his native Cambodia, and petitioner did not show the existence of new sources of possible persecution.
[To view the full-text of cases you must sign in to FindLaw.com.] http://laws.lp.findlaw.com/1st/061481.html

US v. Simo-Lopez (12/22/06 - No. 05-2656)
Sentence for unlawful reentry into the US and unlawful use of false identification is vacated and remanded where a battery conviction considered a felony for enhancement purposes by the sentencing judge was, under Puerto Rico law, actually a misdemeanor.
[To view the full-text of cases you must sign in to FindLaw.com.] http://laws.lp.findlaw.com/1st/052656.html

U.S. 6th Circuit Court of Appeals

Kellici v. Gonzales (12/21/06 - No. 05-3851, 05-3852)
An alien's habeas petition does not necessarily challenge the merits of the underlying administrative order of removal for purposes of jurisdiction under the REAL ID Act. In immigration proceedings, the government's motion to dismiss petitions for writs of habeas corpus brought by Albanian immigrants is granted and the matter remanded where the transfer of the cases from the district court to the circuit court was not authorized by the REAL ID Act.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/6th/053851p.pdf

U.S. 7th Circuit Court of Appeals

Dababneh v. Gonzales (12/20/06 - No. 05-4001)
Petition for review of denial of motion to terminate proceedings alleging that the Notice to Appear was defective is denied where the Department of Homeland Security may indicate in the NTA that it will give the alien subsequent notice of the precise time and place of the hearing once it files the NTA with the appropriate immigration court.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/7th/054001p.pdf

U.S. 8th Circuit Court of Appeals

Habchy v. Gonzales (12/20/06 - No. 05-3078)
A petition, brought by a native and citizen of Lebanon claiming persecution at the hands of Hizballah, for review of denial of asylum relief is denied over claims that: 1) the BIA erred in affirming denial of his motion to reconsider an IJ's decision, in which the IJ refused to reopen a removal order on the basis of ineffective assistance of counsel; and 2) the BIA erred in refusing to reopen his case on the basis of changed country conditions in Lebanon between 2000 and 2003.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/8th/053078p.pdf

Zhuang v. Gonzales (12/22/06 - No. 05-4131)
Petition for review of a decision denying Chinese citizen asylum and related relief, involving China's one-child policy and his ex-wife's sterilization, is denied where: 1) the court lacked jurisdiction to address a due process claim; 2) the immigration judge's credibility findings were supported by reasonable, substantial, and probative evidence; 3) petitioner did not prove ex-wife's sterilization was forced, for asylum purposes; and 4) withholding and Convention Against Torture claims also failed.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/8th/054131p.pdf

Ebrahim v. Gonzales (12/22/06 - No. 05-4433)
The court is without jurisdiction to review petitions for review of a denial of a waiver under 8 U.S.C. section 1186a(c)(4) because the question of whether a marriage has been entered into in "good faith" is a matter within the unreviewable discretion of the Attorney General.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/8th/054433p.pdf

U.S. 9th Circuit Court of Appeals

Rafaelano v. Wilson (12/20/06 - No. 05-35025)
A petition for review brought by an individual claiming that the government was seeking to expel her from the U.S. without a valid order of deportation is granted and the matter transferred to the BIA where the transfer was necessary in order to determine whether a 1995 order became an effective order of deportation because petitioner failed to depart the U.S. on or before September 21, 1996.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/9th/0535025p.pdf

U.S. 11th Circuit Court of Appeals

Ruiz v. U.S. Attorney Gen. (12/21/06 - No. 05-15875)
As petitioner application for asylum was filed 21 days after the one-year deadline, the court lacks jurisdiction to review the denial of asylum application. However, request for reconsideration of denial of request for withholding of removal is granted as petitioner's kidnapping, physical assaults, and threatening phone calls rise to the level of persecution.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/11th/0515875p.pdf

U.S. District of Columbia Circuit Court of Appeals

US v. Olivares (12/19/06 - No. 05-3058)
57-month sentence, followed by 3 years' supervised release and payment of restitution, based on guilty plea to conspiracy to commit armed bank robbery, is affirmed over claims that the district court erred in denying defendant's request for a downward adjustment under Sentencing Guidelines section 3B1.2 because of his minimal role in the conspiracy and in denying a downward departure because he was an alien facing deportation.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/dc/053058a.pdf

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Simple possession not an aggravated felony. SCOTUS.

2006-12-05T12:35:00.000-06:00

Today the Supreme Court of the United States decided that a state felony conviction for drug possession is not an aggravated felony unless it would be a felony under federal law. In this case the offense of possession would have only been a misdemeanor under federal law and was not akin to “trafficking” which is an aggravated felony under the Immigration and Nationality Act.

Though a conviction may still be a controlled substance violation, this decision means that remedies to removal such as “Cancellation of Removal” and “Voluntary Departure” are again on the table.

The decision can be found here.

USCIS loses tens of thousands of files

2006-11-29T17:24:00.000-06:00

The USCIS may not be the best organized government agency on the planet. There was a bit of a scandal about the intentional destruction of files that were backlogged if I recall correctly.

Now it's been discovered that they lost over 100000 files of naturalization applicants. I wonder how many non-natz cases they've lost. Considering that it's happened to more than one client of mine, I'm guessing it's lots. The agency which has gone through numerous name changes since 9/11 really needs a top to bottom overhaul and some modernization to deal with the millions of cases that they handle a year.
More on the USCIS here

Undocumented Immigrants use little healthcare resources

2006-11-22T11:03:00.000-06:00

According to a new study by the Rand corporation, undocumented immigrants use relatively little health care resources, in part because they are generally healthier than their American counterparts.

See more <a href="http://rand.org/news/press.06/11.14.html">here.</a>

Immigrants may be taken, tortured, and detained forever.

2006-11-14T10:50:00.000-06:00

Utilizing the recently signed Military Commisions Act, the Bush
administration is making the claim that immigrants can be taken from US soil
and deprived of all rights. Ali Saleh Kahlah Al-Marri, was arrested in 2001
while studying in the US. He has been labeled an "enemy combatant" and is
being detained. The label can't be challenged in court and neither can his
detention, according to a reading of the MCA. His lawyers are arguing that
the lack of judicial review is unconstitional.

This is another good reason to become a US Citizen as soon as you possibly
can.

Immigration Issues help Democrats with the House and the Senate

2006-11-11T08:22:00.000-06:00

As the fastest growing group in the United States the Latino vote must be considered when policy issues are on the table. Legislation such as HR4437 that makes everyone who assists any undocumented person or person who overstayed their visa a felon (which would include family, clergy, lawyers) is so xenophobic (as were many of the GOP campaigns this year) and clearly devastating to mixed-status families that there will most certainly be a backlash.

When I went to the immigration marches the main focus was on advocating for a sensible immigration bill and stopping such HR4437. With the takeover of the House by Democrats I predict that HR4437 is now dead. It looks America, with the help of the Latino vote, is moving towards a sensible immigration strategy. I doubt it will be perfect but it will certainly be better than what was proposed in the House.

GOP stance on immigration helps Dems win Latino voters

2006-11-10T09:00:00.000-06:00

I said it in forums other than here; the GOP stance on immigration was going to hurt or doom their party for many years. I expected it to take a generation or so to catch up with them but it appears that it has already started. In the 2006, midterm elections the Latino vote went heavily for Democrats while being just about evenly split in the 2004 elections.

As the fastest growing group in the United States the Latino vote must be considered when policy issues are on the table. Legislation such as HR4437 that makes everyone who assists any undocumented person or person who overstayed their visa a felon (which would include family, clergy, lawyers) is so xenophobic (as were many of the GOP campaigns this year) and clearly devastating to mixed-status families that there will most certainly be a backlash.

When I went to the immigration marches the main focus was on advocating for a sensible immigration bill and stopping such HR4437. With the takeover of the House by Democrats I predict that HR4437 is now dead. It looks America, with the help of the Latino vote, is moving towards a sensible immigration strategy. I doubt it will be perfect but it will certainly be better than what was proposed in the House.

Immigrants Rights Groups Sue over city policy

2006-11-04T11:37:00.000-06:00

ESCONDIDO, California (Reuters) - U.S. rights groups filed a federal lawsuit
on Friday seeking to overturn an ordinance in the southern California city
of Escondido that prevents landlords from renting homes to illegal
immigrants.

The Mexican American Legal Defense and Educational Fund and the American
Civil Liberties Union's San Diego chapter led five other organizations in
the suit against the city, located 50 miles north of the border with Mexico.

The suit was filed in U.S. District Court in San Diego to challenge a
measure, passed 3-2 last month by councilors in this prosperous commuter
city, that would prevent landlords to prove the legal immigration status of
tenants.

More about this immigration matter here

TN NAFTA - Location Location Location

2006-11-02T23:27:00.000-06:00

The ease of entry for Canadians seeking TN status through a US employer is inconsistent at best. I've heard stories of a quick and pain free entry from my clients but I've also been involved in terrible battles just to get a clearly TN qualified person into the US to work in a clearly TN qualified position. The real problem seems to be an anti-immigrant (even temporary) sentiment expressed by many officers.

If you are going to attemp to enter as a TN, it pays to do as much research online about your possible entry points as you can. At times online forums will be sharing information about what entry point has the most reasonable (relatively) officers working as well as the best time to appear for admission.

If you can't find anything online, contact an immigration attorney (if you didn't use one to prep the TN petition - which you should have) and see if you can get some advice.

Lawful Permanent Residents - Green card holders. Maps of geographic distribution.

2006-11-02T23:10:00.000-06:00

Interesting maps showing the distribution of permanent residents and naturalized citizens in the US.

here and here.

Increases in USCIS filing fees ($800 naturalization fee!) and burdensome procedures ahead

2006-10-29T13:58:00.000-06:00

The cost of citizenship may go up

Immigrant advocacy groups are decrying an array of proposed federal
measures, including application fee increases and online filing
requirements, that they fear will sharply reduce the ability of some legal
immigrants to become U.S. citizens.

More here.

Importance of the Democrats winning the House of Representatives

2006-10-28T21:52:00.000-05:00

The midterm elections are extraordinarily important this time around. For a variety of reasons, not the least of which being immigration reform, it is very important that the Democrats win the House this year. The Republican controlled House of Representatives has approached immigration with an eye on enforcement only. The more balanced and thoughtful Senate has proposed a more comprehensive immigration initiative. Should the Democrats end up with a majority of seats in the House it is very likely that they will agree with their colleagues in the Senate that a more comprehensive immigration plan is better for the country. This would probably mean that many undocumented individuals and families would be able to start on the path to permanent residency and then citizenship.

The basic hurdles are likely to be time spent in the US, good moral character issues, and security issues. It’s important that undocumented individuals be prepared to show how long they have been in the United States using whatever means they have necessary. It would be smart to start the process of collecting documentation showing residence and family ties now in anticipation of the Democrats taking the House this fall as there is no telling what sort of application deadlines the Congress will set to take advantage of whatever relief they offer.

USCIS Announces Filing Change for Form I-539 Application for Extension/Change of Nonimmigrant Status for the Purpose of Student Reinstatement

2006-10-28T21:21:00.000-05:00

Beginning October 30, 2006, local USCIS offices will forward any new filings for Form I-539, Application to Extend/Change Nonimmigrant Status, for F-1 and M-1 student reinstatement, to the California Service Center or the Vermont Service Center, depending on where the student is engaged in academic or vocational study. More here

Increased immigration will help the US

2006-10-27T20:34:00.000-05:00

Federal Reserve Chairman Bob Bernanke believes that immigration will assist in offsetting the imminent economic problems facing the United States due to the aging workforce. The current rate of immigration is insufficient to completely offset the problem and at least a three-fold increase in immigration is necessary if immigration alone were to be the solution to the problem.

More here.

Don't forget your passport.

2006-10-25T11:21:00.000-05:00

As of January everyone flying into the US will need a passport no matter where they are from. Yes that includes you Canadians!

Don't forget your passport or you'll have a very short stay in the US. Limited to seeing the airport and some nice government officials is my guess.

In 2008 you'll need one to drive or float in as well.

More here.

Council on Foreign Relations Article on Immigration Policy

2006-10-24T20:26:00.000-05:00

Summary: The United States is far less divided on immigration than the current debate would suggest. An overwhelming majority of Americans want a combination of tougher enforcement and earned citizenship for the 12 million illegal immigrants in the country. Washington's challenge is to translate this consensus into sound legislation that will start to repair the nation's broken immigration system.

More here.

US Immigration News

2006-10-24T16:07:00.000-05:00

US Immigration is a rapidly shifting area of the law in which political and practical concerns play out in a way not seen in other areas of the law.

This blog will attempt to keep readers informed of shifts in immigration laws as well as potential changes in laws and policy.

US Immigration News

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FindLaw Immigration Case Summaries - July 02-July 6, 2007

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FindLaw Immigration Case Summaries - June 25-June 29, 2007

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FindLaw Immigration Case Summaries - June 18-June 22, 2007

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FindLaw Immigration Case Summaries - June 11-June 15, 2007

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FindLaw Immigration Case Summaries - May 28-June 1, 2007

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FindLaw Immigration Case Summaries - May 21-May 25, 2007

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FindLaw Immigration Case Summaries - May 14-May 18, 2007

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FindLaw Immigration Case Summaries - May 07-May 11, 2007

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FindLaw Immigration Case Summaries - April 30-May 4, 2007

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FindLaw Immigration Case Summaries - December 18-December 22, 2006

Simple possession not an aggravated felony. SCOTUS.

USCIS loses tens of thousands of files

Undocumented Immigrants use little healthcare resources

Immigrants may be taken, tortured, and detained forever.

Immigration Issues help Democrats with the House and the Senate

GOP stance on immigration helps Dems win Latino voters

Immigrants Rights Groups Sue over city policy

TN NAFTA - Location Location Location

Lawful Permanent Residents - Green card holders. Maps of geographic distribution.

Increases in USCIS filing fees ($800 naturalization fee!) and burdensome procedures ahead

Importance of the Democrats winning the House of Representatives

USCIS Announces Filing Change for Form I-539 Application for Extension/Change of Nonimmigrant Status for the Purpose of Student Reinstatement

Increased immigration will help the US

Don't forget your passport.

Council on Foreign Relations Article on Immigration Policy

US Immigration News