|
|
|
Issue Briefs and Other Resources |
|
 |
Administration
Announces Harsh New Immigration Measures (article) and
List of announced measures:
"Improving Border Security and Immigration Within Existing Law"
(Depts. of Homeland Security & Commerce, 8/10/07) |
| |
|
|
Immigrants' Rights Update Articles
(back
to IRU index) |
|
|
Reynoso-Lopez v. Ashcroft | 3rd Circuit: Court of
Appeals Lacks Authority to Reinstate and Extend Voluntary Departure
(6/18/04) |
|
|
Cazarez-Gutierrez v. Ashcroft | 9th Circuit withdraws opinion in
Cazarez-Gutierrez v. Ashcroft (5/13/04) |
|
|
Desta v. Ashcroft |
9th Circuit: Motion for
Stay of Removal Treated as Motion for Stay of Voluntary Departure
(5/20/04) |
|
|
Cazarez-Gutierrez
v. Ashcroft | 9th Circuit Overturns
BIA Finding That State Conviction for Simple Drug Possession Is "Aggravated
Felony" (2/17/04) (Posted
under "Removal Issues Concerning Criminal Convictions") |
|
|
Haoud v. Ashcroft | 1st Circuit Overturns BIA "Affirmance Without Opinion" (12/18/03) (Posted
under "Removal Procedures and Defenses") |
|
|
Nwakanma
v. Ashcroft, Villanueva v. Ashcroft | 6th
and 9th Circuits Rule on Courts' Authority to Stay Voluntary Departure
Period Pending Appeal (12/18/03) (Posted under "Removal
Procedures and Defenses") |
|
|
United
States v. Lucio-Lucio | 10th
Circuit Finds DWI Offense Not a "Crime of Violence" Aggravated Felony
(11/24/03) (Posted
under "Removal Issues Concerning Criminal Convictions")
|
|
|
United States v. Ubaldo-Figueroa | 9th
Circuit Reverses Illegal Reentry Conviction Based on Due Process and Retroactivity
Principles
(11/24/03) (Posted under "Removal Issues Concerning Criminal Convictions")
|
|
|
Ali Ali v. Ashcroft |
9th
Circuit Upholds Nationwide Injunction of Removals to Somalia (10/21/03)
(Posted under "Removal Procedures and Defenses") |
|
|
El
Himri v. Ashcroft | 9th
Circuit Rules Court Can Stay the Period for Voluntary Departure Pending
Review of a Removal Order
(10/21/03) (Posted under "Removal Procedures and Defenses") |
|
|
Hernandez
v. Ashcroft |
9th
Circuit Overturns BIA Denial of VAWA Suspension Based on Narrow Interpretation
of "Extreme Cruelty" (10/21/03) (Posted
under "Removal Procedures and Defenses") |
|
|
Ogbudimkpa v. Ashcroft
|
3rd Circuit Finds CAT Denial Reviewable
by Habeas Petition (10/21/03) (Posted under "Removal Procedures
and Defenses") |
|
|
Armentero
v. INS |
9th
Circuit Rules That AG and DHS Secretary Are Proper Respondents for Habeas
Petition Challenging Immigration Detention (9/4/03) (posted under
"Arrest & Detention") |
|
|
Falcon Carriche v.
Ashcroft |
9th
Circuit Rules BIA "Streamlining" Procedures Constitutional (9/4/03)
(posted under "Removal Procedures and Defenses") |
|
|
Khodagholian v. Ashcroft
|
9th
Circuit Overturns BIA Finding That LPR Abandoned Status (9/4/03) (posted
under "Removal Procedures and Defenses") |
|
|
Alvarez-Santos v. INS
|
9th
Circuit Finds Criminal Bar to Appellate Jurisdiction Applies Only Where
Removal Order Is Based on Criminal Ground (7/15/03) (posted under
"Removal Issues Concerning Criminal Convictions") |
|
|
Center for National
Security Studies v. U.S. Department of Justice |
DC
Circuit Rules Government Properly Withheld Names and Information Concerning
Post-9/11 Detainees (7/15/03) (posted under "Arrest & Detention") |
|
|
Perdomo-Padilla
v. Ashcroft |
9th
Circuit Finds Filing Naturalization Application Does Not Establish Acquisition
of U.S. Nationality (7/15/03) (posted under "Naturalization &
Citizenship") |
|
|
Toia v. Fasano |
9th
Circuit Finds 1990 Act's Bar to 212(c) Relief for Certain Aggravated Felons
Not Applicable to Those Who Pled Guilty before the Bar's Enactment
(7/15/03) (posted under "Removal Issues Concerning Criminal Convictions") |
|
|
Zheng v. Ashcroft |
9th
Circuit Strikes Down BIA's Strict Interpretation of Acquiescence under
the Convention Against Torture (7/15/03) (posted under "Asylum,
Refugee & Other Protected Statuses") |
|
|
Romero-Torres
v. Ashcroft |
9th Circuit Finds No Jurisdiction
to Review BIA's Determination That Cancellation Hardship Requirement Not
Met (6/3/03) |
|
|
Murillo-Salmeron v. INS
| 9th
Circuit Reverses BIA Decision Upholding IJ Decision on Erroneous Grounds
(6/3/03) |
|
|
Ramirez-Alejandre v. Ashcroft
| 9th Circuit Rules BIA's Failure
to Consider Post-Hearing Evidence Violated
Due Process (6/3/03) |
|
|
Ramirez-Alejandre v. Ashcroft
|
9th
Circuit Rules BIA Violated Due Process by Refusing to Consider New Evidence
on Appeal (4/8/03) (posted under "Removal Procedures and Defenses") |
|
|
Rosales-Garcia v. Holland
| 6th
Circuit Finds Indefinite Detention of Inadmissible Noncitizens Unlawful
(4/8/03) (posted under "Arrest and Detention") |
|
|
Salta v. INS |
9th
Circuit Remands Motion to Reopen in Absentia Hearing under IIRIRA
(4/8/03) (posted under "Removal Procedures and Defenses") |
|
|
Zazueta-Carrillo v. Ashcroft
|
9th
Circuit Finds Filing of Petition for Review Does Not Suspend Deadline
for Voluntary Departure Granted by BIA (4/8/03) (posted under "Removal
Procedures and Defenses") |
|
|
Ali Ali v. Ashcroft:
District
Court Enjoins Removals to Somalia (2/21/03) (posted under "Removal
Procedures and Defenses") |
|
|
U.S. v. Veerapol:
9th
Circuit Affirms Involuntary Servitude Conviction (2/21/03) (posted
under "Obtaining Lawful Permanent Residence Status") |
|
|
Ali Ali v. Ashcroft:
District
Court Enjoins Removals to Somalia (12/23/02) (posted under "Removal
Procedures and Defenses") |
|
|
Cano-Merida v. INS:
9th Circuit
Finds That IJ Violated Due Process by Denying a Respondent Opportunity
to Present Evidence (12/23/02) |
|
|
Doan v. Ins:
9th
Circuit Rules INS Can Require Bond to Ensure Compliance with an Order
of Supervision (12/23/02) (posted under "Removal Procedures and
Defenses") |
|
|
Dobrota v. INS:
9th
Circuit Finds Failure to Serve Notice of Hearing on Attorney Violates
Due Process (12/23/02) (posted under "Removal Procedures and
Defenses") |
|
|
Mohammed
v. Reno:
2d Circuit Finds
Stay of Removal Pending Review of Habeas Appeal Not Subject to Heightened
Standard, but AEDPA Restrictions on 212(c) Relief Apply to Post-AEDPA
Conviction Based on Pre-AEDPA Conduct (11/22/02) (posted under "Removal
Issues Concerning Criminal Convictions") |
|
|
Abassi v. INS:
9th Circuit
Finds BIA Must Review State Dept. Country Reports Cited by Pro Se Applicant
Seeking Reopening for CAT Relief (10/21/02) (posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Ekimian
v. INS:
Ninth Circuit Finds
No Jurisdiction to Review BIA Refusal to Reopen Deportation Proceedings Sua Sponte (10/21/02) (posted under "Removal Procedures
and Defenses") |
|
|
Rosciano v. Sonchik:
District
Court Grants Habeas Petition to Prevent Life-Threatening Removal (10/21/02)
(posted under "Removal Issues Concerning Criminal Convictions")
|
|
|
Gutierrez-Chavez v. INS:
9th
Circuit Rules Habeas Jurisdiction Not Available to Review Challenges to
BIA Exercise of Discretion (9/10/02) (posted under "Removal Issues
Concerning Criminal Convictions") |
|
|
Paramasamy v. Ashcroft:
9th
Circuit Remands Case Due to IJ's Boilerplate Credibility Findings
(9/10/02) (posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Xi
v. INS:
9th Circuit Rules Indefinite
Detention of Inadmissible Noncitizen Unlawful (9/10/02) (posted under
"Arrest and Detention") |
|
|
Armendariz-Montoya v. Sonchik:
9th
Circuit Finds AEDPA Restrictions on 212(c) Relief Apply to LPR With Pre-AEDPA
Conviction after Trial (7/15/02)
(posted under "Removal Issues Concerning Criminal Convictions")
|
|
|
Ashcroft v. North Jersey Media Group:
Supreme
Court Stays Injunction of Closed Immigration Hearings (7/15/02) (posted
under "Removal
Procedures and Defenses") |
|
|
Maharaj v. Ashcroft:
9th
Circuit Rules That Heightened Injunction Standard Not Applicable to Stay
Pending Court's Review of Habeas Denial (7/15/02) (posted
under "Removal
Procedures and Defenses") |
|
|
9th
Circuit Issues General Order Re: Issuing Stays in Petitions for Review
(7/15/02) (posted under
"Removal Procedures and Defenses") |
|
|
U.S. v. Corona-Sanchez:
9th
Circuit Rules That a Sentence Enhancement for Recidivism Does Not Count
Towards the One-Year Sentence Requirement for an "Aggravated Felony" Theft
Conviction (7/15/02) (posted under "Removal Issues Concerning
Criminal Convictions") |
|
|
Weng v. U.S. Attorney General:
11th
Circuit Finds Heightened Injunction Standard Applies to Stays of Removal
Pending Direct Judicial Review (7/15/02) (posted
under "Removal
Procedures and Defenses") |
|
|
3d Circuit: Unless BIA
Remand Is Expressly Limited, IJ Has Jurisdiction to Grant Any Relief for
Which Respondent Is Eligible (Johnson v. Ashcroft) (5/30/02)
(posted under
"Removal Procedures and Defenses") |
|
|
Vargas-Garcia v. INS:
9th
Circuit Finds BIA Summary Dismissal of Appeal Violates Due Process Because
of Misleading Appeal Form and Lack of Notice (5/30/02) (posted
under "Removal
Procedures and Defenses") |
|
|
Gerbier v. Holmes:
3d
Circuit Finds Delaware Felony Drug Possession Not an Aggravated Felony
(4/12/02) (posted under "Removal Issues Concerning Criminal Convictions") |
|
|
Papa v. INS:
9th Circuit
Finds Longer Statute of Limitations Applicable in International Law Case
(4/12/02) (posted under "Arrest and Detention") |
|
|
Rodriguez-Lariz, Guevara-Martinez v. INS:
9th
Circuit Overturns BIA Denial of Second Motion to Reopen Due to Ineffective
Assistance of Counsel (4/12/02) (posted
under "Removal
Procedures and Defenses") |
|
|
Montero-Martinez v. Ashcroft:
9th
Circuit Overrules Earlier Decision to Find Jurisdiction Over Issues of
Eligibility for Discretionary Relief from Removal (2/28/02) (posted
under "Removal
Procedures and Defenses") |
|
|
Socop-Gonzalez v. INS:
9th
Circuit Issues En Banc Decision Finding the Deadline for Motions to Reopen
Deportation Proceedings Is Subject to Equitable Tolling (2/28/02)
(posted under
"Removal Procedures and Defenses")
|
|
|
U.S. v. Portillo-Mendoza, Montiel-Barraza v. INS:
9th
Circuit Rules That Felony Conviction for DUI with Prior Violations Is
Not an Aggravated Felony (2/28/02) (posted under "Removal Issues
Concerning Criminal Convictions") |
|
|
Valansi v. Ashcroft:
3d
Circuit Finds Embezzlement Conviction Not an Aggravated Felony (2/28/02)
(posted under "Removal Issues Concerning Criminal Convictions")
|
|
|
Al-Saher v. INS:
9th Circuit
Reverses BIA's Denial of Convention Against Torture Claim (12/20/01)
(posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Alvarenga-Villalobos v. Ashcroft:
9th
Circuit Rules Reinstatement Statute Bars Challenge to Prior Deportation
Order That Was Based on Retroactive Application of AEDPA (12/20/01)
(posted under
"Removal Procedures and Defenses") |
|
|
Bejjani v. INS:
6th
Circuit Rules Reinstatement of Removal Not Applicable Where Reentry Occurred
Prior to April 1, 1997 (12/20/01) (posted under "Removal Procedures
and Defenses") |
|
|
Finau v. INS:
9th
Circuit Rules LPR Contesting Deportability Not Eligible for 212(h) Waiver
(12/20/01) (note: this opinion has been withdrawn by Finau v. INS, 277 F.3d 1150 (9th Cir. Feb. 22, 2002) |
|
|
Yeboah v. INS:
PA
District Court Denies INS Motion to Dismiss Review of Agency's Refusal
to Consent in Special Immigrant Juvenile Case (12/20/01) (posted under
"Obtaining Lawful Permanent Residence Status") |
|
|
Aguirre-Cervantez v. INS:
9th
Circuit Grants En Banc Review of Domestic Violence Asylum Case (11/16/01)
(posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Francis v. Reno:
3d
Circuit Rules State Misdemeanor Conviction for Vehicular Homicide Not
a "Crime of Violence" Aggravated Felony (11/16/01) (posted under "Removal
Issues Concerning Criminal Convictions") |
|
|
Gallo-Alvarez v. Ashcroft:
9th
Circuit Finds INS Can Reinstate Removal Order after Voluntary Departure;
Transfers Case to District Court to Resolve Factual Issues (11/16/01)
(posted under "Removal Procedures
and Defenses") |
|
|
Otarola v. INS:
9th
Circuit Orders BIA to Adjudicate Suspension Case under Pre-IIRIRA Law
Where IJ Properly Granted Suspension and INS Appeal Was Meritless
(11/16/01) (posted under "Removal
Procedures and Defenses") |
|
|
Zhao v. Reno:
2d Circuit
Finds BIA Abused Discretion, Remands "One Child Policy" Asylum Case
(11/16/01) (posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Lal v. INS:
9th Circuit Rejects
BIA's Requirement That Applicants for Humanitarian Exception in Asylum
Cases Must Show Ongoing Disability (10/8/01) |
|
|
Meng Li v. Eddy:
9th Circuit Dismisses
Habeas Petition Challenging Expedited Removal (10/8/01) |
|
|
Andreiu v. Ashcroft:
9th Circuit
Holds That IIRIRA Did Not Modify the Standard for a Stay of Removal
(8/31/01) |
|
|
INS v. St. Cyr; Calcano-Martinez v. INS:
Supreme
Court Upholds Habeas Jurisdiction, Finds 212(c) Relief Still Available
to Certain Immigrants in Removal Proceedings (8/31/01) |
|
|
Zadvydas v. Davis, et al.:
Supreme
Court Holds That INA Does Not Authorize Indefinite Detention (8/31/01) |
|
|
Aguirre-Cervantes v. INS:
9th
Circuit Grants Withholding to Woman Who Was Abused by Father (5/10/01)
(posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Guadalupe-Cruz v. INS:
9th
Circuit Overturns Premature Application of "Stop-Time Rule" (3/29/01)
(posted under "Removal Procedures
and Defenses") |
|
|
Khan v. INS:
9th Circuit
Overturns Asylum Denial Based on Lack of Authenticated Documents (3/29/01)
(posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
U.S. v. Chapa-Garza:
5th
Circuit Holds That Texas Felony DWI Is Not a Crime of Violence (3/29/01)
(posted under "Removal Issues Concerning Criminal Convictions")
|
|
|
Barahona-Gomez, et al. v. Reno, et al.:
9th
Circuit Affirms Preliminary Injunction in Class Action Case for Suspension
Applicants (2/28/01) (posted under
"Removal Procedures and Defenses") |
|
|
Castro-Cortez v. INS:
9th
Circuit Rules on Reinstatement of Removal (2/28/01) (posted
under "Removal Procedures and Defenses") |
|
|
Kataria v. INS:
Ninth
Circuit Reverses Asylum Denial Based on Lack of Corroborating Evidence
(12/27/00) (posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
CSS v. INS:
Ninth Circuit Issues New Opinion in
Amnesty Case, Allowing Thousands to Proceed with Claims (12/27/00)
(posted under "Obtaining Lawful Permanent Residence Status") |
|
|
Boz v. U.S.:
11th Circuit Rules IIRIRA Permanent
Rules Do Not Preclude Habeas Challenge to Detention under Final Order
(11/28/00) (posted under "Arrest and Detention") |
|
|
Cardenas-Uriarte v. INS: 9th
Circuit Rules Expungement Bars Use of Conviction for Drug Paraphernalia
Possession in Deportation Case (11/28/00) (posted
under "Removal Issues Concerning Criminal Convictions") |
|
|
Diallo v. INS:
2d Circuit Rules BIA Required Too
Much Corroborating Evidence for Asylum Claim, Overturning Matter of
M-D- (11/28/00) (posted under "Asylum, Refugee, and
Other Protected Statuses") |
|
|
Alberto-Gonzalez v. INS: 9th Circuit Finds Aggravated Felony "Term
of Imprisonment" Requirement for Theft Offenses Refers to Actual
Sentence Imposed (7/26/00) (posted under "Removal Issues Concerning
Criminal Convictions") |
|
|
Balbir Singh v. INS: BIA Improperly Applied New Evidentiary
Standard in Denying Motion to Reopen in Absentia Order (7/26/00) (posted
under "Removal Procedures and Defenses") |
|
|
Beltran-Tirado v. INS: 9th Circuit Finds Use of False SSN Not
a Crime of Moral Turpitude (7/26/00) (posted under "Removal Issues
Concerning Criminal Convictions") |
|
|
9th
Circuit:
BIA Erred in Rejecting Claim of
Ineffective Assistance of Counsel (Castillo-Perez v. INS) (6/6/00) |
|
|
9th Circuit:
IJ’s Failure to Develop Full Record in Asylum Case Violates Due Process
(Jacinto v. INS) (4/11/00) |
|
|
American Immigration Lawyers Assoc.
v. Reno: D.C. Circuit Rejects Challenge to Expedited Removal
(2/11/00) |
|
|
9th Circuit:
Adverse Credibility Findings Flawed in BIA Asylum Denial (Akinmade
v. INS) (12/28/99) |
|
|
7th Circuit:
BIA Erred in Not Giving Respondent Chance to Contest Designation of Country
of Deportation (Kuhai v. INS) (12/28/99) |
|
|
Gete v. INS:
District
Court in Seattle Enjoins INS Vehicle Forfeiture Procedures (8/30/99) |
|
|
9th
Circuit: Ineffective Assistance Tolls Deadline to File Motion to Reopen
in Absentia Deportation Order (Lopez v. INS) (8/30/99) (posted
under "Removal Procedures and Defenses") |
|
|
2d
Circuit: Woman Fearing Genital Mutilation Eligible for Asylum
(Abankwah v. INS) (8/30/99) (posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Fourth Circuit: Stowaway
Entitled to Asylum Hearing Before Immigration Judge (Selgeka v.
Carroll, et al.) (6/30/99) |
|
|
Ninth Circuit:
BIA Erred in Denying Asylum to Applicant Not Firmly Resettled in Third
Country (Andrisian v. INS) (6/30/99) (posted under "Asylum,
Refugee, and Other Protected Statuses") |
|
|
Ninth
Circuit: Denied Asylum Case Remanded for Failure to Consider Applicant's
Credibility (Briones v. INS) (5/28/99) |
|
|
Ninth
Circuit: Failure to Allow Asylum Applicant to Address Credibility
Issue Violates Due Process (Stoyanov v. INS) (5/28/99) |
|
|
Ninth
Circuit: Victim of Mixed-Motive Persecution Qualifies for Asylum
(Borja v. INS) (5/28/99) |
|
|
Jerezano v. INS:
Ninth Circuit Reverses Denial of Motion
to Reopen Asylum Proceedings Based on Applicant's Slight Tardiness
(4/30/99) (posted under "Removal Procedures and Defenses") |
|
|
Reno v. American-Arab Anti-Discrimination
Committee:
Supreme Court Rules Federal
Courts Lack Jurisdiction to Review AG Decisions to "Commence Proceedings,
Adjudicate Cases, or Execute Removal Orders" against Aliens (4/30/99) |
|
|
Campos-Sanchez v. INS:
Ninth Circuit Reverses BIA Denial of Asylum
That Was Based on Adverse Credibility Finding (3/3/99) |
