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Sample Weekly Opinion Summaries
Immigration Law

July 05-09, 2010 Weekly Immigration Law Newsletter
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Table of Contents

Immigration Law

  • Nako v. Holder
  • Toribo-Chavez v. Holder
  • Hakim v. Holder
  • Kang v. Attorney General
  • Leslie v. Attorney General
  • Japarkulova v. Holder
  • Umezurike v. Holder
  • US v. Munoz
  • Padilla-Romero v. Holder
  • Alvarado v. US Atty. Gen.

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Immigration Law

United States First Circuit, 07/07/2010
Nako v. Holder
A petition for review of a BIA's affirmance of IJ's denial of an Albanian family's request for asylum and related relief is denied where: 1) substantial evidence supported the BIA's and IJ's conclusion that fundamental changes in the Albanian political situation since 2001, when petitioner-father was last in Albania, rebutted the presumption that the father had a well-founded fear of future persecution by his Socialist Party adversaries; and 2) substantial evidence supported a conclusion that the evidence was insufficient for petitioner to make out a claim for CAT protection. Read more...

United States First Circuit, 07/08/2010
Toribo-Chavez v. Holder
A Mexican citizen's petition for review of the BIA's affirmance of an IJ's order of removal and a denial of his request for cancellation of removal is denied where: 1) there is substantial evidence to support the IJ's and BIA's finding that petitioner is removable, given the multiple marriage license and immigration forms that inaccurately reflected petitioner's marital history and children, as well his false testimony under oath that his current marriage was his first; and 2) the IJ's and BIA's denial of cancellation of removal is affirmed; and 3) petitioner has failed to establish any due process violation. Read more...

United States First Circuit, 07/09/2010
Hakim v. Holder
An Indonesian citizen's petition for review of the BIA's decision reversing a grant of applications for asylum and for withholding of removal is dismissed without prejudice as the petitioner filed a petition for judicial review before the IJ had been afforded the opportunity to determine his eligibility for voluntary departure, and if the court exercised jurisdiction in this case, it would be permitting petitioner to circumvent the voluntary departure regulation by allowing him to seek both voluntary departure and judicial review. Read more...

United States Third Circuit, 07/08/2010
Kang v. Attorney General
A Korean-Chinese citizen's petition for review of the BIA's order of removal is granted in part as, the BIA's reversal of the IJ, and determination that petitioner was not entitled to relief under CAT, was not supported by substantial evidence, but rather, the evidence compels the conclusion that it is more likely than not that petitioner will be tortured if returned to China, for providing food and shelter to North Korean refugees who had illegally entered China. Thus, the decision of the BIA is reversed and a remand is not necessary as the record evidence overwhelmingly supports the conclusion that the petition for withholding or removal under CAT should be granted. Read more...

United States Third Circuit, 07/08/2010
Leslie v. Attorney General
A Jamaican citizen's petition for review of a final order of removal of the BIA is granted and the BIA's decision vacated and remanded where: 1) when an agency promulgates a regulation protecting fundamental statutory or constitutional rights of parties appearing before it, the agency must comply with that regulation, and failure to comply will merit invalidation of the challenged agency action without regard to whether the alleged violation has substantially prejudiced the complaining party; 2) the IJ's failure to apprise petitioner of the availability of free legal services, as required under 8 C.F.R. section 1240.10(a)(2)-(3), renders invalid the subsequently entered removal order, without regard to petitioner's ability to demonstrate substantial prejudice. Read more...

United States Sixth Circuit, 07/08/2010
Japarkulova v. Holder
A Kyrgyz Republic's citizen's petition for review of the BIA's denial of her application for asylum is denied as, although the Board erred by failing to provide a reasoned explanation for its conclusion that petitioner did not experience past persecution based on her claims that she received death threats from the president's security minister, the error was harmless. Furthermore, substantial evidence supports the Board's conclusion that petitioner did not establish a well-founded fear of future persecution. Read more...

United States Seventh Circuit, 07/09/2010
Umezurike v. Holder
A Nigerian citizen's petition for review of the BIA's denial of his motion to reconsider its decision affirming the IJ's determination that the petitioner abandoned his opportunity to pursue asylum and related relief is denied as the immigration judge did not abuse her discretion in denying a continuance and finding that petitioner had abandoned his application for failure to comply with the fingerprinting requirements. Furthermore, petitioner's failure to timely file documentary evidence adds further support to the conclusion. Read more...

United States Seventh Circuit, 07/09/2010
US v. Munoz
In prosecutions of two defendants for participating in large document forgery operation known as the Leija Sanchez Organization, which provided false green cards, driver licenses, and social security numbers to illegal immigrants, district court's imposition of above-guidelines sentences for both defendants are affirmed and defendants' challenges to the substantive reasonableness of the sentences and other claims rejected. However, the district court's order mandating that one of the defendants participate in the Inmate Financial Responsibility Program is modified to make clear that participation in the program is voluntary. Read more...

United States Ninth Circuit, 07/09/2010
Padilla-Romero v. Holder
In a petition for review of the Board of Immigration Appeals (BIA) decision affirming the Immigration Judge's (IJ) decision holding petitioner statutorily ineligible for cancellation of removal, the petition is denied where the inclusion in8 U.S.C. section 1229b(b)(1)(A) of an express requirement that an alien's period of continuous physical presence be "immediately preceding" the application for cancellation of removal did not undermine the court of appeals' interpretation of section 1229b(a)(1), because that section, when read as a whole and in the context of the definition of "lawfully admitted for permanent residence," was sufficiently clear that such additional text would be superfluous. Read more...

United States Eleventh Circuit, 07/08/2010
Alvarado v. US Atty. Gen.
In a petition for review of the BIA's final order of removal affirming the Immigration Judge's (IJ) decision to deny petitioners the opportunity to apply for voluntary departure pursuant to Immigration and Nationality Act section 240B(b)(1), the petition is granted where the IJ and the BIA misinterpreted the phrase "at the conclusion of a proceeding" in a way that improperly denied petitioners the opportunity the statute provided them to request voluntary departure. Read more...
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