The Immigration Litigation Bulletin publishes and comments on immigration decisions issued by the federal courts, the Board of Immigration Appeals, and immigration courts.
Coming soon!
Immigration Litigation
Source: United States Department Of Justice
ADJUSTMENT
- Padilla-Caldera v. Holder, __ F.3d __, 2011 WL 856272 (10th Cir. Mar. 14, 2011) (holding that the BIA's determination in Matter of Briones -- that an alien who is inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I) is ineligible for § 1255(i) adjustment of status -- is a reasonable interpretation of ambiguous statutory provisions to which the court owes Chevron deference regardless of its prior interpretation)
- Matter of Sesay, 25 I.&N. 431
(BIA Mar. 17, 2011) (holding that a
fiancé(e) visa holder may be granted
adjustment of status under INA §§
245(a) and (d), even if the marriage
to the fiancé(e) visa petitioner does
not exist at the time that the adjustment
application is adjudicated, if
the applicant can demonstrate that
he or she entered into a bona fide
marriage to the fiancé(e) visa petitioner
within the 90-day period of
admission, provided that the requirements
of section 216 (conditional
resident status) do not apply)
ASYLUM
- Zahren v. Holder, __ F. 3d __, 2011 WL 798511 (7th Cir. Jan. 27, 2011) (granting rehearing petition and remanding to BIA in light of Jordan's refusal to accept petitioner (a native of Israel and citizen of Jordan), the need to update the record for changed country conditions, and the Court's concern regarding the weight the BIA gave to petitioner's evidence of persecution if removed to the West Bank)
- Ali v. Holder, __ F.3d __, 2011 WL 923412 (9th Cir. Mar. 18, 2011) (holding that substantial evidence did not support BIA's decision that past-persecution presumption was rebutted by 2004 country report where BIA did not provide an "individualized analysis" of "how the changed country conditions affect the alien's specific situation")
- Chen v. Att'y Gen. of United States, __ F.3d __, 2011 WL 923353 (3d Cir. Mar. 18, 2011) (affirming denial of asylum for failure to show wellfounded fear of sterilization or economic persecution in Fujian Province due to birth of two US children)
- Singh v. Holder, __ F.3d __, 2011 WL __ (9th Cir. Mar. 25, 2011) (pre- REAL ID case holding that substantial evidence supports adverse credibility finding and denial of asylum to Indian woman who admitted to lying twice to asylum officer about whereabouts of husband and whether he applied for asylum)
- Castaneda-Castillo v. Holder, __ F. 3d __, 2011 WL 1049777 (1st Cir. Mar. 24, 2011) (denying government's motion to remand to hold in abeyance pending extradition proceeding, in asylum case of Peruvian military officer claiming persecution by Shining Path for involvement in a civilian massacre during civil strife; vacating BIA's denial of asylum and remanding to decide if "Peruvian military officers whose names became associated with [a massacre]" are a PSG, and if so, whether Shining-Path revenge would be persecution on that account)
- Ni v. Holder, __ F. 3d __, 2011 WL 1086002 (7th Cir. Mar. 25, 2011) (affirming IJ's and BIA's denial of asylum to 38-year-old Chinese Christian man claiming past and future religious persecution, where applicant cannot claim "derivative persecution" based on parents' arrest and beating when he was a child)
- Dong v. Att'y Gen. of United States, __ F.3d __, 2011 WL 1086610 (3d Cir. Mar. 25, 2011) (pre-REAL ID Act corroboration case vacating IJ's and BIA's denial of asylum to Chinese woman for failure to reasonably corroborate claim of past forced abortion in 1997 that is inconsistent as to date with husband's asylum application and remanding for IJ to comply with Third Circuit's 3-part Abdulai corroboration rule)
- ciao