| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 09-71571 
 | 
Henriquez-Rivas v. Holder
 Asylum seeker establishes membership in ‘particular social group’ as person who testified in criminal trial against gang members involved in her father’s murder.  | 
Immigration | 
 | 
Feb. 14, 2013 | |
| 
 08-72258 
 | 
Correa-Rivera v. Holder
 Illegal alien does not need to prove he actually filed complaint with State Bar before making ineffective assistance of counsel claim.  | 
Immigration | 
 | 
Feb. 7, 2013 | |
| 
 08-71950 
 | 
Lopez-Vasquez v. Holder
 Alien’s conviction for felony possession of marijuana renders him inadmissible even though state trial court later designated his conviction as misdemeanor.  | 
Immigration | 
 | 
Feb. 4, 2013 | |
| 
 06-74884 
 | 
Barragan-Lopez v. Holder
 Alien is removable as aggravated felon because he was convicted of false imprisonment after using his daughter as shield to protect himself from arrest.  | 
Immigration | 
 | 
Jan. 30, 2013 | |
| 
 09-72059 
 | 
Carrillo de Palacios v. Holder
 Exception to inadmissibility, which allows aliens to seek readmission after 10 years since last departure, does not apply when alien failed to remain outside U.S. for over 10 years.  | 
Immigration | 
 | 
Jan. 29, 2013 | |
| 
 10-73298 
 | 
Alphonsus v. Holder
 Alien successfully seeks review of determination that his resisting arrest conviction was a ‘particularly serious crime,’ which would render him removable.  | 
Immigration | 
 | 
Jan. 21, 2013 | |
| 
 09-73756 
 | 
Castrijon-Garcia v. Holder
 Conviction for simple kidnapping does not render alien statutorily ineligible for cancellation of removal because crime does not categorically involve moral turpitude.  | 
Immigration | 
 | 
Jan. 9, 2013 | |
| 
 08-74331 
 | 
Rojas v. Holder
 Immigration judge may deny voluntary departure based on alien's admission to having sexual relations with minor because admission was probative of his undesirability.  | 
Immigration | 
 | 
Dec. 30, 2012 | |
| 
 11-16557 
 | 
Alocozy v. United States Citizenship and Immigration Services
 Legal resident’s conviction for assault with intent to commit rape renders him ineligible for citizenship because conviction prevents him from establishing good moral character.  | 
Immigration | 
 | 
Dec. 30, 2012 | |
| 
 08-72430 
 | 
Sanchez v. Holder
 Green card holder who confessed to bringing child into U.S. illegally is deportable because she failed to show her confession was coerced or inaccurate.  | 
Immigration | 
 | 
Dec. 26, 2012 | |
| 
 08-70941 
 | 
Arteaga-De Alvarez v. Holder
 Availability of spousal petition filed by alien’s husband does not necessarily undercut cancellation of removal claim based on hardship to her family.  | 
Immigration | 
 | 
Dec. 26, 2012 | |
| 
 10-56023 
 | 
Martinez v. Napolitano
 District court may not hear Guatemalan citizen's indirect challenge to removal order based on denial of asylum and withholding of removal.  | 
Immigration | 
 | 
Dec. 3, 2012 | |
| 
 08-73287 
 | 
Pechenkov v. Holder
 Court cannot review former asylee’s challenge to denial of withholding of his removal due to his conviction for felony assault.  | 
Immigration | 
 | 
Dec. 3, 2012 | |
| 
 11-35580 
 | 
Ruiz-Diaz v. United States
 Justice Dept. may continue to require non-citizen religious workers to wait for approval of their employers’ sponsorship petitions before applying for visas.  | 
Immigration | 
 | 
Nov. 26, 2012 | |
| 
 09-73211 
 | 
Arbid v. Holder
 Alien is no longer eligible for asylum and withholding of removal after conviction for mail fraud, which is considered 'particularly serious' crime.  | 
Immigration | 
 | 
Nov. 12, 2012 | |
| 
 10-10333 
 | 
U.S. v. Aguilar-Vera
 Operation Streamline proceeding violates alien’s rights when he was not questioned until an hour after judge began group advisement of multiple subgroups.  | 
Immigration | 
 | 
Oct. 30, 2012 | |
| 
 09-72603 
 | 
Garfias-Rodriguez v. Holder
 Mexican national, who entered U.S. illegally and married U.S. citizen, may not obtain status adjustment because of his inadmissibility.  | 
Immigration | 
 | 
Oct. 22, 2012 | |
| 
 08-70789 
 | 
Delgado-Hernandez v. Holder
 Legal permanent resident's attempted kidnapping conviction renders him removable from U.S. because his offense involved substantial risk of violence.  | 
Immigration | 
 | 
Oct. 10, 2012 | |
| 
 11-35580 
 | 
Ruiz-Diaz v. United States
 Justice Dept. may continue to require non-citizen religious workers to wait for approval of their employers’ sponsorship petitions before applying for visas.  | 
Immigration | 
 | 
Oct. 8, 2012 | |
| 
 08-71379 
 | 
Ridore v. Holder
 Haitian citizen convicted of minor offenses should not be deported to Haiti where detention under horrific prison conditions amounts to torture.  | 
Immigration | 
 | 
Oct. 4, 2012 | |
| 
 09-56786 
 | 
Cuellar de Osorio v. Mayorka
 Child who lost eligibility under derivative visa is now eligible because he may use filing date of visa petition for which he was originally listed.  | 
Immigration | 
 | 
Sep. 27, 2012 | |
| 
 08-70229 
 | 
Montes-Lopez v. Holder
 Immigration judge violates alien’s right to representation by requiring him to proceed with hearing without his attorney present.  | 
Immigration | 
 | 
Sep. 19, 2012 | |
| 
 07-70949 
 | 
Young v. Holder
 Alien may be deported although his record of conviction did not show whether he was convicted of selling, or offering to sell, cocaine.  | 
Immigration | 
 | 
Sep. 18, 2012 | |
| 
 07-74361 
 | 
Gonzaga-Ortega v. Holder
 Lawful permanent resident who attempted to smuggle niece into country has no right to representation during secondary inspection at border.  | 
Immigration | 
 | 
Sep. 17, 2012 | |
| 
 10-17652 
 | 
Eche v. Holder
 Lawful permanent resident may not count time lived in Mariana Islands before 2009 toward residence requirement for becoming U.S. citizen.  | 
Immigration | 
 | 
Sep. 12, 2012 | |
| 
 08-72451 
 | 
Cheema v. Holder
 Written warning on asylum application adequately informs alien that he will be denied immigration benefits if his application is frivolous.  | 
Immigration | 
 | 
Sep. 7, 2012 | |
| 
 07-74437 
 | 
Sanchez-Avalos v. Holder
 Although alien was convicted of sexual battery under California law, he should not have been deemed inadmissible.  | 
Immigration | 
 | 
Sep. 5, 2012 | |
| 
 09-70181 
 | 
Corpuz v. Holder
 BIA improperly calculates ‘term of imprisonment’ for purpose of determining eligibility for relief by including entire period of petitioner's civil confinement.  | 
Immigration | 
 | 
Sep. 4, 2012 | |
| 
 10-73057 
 | 
Ortiz-Alfaro v. Holder
 Reinstated removal order is not final until Dept. of Homeland Security has completed alien's reasonable fear and withholding of removal proceedings.  | 
Immigration | 
 | 
Aug. 28, 2012 | |
| 
 09-71336 
 | 
Cabantac v. Holder
 In determining removability due to controlled substance offense, appeals court may consider facts alleged in count specified in abstract of judgment.  | 
Immigration | 
 | 
Aug. 24, 2012 | 
