Recently in Immigration Law Category

In a petition for review of the BIA's order denying petitioner asylum and withholding of removal, the petition is denied where: 1) the BIA's reasoned discussion of petitioner's credibility was sufficient to allow for meaningful appellate review; and 2) the Immigration Judge and the BIA gave specific, cogent reasons for finding petitioner not credible, and those reasons were supported by the record.

Read Shkambi v. U.S. Atty. Gen., No. 09-10493

Appellate Information

Filed October 7, 2009

Judges

Per Curiam

In a petition for review of the BIA's determination that petitioner was statutorily ineligible for a waiver of deportation, the petition is denied where petitioner's conviction of the aggravated felony of sexual abuse of a minor disqualified him from applying for a waiver of deportation.

Read De La Rosa v. U.S. Atty. Gen'l., No. 08-13861

Appellate Information

Filed August 20, 2009

Judges

Per Curiam

In a petition for review of the BIA's order removing petitioner-Chinese native from the U.S., the petition is granted in part where certain adverse credibility findings by the BIA were factually incorrect. The petition is denied in part where petitioner's submission of evidence in support of her due process claim was untimely.

Read Tang v. U.S. Atty. Gen., No. 08-12212

Appellate Information

Filed August 11, 2009

Judges

Opinion by Judge Wilson

In a petition for review of the BIA's denial of an Iranian native's application for asylum and withholding of removal, the petition is granted in part where the Board failed to give reasoned consideration to petitioner's evidence of a well-founded fear of persecution based on petitioner's religion, or more specifically, his conversion from Islam to Christianity while in the United States. However, the petition is denied in part, where substantial evidence supported the BIA's determination that petitioner failed to prove a well-founded fear of persecution based on his political opinion.

Read Kazemzadeh v. U.S. Atty. Gen'l., No. 08-12857

Appellate Information

Filed August 6, 2009

Judges

Opinion by Judge Pryor

Petitioner's petition for review of the BIA's denial of her motion to reopen her removal proceedings is granted, where Petitioner was exempt from the 90-day filing deadline for moving to reopen because she presented sufficient evidence of changed country conditions.

Read Zhang v. Holder, No. 08-15245

Appellate Information

Filed June 30, 2009

Judges

Per Curiam

Defendants' alien smuggling convictions are affirmed in part, where the I-213 forms admitted by the District Court did not contain statements harmful to the defense; but reversed in part, where the evidence at trial did not establish that Defendants lacked prior authorization to enter the United States.

Read US v. Gari, No. 08-10014

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Cox

Petitioner's petition for review of the BIA's denial of his application for asylum is denied where substantial evidence supported the BIA's determination that changed country conditions in Albania negated the presumption that Petitioner had a well-founded fear of persecution in Albania.

Read Mehmeti v. USAG, No. 08-15865

Appellate Information

Filed June 25, 2009

Judges

Per Curiam.