Petitioner's motion for attorneys' fees and costs, arising from exclusion proceedings, is denied as, under the Equal Access to Justice Act, 28 U.S.C. section 2412, the government's position was justified in substance or in the main.
Read Potdar v. Holder, No. 06-2441
Appellate Information
Petition for Review of an Order of the Board of Immigration Appeals
Decided October 21, 2009
Judges
Before: Ripple, Manion, and Kanne, Circuit Judges
Opinion by Ripple, Circuit Judge
Petition for review of an order finding petitioner removable is denied where: 1) the BIA's conclusion that petitioner had been convicted of a crime of moral turpitude in denying his petition for withholding of removal was proper as his conviction for selling fraudulent Social Security and alien registration cards to those who knew they were false documents was a crime that involves inherently deceptive conduct; and 2) there was no merit in remaining challenges.
Read Lagunas-Salgado v. Holder, No. 07-3396
Appellate Information
Petitions for Review of an Order of the Board of Immigration Appeals
Argued April 17, 2009
Decided October 13, 2009
Judges
Before: Flaum, Evans, and Williams, Circuit Judges
Opinion by Williams, Circuit Judge
Petition for review of the BIA's denial of a Ukrainian citizen's application for withholding of removal is denied as the exclusionary rule generally does not apply in removal proceedings, and here, petitioner obtained the I-551 stamp on his passport during an undercover investigation coordinated by immigration authorities.
Read Krasilych v. Holder, No. 09-1026
Appellate Information
Petition for Review of an Order of the Board of Immigration Appeals
Argued September 16, 2009
Decided September 29, 2009
Judges
Before Flaum, Evans, and Sykes, Circuit Judges
Per Curium Opinion
Petition for review of BIA's decision to remove a Mexican citizen and lawful permanent resident of the United States on the ground that he knowingly attempted to smuggle illegal aliens into the country is denied as there is reasonable, substantial, and probative evidence in the record to support the IJ's and BIA's conclusion that the government proved petitioner's conviction by clear, unequivocal, and convincing evidence. Petitioner's due process claims are rejected as there is substantial support the BIA's findings that he was afforded a full and fair opportunity to present his case before a neutral IJ.
Read Barradas v. Holder, No. 08-3440
Appellate Information
Petition for Review of an Order of the Board of Immigration Appeals
Argued April 1, 2009
Decided September 23, 2009
Judges
Before Posner, Tinder, and Evans, Circuit Judges
Opinion by Tinder, Circuit Judge
BIA's denial of a Zimbabwe national and his wife's petition for asylum and related relief is affirmed where: 1) the record does not compel a conclusion that petitioner suffered a past persecution nor that petitioner's fear of future persecution is objectively reasonable; and 2) as petitioner failed to satisfy the lower burden of proof required for asylum, he cannot prove that it is more likely than not that his freedom would be threatened on account of a protected ground if he was returned to Zimbabwe.
Read Nzeve v. Holder, No. 08-3455
Appellate Information
Petition for Review from an Order of the Board of Immigration Appeals.
Argued April 6, 2009
Decided September 17, 2009
Judges
Before Bauer, Sykes and Tinder, Circuit Judges
Opinion by Bauer, Circuit Judge
Petition for review of BIA's denial of Indian national's application for withholding of removal is denied and dismissed in part where: 1) petitioner's request for continuance is dismissed for lack of jurisdiction and in the alternative denied for lack of merit; 2) BIA's finding that petitioner did not have a well-founded fear of persecution was supported by reasonable, substantial, and probable evidence; and 3) petitioner's claim of ineffective assistance of counsel is dismissed for lack of jurisdiction.
Read Patel v. Holder, No. 08-3067
Appellate Information
Petition for Review from an Order of the Board of Immigration Appeals.
Argued April 14, 2009
Decided September 16, 2009
Judges
Before Kanne, Rovner, and Wood, Circuit Judges
Opinion by Wood, Circuit Judge
Petition for review of a decision of the Board of Immigration Appeals affirming a denial of Albanian petitioners' applications for asylum and related relief is granted and BIA's decision vacated and remanded for reconsideration of the petitioners' motion to file their brief out-of-time as the Board was required to consider relevant factors that supported petitioners' claim that they never received notice of their asylum proceedings, along with any others of which it might be aware, and to explain its decision in light of them.
Read Dakaj v. Holder, No. 08-2554
Appellate Information
Petitioner for Review of an Order of the Board of Immigration Appeals
Argued January 28, 2009
Decided August 31, 2009
Judges
Before Bauer, Ripple and Tinder, Circuit Judges
Per Curium Opinion.
Petition for review of the BIA's denial of a Pakistani petitioner's motion to reopen removal proceedings is granted and remanded where the BIA committed legal error in adopting an overly narrow interpretation of 8 C.F.R. section 1003.2(c)(3)(ii) that runs counter to the plain language of the regulation.
Appellate Information
Peition for Review of an Order of the Board of Immigration Appeals
Argued February 24, 2009
Decided August 27, 2009
Judges
Before Rovner, Wood and Sykes, Circuit Judges
Opinion by Wood, Circuit Judge.
Petition for review of an order of the Board of Immigration Appeals' (BIA) denying Pakistani petitioner's application for asylum, withholding of removal and relief under the Convention Against Torture (CAT) is denied where: 1) BIA's factual determination that petitioner failed to file his asylum application within one year and the board's decision that he does not qualify for a time extension are unreviewable; 2) BIA's denial of petition for withholding of removal and protection under the CAT is sufficiently supported by the record to establish that petitioner had not suffered past persecution or the likelihood of future persecution.
Read Ishitiaq v. Holder, No. 08-2834
Appellate Information
Petition for Review of an Order of the Board of Immigration Appeals.
Argued March 30, 2009
Decided August 25, 2009
Judges
Before Kanne, Wood, and Williams, ircuit Judges
Opinion by Williams, Circuit Judge.
Petition for review a denial of Kenyan petitioner's application for asylum by the BIA is granted where the Board wrongly held that a group must have social visibility to be a particular social group. Further question is whether the Kenyan government is either complicit in the tribe's persecution of defectors from the group or unable or unwilling to protect. In regards to petitioner's wife's derivative claim, BIA's denial on grounds that the the wife did not file within the one-year limit is vacated where the one-year deadline became relevant to her situation only much later when her spouse sought asylum.
Read Gatimi v. Holder, No. 08-3197
Appellate Information
Petition for Review an Order of the Board of Immigration Appeals.
Argued April 7, 2009
Decided August 20, 2009
Judges
Before Posner, Ripple, and Wood, Circuit Judges
Opinion by Posner, Circuit Judge.
See All FindLaw Blogs >>
Go To U.S. Seventh Circuit Main Page >>
