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CASES DECIDED IN FEDERAL COURT IN DECEMBER / JANUARY 2006 / 2007

Here are some of the cases which were decided in Federal Court between 1/29/07 and 2/2/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Zheng v. Gonzales (01/30/07 - No. 06-1655)
Petition for review of a final order of removal is denied where the IJ's determinations that the petitioner was not credible and that, even if she were credible, she had not established that she had a well-founded fear of persecution were supported by substantial evidence.
http://laws.lp.findlaw.com/1st/061655.html

U.S. 6th Circuit Court of Appeals

Randhawa v. Gonzales (01/30/07 - No. 05-3694)
In the context of removal proceedings, filing a petition for review does not toll the time limit for filing a motion for reconsideration.
http://caselaw.lp.findlaw.com/data2/circs/6th/053694p.pdf

U.S. 7th Circuit Court of Appeals

Apouviepseakoda v. Gonzales (02/02/07 - No. 05-3752)
Petition for review of denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is denied where the IJ's handling of the immigration hearing did not violate petitioner's right to due process, and an adverse credibility determination was based on sufficient evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/053752p.pdf

U.S. 8th Circuit Court of Appeals

Ntangsi v. Gonzales (01/30/07 - No. 05-4220)
Petition for review of a denial of an application for asylum is granted where: 1) the government, which had reopened the proceedings of petitioner who was previously granted asylum, was not forced to prove a ground for terminating asylum, but instead petitioner was forced to prove her asylum eligibility once again; and 2) the failure to apply the proper burden of proof in her reopened proceeding was not harmless.
http://caselaw.lp.findlaw.com/data2/circs/8th/054220p.pdf

US v. Flores-Sandoval (01/30/07 - No. 06-2257)
Denial of a motion to suppress evidence in a prosecution for illegal reentry after deportation is affirmed where: 1) an encounter between defendant and an ICE agent after defendant was released from jail was consensual, and therefore did not implicate the Fourth or Fifth Amendment; and 2) for the same reason, the statements and fingerprints were "untainted evidence" of identity, which the government could use.
http://caselaw.lp.findlaw.com/data2/circs/8th/062257p.pdf

Mohamed v. Gonzales (02/02/07 - No. 05-3357)
In proceedings challenging removal of petitioner to Somalia, petitioner's primary claim, an as-applied constitutional challenge to the REAL ID Act, is rejected as the Act provides an adequate and effective substitute for habeas review.
http://caselaw.lp.findlaw.com/data2/circs/8th/053357p.pdf

Here are some of the cases which were decided in Federal Court between 1/22/07 and 1/26/07 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Jiang v. Gonzales (01/23/07 - No. 06-1649)
Petition for review of denial of application for asylum, withholding of removal, or relief under the Convention Against Torture is denied where critical inconsistencies and a lack of corroborating evidence in petitioner's testimony supported the IJ's adverse credibility finding, and even if deemed credible, petitioner could not show entitlement to relief.
http://laws.lp.findlaw.com/1st/061649.html

U.S. 2nd Circuit Court of Appeals

Bhanot vs Chertoff (01/22/07 - No. 05-2904)
Petition for review of BIA denial of motion to reopen removal proceedings after a removal order was entered in absentia is denied where a presumption of receipt applied to the notice announcing a change in the date of petitioner's removal proceedings and petitioner did not present sufficient evidence to overcome the presumption of receipt.
http://caselaw.lp.findlaw.com/data2/circs/2nd/052904p.pdf

Ibragimov v. Gonzales (01/25/07 - No. 05-4771)
Petition for review of denial of motion to terminate removal proceedings and ordering petitioner removed from the U.S. is denied over claims that: 1) petitioner improperly charged with removal as an inadmissible "arriving alien" and as an "applicant for admission"; and 2) the BIA's affirmance of the IJ's decision by a single-member panel without a published opinion violated petitioner's rights to due process of law and equal protection of the laws under the Fifth Amendment.
http://caselaw.lp.findlaw.com/data2/circs/2nd/054771p.pdf

U.S. 5th Circuit Court of Appeals

Carranza-de Salinas v. Gonzales (01/24/07 - No. 05-60878)
A petition for review of a decision holding that petitioner was ineligible to apply for relief from deportation based on former section 212(c) of the Immigration and Nationality Act is granted where the BIA erred in finding her ineligible to apply for section 212(c) relief without allowing her the opportunity to demonstrate that her actual, subjective reliance on the prior state of the law caused her to delay her application.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560878cv0p.pdf

US v. Hernandez (01/24/07 - No. 05-41611)
Defendant's conviction for aiding and abetting the transportation of two illegal aliens for financial gain is affirmed where reasonable suspicion, based in part on an anonymous tip, supported the stop of her car by a roving patrol in an area close to the border and a notorious alien smuggling route.
http://caselaw.lp.findlaw.com/data2/circs/5th/0541611cr0p.pdf

U.S. 6th Circuit Court of Appeals

Sanusi v. Gonzales (01/23/07 - No. 05-3355, 05-3676)
Petitions for review of denial a motion to terminate immigration proceedings and a reconsideration motion are denied where the case was distinguishable from Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), since a state court's vacatur of petitioner's conviction was ineffective for immigration purposes because it was done solely for the purpose of ameliorating the immigration consequences to petitioner.
http://caselaw.lp.findlaw.com/data2/circs/6th/053355p.pdf

U.S. 7th Circuit Court of Appeals

Boctor v. Gonzales (01/24/07 - No. 05-2530)
Petition for review of denial of application for asylum is granted where the agency's determination that petitioner was not persecuted because of his religion was not supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/052530p.pdf

U.S. 9th Circuit Court of Appeals

Valeriano v. Gonzales (01/23/07 - No. 03-72277, 03-74754)
An alien who delays filing a motion to reopen under 8 C.F.R. section 1003.2(c)(1) while awaiting the government's response to his counsel's request to join the motion to reopen under 8 C.F.R. section 1003.2(c)(3)(iii) until the deadline is past is not entitled to equitable tolling.
http://caselaw.lp.findlaw.com/data2/circs/9th/0372277p.pdf

U.S. 10th Circuit Court of Appeals

Sarr v. Gonzales (01/23/07 - No. 05-9606)
An order of removal affirming a denial of an application for asylum, withholding of removal and related relief is reversed where the decision to deny petitioner's requested relief was not supported by substantial evidence as petitioner presented proof of his Mauritanian citizenship through both documentary and testimonial evidence, and the BIA upheld an adverse credibility finding based on inconsistencies which were minor, at most.
http://laws.lp.findlaw.com/10th/059606.html

US v. Condrin (01/23/07 - No. 06-2025)
A conviction for conspiracy to transport illegal aliens and transporting illegal aliens is affirmed over claims that: 1) the district court abused its discretion at trial by admitting a border patrol photograph taken at his arrest; and 2) insufficient evidence existed to support the convictions.
http://laws.lp.findlaw.com/10th/062025.html

Here are some of the cases which were decided in Federal Court between 1/15/07 and 1/19/07 which affect immigration law.

U.S. Supreme Court

Gonzales v. Duenas-Alvarez (01/17/07 - No. 05–1629)
In the context of 8 U.S.C. section 1101(a)(43)(G), which provides for removal from the United States of an alien convicted of "a theft offense ... for which the term of imprisonment [is] at least one year," the term "theft offense" in the statute includes the crime of "aiding and abetting" a theft offense.
http://laws.lp.findlaw.com/us/000/051629.html

U.S . 2nd Circuit Court of Appeals

Zhong v. US Dep't of Justice (01/17/07 - No. 02-4882)
Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is vacated to the extent some of the IJ's 2001 findings were marked by significant legal errors, even though several of those errors were not specifically raised in petitioner's appeal to the BIA, as respondent did not assert a failure to exhaust, and the IJ's errors may have affected his disposition of the application. (Amended)
http://caselaw.lp.findlaw.com/data2/circs/2nd/024882p.pdf

U.S. 7th Circuit Court of Appeals

Kebe v. Gonzales (01/19/07 - No. 05-4437)
Petition for review of BIA denial of motion to reopen claims for asylum, withholding of removal, and relief under the Convention Against Torture is granted where the BIA failed to analyze petitioner's evidence that conditions for members of opposition political organizations had worsened since the BIA's original decision.
http://caselaw.lp.findlaw.com/data2/circs/7th/054437p.pdf

U.S. 9th Circuit Court of Appeals

Kohli v. Gonzales (01/17/07 - No. 05-72761)
A petition for review, brought by a Kuwaiti native who is a citizen of India, of a denial of asylum and related relief is denied where: 1) an alleged defect in a Notice to Appear was not jurisdictional; 2) an adverse credibility determination was supported by substantial evidence; and 3) petitioner did not show that she was entitled to either withholding of removal or relief under the CAT.
http://caselaw.lp.findlaw.com/data2/circs/9th/0572761p.pdf

Ruiz-Vidal v. Gonzales (01/18/07 - No. 04-73812)
A petition for review of an order of removal is granted where: 1) a 1998 conviction could not serve as a predicate for removal because petitioner was granted cancellation of removal for that conviction; and 2) the DHS failed to establish unequivocally that the particular substance which he was convicted of possessing in 2003 was a controlled substance as defined in section 102 of the Controlled Substances Act, for purposes of that conviction serving as a predicate offense for removal.
http://caselaw.lp.findlaw.com/data2/circs/9th/0473812p.pdf

Here are some of the cases which were decided in Federal Court between 1/8/07 and 1/12/07 which affect immigration law.

U.S. Supreme Court

US v. Resendiz-Ponce (01/09/07 - No. 05–998)
The Ninth Circuit's reversal of respondent's conviction for illegally attempting to reenter the U.S. is reversed where the indictment at issue was not defective, and consequently, the Supreme Court did not need to answer the question of whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error.
http://laws.lp.findlaw.com/us/000/05998.html

U.S . 1st Circuit Court of Appeals

Payne-Barahona v. Gonzales (01/10/07 - No. 06-1420)
Denial of application for cancellation of removal and voluntary departure is affirmed where petitioner was statutorily ineligible for cancellation of removal or voluntary departure because of a conviction for an aggravated felony. Petitioner's constitutional challenge to the statute based on his children's third-party rights fails since a parent's otherwise valid deportation does not violate a child's constitutional right.
http://laws.lp.findlaw.com/1st/061420.html

U.S. 3rd Circuit Court of Appeals

Silva-Rengifo v. Attorney Gen. of the US (01/09/07 - No. 04-4302, 05-3423)
A petition for review of an en banc decision of the BIA denying petitioner's motion to reopen, which had originally been granted, is granted where the BIA's en banc decision adopted an incorrect legal standard in requiring official "consent" or "actual acquiescence" in the torturous conduct at issue, rather than willful blindness as set out in the CAT's implementing regulations.
http://caselaw.lp.findlaw.com/data2/circs/3rd/044302p.pdf

U.S. 5th Circuit Court of Appeals

Falek v. Gonzales (01/08/07 - No. 05-60624)
A petition for review from a decision of the BIA, which vacated an IJ's grant of a section 212(c) waiver of inadmissability and ordered petitioner deported, is denied in part where a claim -- that petitioner's due process rights were violated because the BIA, not the IJ, entered an order of removal in the first instance -- was foreclosed by precedent. The remainder of the petition is dismissed as the court lacked jurisdiction to consider the challenges.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560624cv0p.pdf

U.S. 7th Circuit Court of Appeals

Guevara v. Gonzales (01/08/07 - No. 05-2696)
Petition for review of a BIA reversal of a discretionary grant of a waiver of removal is denied where the IJ's discretionary decision was subject to de novo review by the BIA, and the BIA had the authority to order petitioner's removal from the country even though no such order had been entered in the first instance by the IJ.
http://caselaw.lp.findlaw.com/data2/circs/7th/052696p.pdf

Valere v. Gonzales (01/11/07 - No. 05-2968)
Petition for review of BIA denial of relief under 212(c) of the Immigration and Naturalization Act on the grounds that the crime of indecent assault on a child has no statutory counterpart in section 212(a) is denied where: 1) petitioner would not have qualified for 212(c) relief at the time of his guilty plea and prior to the date of repeal, thus the application of the statutory counterpart rule did not have an impermissibly retroactive effect; and 2) because there is no statutory counterpart for petitioner's crime, he is not similarly situated to an inadmissible, returning alien who is eligible to apply for section 212(c) relief, thus there is no violation of equal protection.
http://caselaw.lp.findlaw.com/data2/circs/7th/052968p.pdf

Mema v. Gonzales (01/11/07 - No. 05-2570)
Petition for review of denial of applications for asylum and withholding of removal is granted where the IJ failed to consider relevant, probative evidence central to petitioner's claim.
http://caselaw.lp.findlaw.com/data2/circs/7th/052570p.pdf

Gomes v. Gonzales (01/11/07 - No. 03-3020)
Petition for review of denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture is granted where the IJ did not adequately support his decision denying petitioners' application for asylum.
http://caselaw.lp.findlaw.com/data2/circs/7th/033020p.pdf

Boci v. Gonzales (01/12/07 - No. 05-3231)
Petition for review of denial of asylum, withholding of removal, and relief under the Convention Against Torture is denied where the petitioners could not establish either past persecution or a well-founded fear of future persecution, did not present evidence of torture, and did not establish prejudice as a result of the IJ's actions that rose to the level of a violation of due process.
http://caselaw.lp.findlaw.com/data2/circs/7th/053231p.pdf

U.S. 8th Circuit Court of Appeals

US v. Rastegar (01/08/07 - No. 06-1634, 06-2605)
A conviction for using a social security number obtained from the Social Security Administration (SSA) on the basis of false information to intentionally deceive the IRS is affirmed over a claim that there was insufficient evidence to prove that he intended to deceive the IRS or that the SSA assigned him an SSN on the basis of false information he provided to the agency.
http://caselaw.lp.findlaw.com/data2/circs/8th/061634p.pdf

Flores-Calderon v. Gonzales (01/08/07 - No. 06-1739)
A petition for review of the BIA's dismissal of a Peruvian husband and wife's appeal for asylum is denied where the IJ and BIA's holding, that petitioners failed to meet their burden of establishing past persecution based on his military service, or fear of future persecution under any of the protected grounds conferring refugee status, was supported by reasonable, substantial, and probative evidence on the record as a whole.
http://caselaw.lp.findlaw.com/data2/circs/8th/061739p.pdf

U.S. 9th Circuit Court of Appeals

Lin v. Gonzales (01/09/07 - No. 05-74130)
A denial of petitioner's application for asylum, which was based upon his alleged persecution for resisting a coercive population control program in China, is reversed and remanded where petitioner's actions in attempting to prevent birth control officials from confiscating and destroying family property satisfied the "other resistance" category set forth in 8 U.S.C. section 1101(a)(42)(B).
http://caselaw.lp.findlaw.com/data2/circs/9th/0574130p.pdf

Becker v. Gonzales (01/10/07 - No. 05-76977)
A petition for review of a BIA final order of removal is denied where petitioner's 1978 conviction for possession of marijuana for sale may be treated as a disqualifying aggravated felony conviction for purposes of his current request for cancellation of removal following his 2004 controlled substance conviction.
http://caselaw.lp.findlaw.com/data2/circs/9th/0576977p.pdf

Here are some of the cases which were decided in Federal Court between 1/1/07 and 1/5/07 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Rotimi v. Gonzalez (01/03/07 - No. 06-0202)
Denial of application for an Immigration and Naturalization Act section 212(h) waiver of removal, based on finding petitioner's period of residence as an asylum seeker was not lawful, is vacated as a nonprecedential decision by a single member of the BIA should not be accorded Chevron deference, and is remanded to allow the BIA to construe the "lawfully resided continuously" provisions of section 212(h) in a precedential opinion.
http://caselaw.lp.findlaw.com/data2/circs/2nd/060202p.pdf

U.S. 7th Circuit Court of Appeals

Doumbia v. Gonzales (01/04/07 - No. 05-4683)
Petition for review of the denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture is denied where: 1) evidence undermining the petitioner's credibility was probative and admissible; 2) the nature of the evidence's introduction did not prejudice the petitioner; and 3) the IJ's credibility determination was supported by substantial evidence.
http://caselaw.lp.findlaw.com/data2/circs/7th/054683p.pdf

U.S. 8th Circuit Court of Appeals

Jallow v. Gonzales (01/04/07 - No. 06-1610)
A Gambian citizen's petition for review from a denial of asylum and related relief is denied where the court could not review the denial of asylum due to its untimeliness, the IJ's credibility findings were supported by sufficient record evidence, and the IJ properly found that petitioner did not present sufficient credible evidence that he would be tortured if returned to Gambia.
http://caselaw.lp.findlaw.com/data2/circs/8th/061610p.pdf

U.S. 9th Circuit Court of Appeals

Morales v. Gonzales (01/03/07 - No. 05-70672)
A petition for review brought by a male-to-female transsexual of a removal order and denial of her applications for asylum and related relief is granted in part where: 1) as to the applications for asylum and withholding, the IJ erred in relying on facts in a Washington appellate court's opinion to determine petitioner's prior conviction was for a particularly serious crime, but a large portion of the facts relied upon, applied to offenses for which she was not convicted; and 2) the IJ applied an incorrect legal standard to determine she was ineligible for CAT relief.
http://caselaw.lp.findlaw.com/data2/circs/9th/0570672p.pdf

Garcia-Jimenez v. Gonzales (01/03/07 - No. 03-74625)
8 U.S.C. section 1229b(c)(6) bars an alien from obtaining cancellation of removal if he has ever received a waiver of deportation, even if the waiver of deportation was granted in the same proceeding in which cancellation of removal is sought. The statute prohibits an alien from receiving both waiver of deportation and cancellation of removal.
http://caselaw.lp.findlaw.com/data2/circs/9th/0374625p.pdf

Lin v. Gonzales (01/05/07 - No. 04-73860)
Petition for review of denial of previously-removed Chinese petitioner's untimely motion to reopen his original deportation proceedings is granted where: 1) 8 C.F.R. section 1003.23(b)(1) cannot be applied to the facts of this case; 2) no steps were taken by the Department of Homeland Security (DHS) to reinstate petitioner�s prior removal order under 8 C.F.R. section 241.8; and 3) neither the IJ nor the BIA made any finding concerning whether petitioner's motion was eligible for any exception to late filing under 8 C.F.R. section 1003.23(b)(4).
http://caselaw.lp.findlaw.com/data2/circs/9th/0473860p.pdf

U.S. 10th Circuit Court of Appeals

US v. Saenz-Gomez (01/03/07 - No. 06-2148)
Defendant's sentence for illegal reentry after removal following a conviction for an aggravated felony is affirmed over a claim that the district court erred in enhancing his sentence pursuant to 8 U.S.C. section 1326(b)(2) and U.S.S.G. section 2L1.2(b)(1)(B) because his 2003 state conviction for heroin trafficking was not final at the time of his removal.
http://laws.lp.findlaw.com/10th/062148.html

Here are some of the cases which were decided in Federal Court between 12/25/06 and 12/29/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Ticoalu v. Gonzales (12/28/06 - No. 05-1620)
A decision denying Indonesian petitioner's application for asylum and withholding of removal, and declining to grant his motion to remand is reversed in part as to the BIA's denial of the motion to remand where it was an abuse of discretion not to consider a timely periodical article reporting violence in central Sulawesi, or to address whether an order granting asylum to petitioner's brother was material to his claim.
http://laws.lp.findlaw.com/1st/051620.html

U.S. 9th Circuit Court of Appeals

Ochoa-Amaya v. Gonzales (12/29/06 - No. 05-74693)
A petition for review of a denial of petitioner's motion to reopen to allow consideration of his application for adjustment of status is denied where the BIA properly interpreted the relevant language of the Child Status Protection Act (CSPA) in finding that petitioner did not qualify as a child under the CSPA, and thus could not show statutory eligibility for adjustment of status.
http://caselaw.lp.findlaw.com/data2/circs/9th/0574693p.pdf

U.S. 10th Circuit Court of Appeals

Gonzales-Gonzales v. Weber (12/27/06 - No. 04-1181)
In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.
http://laws.lp.findlaw.com/10th/041181.html

Here are some of the cases which were decided in Federal Court between 12/18/06 and 12/22/06 which affect immigration law.

U.S. 1st Circuit Court of Appeals

Chreng v. Gonzales (12/20/06 - No. 06-1481)
Petition for review of an order dismissing petitioner's appeal of the denial of his applications for asylum and withholding of removal is denied where the government successfully rebutted petitioner's asylum claim by making a showing of changed circumstances in his native Cambodia, and petitioner did not show the existence of new sources of possible persecution.
http://laws.lp.findlaw.com/1st/061481.html

US v. Simo-Lopez (12/22/06 - No. 05-2656)
Sentence for unlawful reentry into the US and unlawful use of false identification is vacated and remanded where a battery conviction considered a felony for enhancement purposes by the sentencing judge was, under Puerto Rico law, actually a misdemeanor.
http://laws.lp.findlaw.com/1st/052656.html

U.S. 6th Circuit Court of Appeals

Kellici v. Gonzales (12/21/06 - No. 05-3851, 05-3852)
An alien's habeas petition does not necessarily challenge the merits of the underlying administrative order of removal for purposes of jurisdiction under the REAL ID Act. In immigration proceedings, the government's motion to dismiss petitions for writs of habeas corpus brought by Albanian immigrants is granted and the matter remanded where the transfer of the cases from the district court to the circuit court was not authorized by the REAL ID Act.
http://caselaw.lp.findlaw.com/data2/circs/6th/053851p.pdf

U.S. 7th Circuit Court of Appeals

Dababneh v. Gonzales (12/20/06 - No. 05-4001)
Petition for review of denial of motion to terminate proceedings alleging that the Notice to Appear was defective is denied where the Department of Homeland Security may indicate in the NTA that it will give the alien subsequent notice of the precise time and place of the hearing once it files the NTA with the appropriate immigration court.
http://caselaw.lp.findlaw.com/data2/circs/7th/054001p.pdf

U.S. 8th Circuit Court of Appeals

Habchy v. Gonzales (12/20/06 - No. 05-3078)
A petition, brought by a native and citizen of Lebanon claiming persecution at the hands of Hizballah, for review of denial of asylum relief is denied over claims that: 1) the BIA erred in affirming denial of his motion to reconsider an IJ's decision, in which the IJ refused to reopen a removal order on the basis of ineffective assistance of counsel; and 2) the BIA erred in refusing to reopen his case on the basis of changed country conditions in Lebanon between 2000 and 2003.
http://caselaw.lp.findlaw.com/data2/circs/8th/053078p.pdf

Zhuang v. Gonzales (12/22/06 - No. 05-4131)
Petition for review of a decision denying Chinese citizen asylum and related relief, involving China's one-child policy and his ex-wife's sterilization, is denied where: 1) the court lacked jurisdiction to address a due process claim; 2) the immigration judge's credibility findings were supported by reasonable, substantial, and probative evidence; 3) petitioner did not prove ex-wife's sterilization was forced, for asylum purposes; and 4) withholding and Convention Against Torture claims also failed.
http://caselaw.lp.findlaw.com/data2/circs/8th/054131p.pdf

Ebrahim v. Gonzales (12/22/06 - No. 05-4433)
The court is without jurisdiction to review petitions for review of a denial of a waiver under 8 U.S.C. section 1186a(c)(4) because the question of whether a marriage has been entered into in "good faith" is a matter within the unreviewable discretion of the Attorney General.
http://caselaw.lp.findlaw.com/data2/circs/8th/054433p.pdf

U.S. 9th Circuit Court of Appeals

Rafaelano v. Wilson (12/20/06 - No. 05-35025)
A petition for review brought by an individual claiming that the government was seeking to expel her from the U.S. without a valid order of deportation is granted and the matter transferred to the BIA where the transfer was necessary in order to determine whether a 1995 order became an effective order of deportation because petitioner failed to depart the U.S. on or before September 21, 1996.
http://caselaw.lp.findlaw.com/data2/circs/9th/0535025p.pdf

U.S. 11th Circuit Court of Appeals

Ruiz v. U.S. Attorney Gen. (12/21/06 - No. 05-15875)
As petitioner application for asylum was filed 21 days after the one-year deadline, the court lacks jurisdiction to review the denial of asylum application. However, request for reconsideration of denial of request for withholding of removal is granted as petitioner's kidnapping, physical assaults, and threatening phone calls rise to the level of persecution.
http://caselaw.lp.findlaw.com/data2/circs/11th/0515875p.pdf

U.S. District of Columbia Circuit Court of Appeals

US v. Olivares (12/19/06 - No. 05-3058)
57-month sentence, followed by 3 years' supervised release and payment of restitution, based on guilty plea to conspiracy to commit armed bank robbery, is affirmed over claims that the district court erred in denying defendant's request for a downward adjustment under Sentencing Guidelines section 3B1.2 because of his minimal role in the conspiracy and in denying a downward departure because he was an alien facing deportation.
http://caselaw.lp.findlaw.com/data2/circs/dc/053058a.pdf

Here are some of the cases which were decided in Federal Court between 12/11/06 and 12/15/06 which affect immigration law.

U.S. 2nd Circuit Court of Appeals

Zerrei v. Gonzales (12/12/06 - No. 05-3390)
Petition for review of order of removal is denied where the BIA and the IJ properly treated a copy of a passport, admitted into evidence without objection, as belonging to petitioner, and correctly concluded that the Department of Homeland Security satisfied its burden of establishing removability by clear and convincing evidence.
http://caselaw.lp.findlaw.com/data2/circs/2nd/053390p.pdf

Alrefae v. Chertoff (12/14/06 - No. 05-3253)
Denial of motions to rescind an in absentia removal order and to reopen removal proceedings on the basis of new evidence is vacated as the IJ erred: 1) in denying petitioner's motion to rescind by failing to explain why he had not rebutted the presumption that he received notice of his removal hearing and by improperly applying this presumption in evaluating his claim that exceptional circumstances prevented him from appearing at his hearing; and 2) in denying petitioner's motion to reopen because he failed to explain why he was not prima facie eligible to remove the conditional basis of his permanent resident status, or why his divorce, which did not become final until after his removal hearing, did not constitute new evidence.
http://caselaw.lp.findlaw.com/data2/circs/2nd/053253p.pdf

U.S. 5th Circuit Court of Appeals

De La Paz Sanchez v. Gonzales (12/12/06 - No. 05-60973)
A petition for review of a BIA order, which found petitioner removable and denied a request for a waiver of removal, is denied over claims that: 1) Texas's unauthorized use of a motor vehicle offense does not constitute a crime of violence under 18 U.S.C. section 16(b); and 2) that he was entitled to seek discretionary relief pursuant to former section 212(c) of the INA.
http://caselaw.lp.findlaw.com/data2/circs/5th/0560973cv0p.pdf

Mai v. Gonzales (12/13/06 - No. 04-60871)
A petition for review of an order denying petitioner's motion to reopen his removal proceedings is granted where the BIA abused its discretion in denying the motion on the basis that his counsel was not ineffective, and the matter is remanded for a determination whether petitioner was prejudiced by his counsel's acts.
http://caselaw.lp.findlaw.com/data2/circs/5th/0460871cv0p.pdf

Heaven v. Gonzales (12/14/06 - No. 05-61022)
Section 309(c)(5) of the IIRIRA requires the retroactive application of the stop-time rule, INA section 240A(d), in removal proceedings commenced after the effective date of the IIRIRA. A petition for review of a BIA decision finding that petitioner was not eligible to apply for cancellation of removal on the basis of the stop-time rule is denied in part and dismissed in part where the BIA correctly decided that the stop-time rule may be applied retroactively to petitioner's pre-1996 convictions, and the circuit court lacked jurisdiction over the remaining claims.
http://caselaw.lp.findlaw.com/data2/circs/5th/0561022cv0p.pdf

U.S. 6th Circuit Court of Appeals

Mansour v. Gonzales (12/14/06 - No. 05-3674)
A petition for review of the BIA's denial of petitioner's motion to reopen his deportation proceedings is denied where: 1) petitioner traveled to Mexico, thus effectively executing his prior outstanding deportation order, and leaving no deportation proceedings to reopen; and 2) petitioner's parole into the U.S. to stand trial for making a false claim of U.S. citizenship did not render his entry legal, and thus petitioner was ineligible for INA section 212(c) relief under the applicable regulation.
http://caselaw.lp.findlaw.com/data2/circs/6th/053674p.pdf

U.S. 7th Circuit Court of Appeals

Obambi v. Gonzales (12/11/06 - No. 06-1402)
Petition for review of denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is granted where the IJ inappropriately denied petitioner's application because of a lack of corroborating evidence without first making an explicit credibility finding or explaining whether it was reasonable to expect her to provide corroboration given the recent history of political upheaval in Congo.
http://caselaw.lp.findlaw.com/data2/circs/7th/061402p.pdf

U.S. 9th Circuit Court of Appeals

Kaganovich v. Gonzales (12/12/06 - No. 04-70625)
An alien who arrives in the United States as a refugee may be removed even if their refugee status has never been terminated pursuant to 8 U.S.C. section 1157(c)(4).
http://caselaw.lp.findlaw.com/data2/circs/9th/0470625p.pdf

US v. Zepeda-Martinez (12/13/06 - No. 05-50562)
Apprendi errors are reviewed for harmlessness using the framework of Neder v. US, 527 U.S. 1 (1999), under which an error is harmless if the court finds beyond a reasonable doubt that the result "would have been the same absent the error."
http://caselaw.lp.findlaw.com/data2/circs/9th/0550562p.pdf

Here are some of the cases which were decided in Federal Court between 12/04/06 and 12/08/06 which affect immigration law.

U.S. Supreme Court

Lopez v. Gonzales (12/05/06 - No. 05–547)
In the context of the Immigration and Nationality Act (INA) and crimes falling under the term "aggravated felony," a state offense constitutes a "felony punishable under the Controlled Substances Act" only if it proscribes conduct punishable as a felony under that federal law.
http://laws.lp.findlaw.com/us/000/05547.html

Toledo-Flores v. US (12/05/06 - No. 05–7664)
The writ of certiorari is dismissed as improvidently granted.
http://laws.lp.findlaw.com/us/000/057664.html

U.S. 1st Circuit Court of Appeals

Onwuamaegbu v. Gonzales (12/06/06 - No. 05-1181)
Denial of BIA's motion to reconsider its summary affirmance of an IJ decision that refused to waive inadmissibility pursuant either to section 212(h) or (i) of the Immigration and Nationality Act is vacated and remanded for written clarification of the grounds for summary affirmance where the BIA's failure to explain its decision adequately provided grounds for reversal.
http://laws.lp.findlaw.com/1st/051181.html

U.S. 2nd Circuit Court of Appeals

Makadji vs Gonzales (12/05/06 - No. 03-40341)
Denial of application for asylum and withholding of removal is vacated as the agency erred in finding that petitioner "firmly resettled" prior to entering the U.S. and misallocated the burdens of proof.
http://caselaw.lp.findlaw.com/data2/circs/2nd/0340341p.pdf

Tabile v. Gonzales (12/06/06 - No. 05-2955)
Petition for review of finding that petitioner is ineligible for suspension of deportation, for failing to establish continuous physical residence in the U.S, is denied as 1996 amendments to the INA, providing that an alien's period of continuous residence ended upon the commission of certain offenses, apply retrospectively to petitioner's 1984 criminal offense.
http://caselaw.lp.findlaw.com/data2/circs/2nd/052955p.pdf

U.S. 4th Circuit Court of Appeals

Dragenice v. Gonzales (12/04/06 - No. 05-7050)
Order that petitioner be removed to Haiti as an alien convicted of certain removable offenses is affirmed over claim that petitioner is a national of the United States and, therefore, not subject to removal.
http://caselaw.lp.findlaw.com/data2/circs/4th/057050p.pdf

U.S. 6th Circuit Court of Appeals

Patel v. Gonzales (12/04/06 - No. 06-3197)
When the BIA rejects the underlying reason for an IJ's decision to deny voluntary departure under the INA, and then makes no determination of its own on the voluntary departure issue, the BIA has not exercised any discretion. Petition for review of a denial of claims for asylum and voluntary departure under the INA is denied in part and remanded for a ruling by the BIA on whether petitioner was entitled to voluntary departure.
http://caselaw.lp.findlaw.com/data2/circs/6th/063197p.pdf

U.S. 7th Circuit Court of Appeals

Pavlyk v. Gonzales (12/04/06 - No. 05-4444)
Petition for review of BIA denial of asylum, withholding of removal, and relief under the Convention Against Torture is dismissed where the court lacks jurisdiction over the asylum claim because of the untimeliness of the application, and denied where petitioner did not demonstrate persecution on account of membership in a social group or political opinion, or show a sufficient likelihood of torture.
http://caselaw.lp.findlaw.com/data2/circs/7th/054444p.pdf

US v. Gama-Gonzalez (12/05/06 - No. 06-1965)
Sentence for illegal reentry is affirmed where sentences within the guidelines are presumptively reasonable, and the sentencing judge did not give undue weight to defendant's earlier conviction.
http://caselaw.lp.findlaw.com/data2/circs/7th/061965p.pdf

Padilla v. Gonzales (12/07/06 - No. 05-2697)
Petition for review of order that petitioner be removed to his native Mexico for committing two crimes of moral turpitude -- which order was followed by vacatur of the two convictions by the state court -- is dimissed for failure to exhaust administrative remedies where petitioner did not ask the BIA to reopen his case in light of the vacated convictions, but instead petitioned the district court and then the court of appeals.
http://caselaw.lp.findlaw.com/data2/circs/7th/052697p.pdf

U.S. 9th Circuit Court of Appeals

Family Inc. v. US Citizenship & Immigration Servs. (12/04/06 - No. 05-35310)
Summary judgment in favor of the United States Citizenship and Immigration Services (USCIS) on a challenge to its denial of a petition for a change of immigration status is affirmed where the agency's finding that petitioner was not engaged primarily in managerial duties was supported by substantial evidence, and its denial was neither arbitrary or capricious, nor an abuse of discretion.
http://caselaw.lp.findlaw.com/data2/circs/9th/0535310p.pdf

Serrano v. Gonzales (12/05/06 - No. 04-75579)
Petition for review of the BIA's denial of petitioner's untimely motion to reopen his removal proceedings is denied in part and dismissed in part where: 1) he failed to demonstrate prejudice with regards to a due process ineffective assistance of counsel claim; 2) excuse for his failure to depart based on "exceptional circumstances" was no longer available; and 3) he failed to raise an argument regarding the creation of an "exceptional circumstance" equitable tolling exception to the relevant statute.
http://caselaw.lp.findlaw.com/data2/circs/9th/0475579p.pdf

Valencia-Alvarez v. Gonzales (12/06/06 - No. 05-70275)
A petition for review of determinations by the BIA that petitioner was removable for having been convicted of a controlled substance offense and that he was ineligible for cancellation of removal are denied over claims that: 1) that respondent was barred by res judicata from asserting additional charges after the BIA held that petitioner's underlying conviction was not an aggravated felony; and 2) a statutory provision, which "stops" an alien's accrual of continuous presence in the United States at the time that he commits a crime, may not be applied retroactively to petitioner's 1996 offense.
http://caselaw.lp.findlaw.com/data2/circs/9th/0570275p.pdf

U.S. 11th Circuit Court of Appeals

Haswanee v. U.S. Attorney Ge. (12/08/06 - No. 06-12636)
Denial of continuance and order of removal is vacated to the extent the IJ abused his discretion in denying petitioner's motion for a continuance where he had an approved labor certification and an immediately available visa number, and had a pending visa petition.
http://caselaw.lp.findlaw.com/data2/circs/11th/0612636p.pdf

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