20 July 2008
IMMIGRATION CASE SUMMARIES

Provided By Findlaw.Com

U.S. 1st Circuit Court of Appeals, July 14, 2008
Bakuaya v. Mukasey, No. 07-1667, 07-2439
In an immigration proceeding, petition for review of a denial of petitioner’s asylum application is denied where: 1) there was no evidence that petitioner’s familial and tribal associations give rise to a well-founded fear of persecution; 2) given petitioner’s prior false statements, petitioner needed to present evidence as to why her brother was attacked in Togo; and 3) petitioner failed to show why she would be a more likely target of government harassment than other non-political members of her family.

U.S. 1st Circuit Court of Appeals, July 16, 2008
Sompotan v. Mukasey, No. 07-1635
In an immigration proceeding, petition for review an order denying petitioners’ applications for withholding of removal is denied where: 1) the motivations for the alleged persecution were motivations that were not impermissible under applicable statute; 2) the fact that an actor may have multiple motives does not alter a petitioner’s burden to provide sufficient evidence; and 3) petitioners did not present sufficient evidence to support their claim of persecution. Read more…

U.S. 2nd Circuit Court of Appeals, July 16, 2008
Rashid v. Mukasey, No. 07-2064
In order to equitably toll the filing deadline for a motion to reopen based on ineffective assistance of counsel, an alien must demonstrate that he or she has exercised due diligence during the entire period he or she seeks to toll. This includes both the period of time before the ineffective assistance of counsel was or should have been discovered and the period from that point until the motion to reopen is filed.

U.S. 2nd Circuit Court of Appeals, July 17, 2008
Grant v. US Dep’t of Homeland Sec., No. 05-4614
The circuit court rejects a constitutional challenge to 8 U.S.C. section 1432(a) (1994), which provided that an alien born out of wedlock could obtain derivative citizenship based on the naturalization of his or her mother before the alien turned eighteen but could not obtain derivative citizenship based on the naturalization of his or her father before the alien turned eighteen unless paternity had been established by legitimation.

U.S. 5th Circuit Court of Appeals, July 16, 2008
Masih v. Mukasey, No. 07-60029
In an immigration proceeding, a petition to reverse a decision by the Board of Immigration Appeals denying petitioner’s request for a continuance or abeyance of his removal proceedings while he pursues adjustment of status is granted where: 1) petitioner was statutorily eligible for adjustment of status under section 1255(i)(2)(B) since he was eligible to receive an immigrant visa and one was immediately available to him; 2) the BIA and the IJ failed to consider OI 245.4(a)(6) in their rulings despite the regulation’s applicability; and 3) the BIA ignored precedence set in Matter of Ho.

U.S. 8th Circuit Court of Appeals, July 14, 2008
Che v. Mukasey, No. 07-2278
In an immigration proceeding, petition for review of a denial of petitioner’s application for asylum and related relief is denied where: 1) petitioner failed to procure credible proof of persecution or future persecution due to several inconsistencies in her evidence; and 2) the government did not breach the confidentiality requirement of her asylum application by seeking court records in her name.

U.S. 8th Circuit Court of Appeals, July 16, 2008
Hashmi v. Mukasey, No. 07-2377
In an immigration proceeding, petition for review of a denial of petitioner’s application for adjustment of status is affirmed where: 1) there was substantial evidence to support an IJ’s determination not to credit petitioner’s testimony that he intended merely to represent on an I-9 form that he was a non-citizen national; and 2) petitioner had presented himself as being born in Washington state and as having a right to work in the United States.

U.S. 8th Circuit Court of Appeals, July 18, 2008
Gutierrez-Olivares v. Mukasey, No. 07-2321
In an immigration proceeding, petition for review of a denial of an application for asylum and withholding of removal is dismissed where: 1) the court lacks jurisdiction to review a determination that petitioner’s application for asylum was untimely; and 2) petitioner failed to prove that he will suffer persecution based on his political opinion if he is removed.

U.S. 8th Circuit Court of Appeals, July 18, 2008
Uli v. Mukasey, No. 07-2345
In an immigration proceeding, petition for review of a denial of an application for asylum and related relief is affirmed where: 1) the BIA did not err by not reversing an IJ’s adverse credibility determination since the BIA treated her account as credible; 2) petitioner failed to establish past persecution; 3) the BIA did shift the burden to the Department of Homeland Security to rebut the presumption that petitioner had a reasonable fear of future persecution; 4) the BIA properly relied on the fact that petitioner’s family still resided in Indonesia as evidence of changed country conditions; and 5) the court did not err in denying the request for withholding.

U.S. 9th Circuit Court of Appeals, July 17, 2008
Dhital v. Mukasey, No. 06-75043
Petition for review of a decision denying admissibility to a Nepalese student who admitted to having previously obtained asylum under a false identity is denied where substantial evidence supported findings that: 1) extraordinary circumstances did not justify petitioner’s untimely filing and that he was ineligible for asylum as a result; 2) his lack of credibility prevented him from obtaining withholding of removal; and 3) CAT relief should be denied.

U.S. 9th Circuit Court of Appeals, July 17, 2008
US v. Singh, No. 07-30150
A conviction and sentence for offenses related to defendant’s role in a human smuggling conspiracy is affirmed over claims that: 1) there was insufficient evidence to establish that he brought, or aided and abetted the bringing of, an alien into the United States as alleged in one count; and 2) the sentence violated Apprendi.

U.S. 9th Circuit Court of Appeals, July 18, 2008
Tekle v. Mukasey, No. 05-76841
Ethiopian citizen’s petition for review of a denial of an application for asylum and related relief is granted where the BIA’s adverse credibility determination was not based on substantial evidence. Where an IJ has made an adverse credibility finding and has also concluded in the alternative that petitioner is ineligible for asylum or other relief, and the BIA has affirmed on the basis of the IJ’s adverse credibility finding, but has specifically declined to reach the issue of eligibility for asylum and other relief, the circuit court must remand under INS v. Ventura, 537 U.S. 12, 16 (2002).

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