01 December 2008
IMMGRATION CASE SUMMARIES
Recent Immigration Law Decisions

U.S. 3rd Circuit Court of Appeals, November 26, 2008
Mehboob v. Attorney Gen. of the US, No. 07-1799

Petition for review of a BIA order of removability is denied where petitioner’s conviction for indecent assault under 18 Pa. Cons. Stat. section 3126(a)(8), a strict liability offense, is a crime involving moral turpitude because the offense combines a reprehensible act with deliberate conduct.

U.S. 3rd Circuit Court of Appeals, November 26, 2008
Zheng v. Attorney Gen. of the US, No. 07-3122, 07-3199

In consolidated opinion concerning similar cases brought by Chinese petitioners who based their motions on allegations that there had been changed circumstances in China from those extant at the time of the denial of their applications for asylum, the BIA’s denial of the petitioners’ respective motions to reopen is vacated and remanded to the BIA for further proceedings, where procedural deficiencies existed in the previous BIA proceedings.

U.S. 4th Circuit Court of Appeals, November 25, 2008
Zuh v. Mukasey, No. 062050

Following decision finding petitioner-native of Cameroon eligible for asylum, withholding of removal, and protection under Article 3 of the United Nations Convention Against Torture, denial of petitioner’s application for asylum is vacated and remanded where the Immigration judge failed to consider the totality of circumstances in denying petitioner’s asylum.

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