Posts Tagged ‘immigration judge’

BIA Has Authority to Expand List of “Particular Serious Crimes” Which Would Limit Asylum Claims

Delgado v. Holder (9th Cir. 8/19/2011) Most folks with a passing understanding of immigration law know that certain crimes will lead to the denial of immigration benefits or removal.  For instance, you would be ineligible for asylum if you were convicted of an aggravated felony, regardless of how meritorious your claim of persecution may be.  […]

Fraud by Immigration Consultant May Toll Deadline for Asylum Cases

Viridiana v. Holder (7/20/2011) One of the things to keep in mind about filing for asylum in the U.S. is the one year deadline. That is, an asylum application must be filed within one year of entering the country. Applications filed late, even if they are meritorious, will not be considered. One year may seem […]

ISAP

I get quite a few questions about the Intensive Supervision Appearance Program (“ISAP”), particularly when the person is requested to wear an ankle GPS device. Here are my observations so far: If you want to have the ankle device removed, you must file a formal request with an immigration judge right away, as in TODAY. Normally, […]

Ninth Circuit Lays Out Procedure for Appeal of Denial of Bond Hearing

Leonardo v. Crawford (9th Cir. 5/13/2011) In 2008, the Ninth Circuit decided Casas-Castrillon v. DHS, which held that aliens detained pending completion of their removal proceedings are entitled to a bond hearing before an immigration judge to determine whether their ongoing detention is justified.  While a very important case for those in detention, there were […]

Cancellation of Removal Applicant Entitled to Full and Fair Hearing

Cruz Rendon v. Holder (9th Cir. 2010) In a harsh rebuke to a sitting immigration judge, the 9th Circuit ruled that the judge’s conduct deprived an applicant for cancellation of removal a full, fair, and impartial hearing. The applicant, Cruz Rendon, was a citizen of Mexico who entered the United States illegally in 1990.  In […]

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