Petitioner’s Ignorance of Christian Doctrine

The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)

“Derivative Citizenship” under former INA §321(a)

The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)

Case involving separate claims of a couple from Egypt

In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)

The court dismissed Petitioner’s claim as administratively unexhausted

The court dismissed Petitioner’s claim as administratively unexhausted, but implored its colleagues that when a similar case is next presented, to hold that slight tardiness to one’s hearing does not qualify as a failure to appear. (Camaj v. Holder, 11/8/10)

Source of the children’s support in the event of Petitioner’s deportation

The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)

EOIR announces on the new six Immigration Judges

EOIR announcement on the appointment of six new immigration judges who will preside in immigration courts in Eloy, AZ, Lumpkin, GA, Memphis, TN, and Port Isabel and San Antonio, TX.

32 individuals from the Atlanta area were arrested by Fugitive Operations Teams

ICE announcement that 32 individuals from the Atlanta area were arrested by Fugitive Operations Teams (FOT). Those arrested include individuals with prior criminal convictions, prior deportations, or outstanding final orders of deportation issued by an immigration judge.

Post-conclusion Voluntary Departure

An alien is not precluded from post-conclusion voluntary departure under INA §240B(b)(1), where the request is raised for the first time after IJ issuance of the removal order, but prior to the conclusion of the hearing.

BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose

As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)

IJ’s decision to terminate proceedings resulted in no final order of removal

The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)

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