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“Man Fights Deportation By Invoking His Former Gang Ties”
Stalled
Worker Visas Solved in U.S. Courts
Feds To Deport Illegals From Prisons, Jails
Appeals
court overturns Cupertino exporter's conviction
Results
Selected Cases In the Ninth Circuit Court of Appeals:
United
States v. Jiang, 476 F.3d 1026 (9th Cir. 2007)
(published case reversing 18 U.S.C. 1001 conviction in which
the defendant, a Chinese national, was charged was making
a false statement to a government officer. There was no recording
of the statement, there was language barrier, the agent could
not recall the precise question asked, and the defendant produced
supporting documentation that demonstrated that his answer
was a literally true response. The Court held that there was
insufficient evidence to support the conviction.)
Click
here to see the opinion on the above case.
Ruiz-Flores v. Gonzales, No. 05-72723 (9th Cir. July
16, 2007) (prevailed on claim that
the Board of Immigration Appeals failed to properly analysis
an ineffective assistance of counsel claim. Clients are Mexican
family seeking cancellation of removal.)
Vu v. Gonzales, No. 04-70937 (9th Cir. 2007) (prevailed
on claim that Board of Immigration Appeals abused its discretion
in denying a motion to reopen based on ineffective assistance
of counsel. Vietnamese national had applied for asylum and
withholding after being tortured by government authorities.
His first attorney erred by failing to object to translation
problems at his hearing and failing to object to the immigration
judge's improper quiz of his religious convictions.)
Freire v. Ashcroft, No. 03-71520 (9th Cir. 2005)
(prevailed on claim that Ninth Circuit had jurisdiction to
consider constitutional challenge to the immigration judge's
determination that no exceptional circumstances excused asylum
applicant's failure to apply for relief within one year of
entry. Asylum applicant was a gay man from Brazil who had
been arrested, beaten, and abused by the police on multiple
occasions. The last beating left him crippled.). This was
the first federal court to conclude that Congress did not
divest jurisdiction from the federal courts to review constitutional
challenges to an Immigration Judge's determination that it
erred in finding that no exceptional circumstances excused
an untimely asylum application.
Zaidi
v. Gonzales, No. 03-74195 (9th Cir. 2005)
(prevailed on claim that failure of client's
prior attorney to file a timely notice of appeal prejudiced
client's ability to present his asylum claim. The asylum applicant,
a native of Pakistan, was fleeing from the authorities who had
brutally tortured him on multiple occasions and from his political
opponents who branded political slogans on his chest and burned
down his house in retaliation for his failure to join their
cause.).
DISTRICT COURT
Jean
v. Chertoff, No. 06-CV-06919 (Declaratory relief and action
pursuant to 8 U.S.C. § 1447(b) Seeking
judicial review over a client's eligibility for citizenship.
Complaint alleged jurisdiction for government's failure to
timely adjudicate a naturalization application. Complaint
alleged that client's expunged conviction for a 1992 crime
was not an aggravated felony under immigration law and therefore
not a bar to naturalization. The case was resolved through
a settlement and the client naturalized.)
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