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Eleventh Circuit

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  • CA11 Finds it Lacks Jurisdiction to Review BIA’s Battered-Spouse Discretionary Decision(761 KB - 10/17/2014)
    The court found it lacked jurisdiction to review the BIA’s order denying the motions to reopen and reconsider, as the BIA’s battered-spouse determination under INA 204 §(a)(1)(A)(iii) was discretionary. (Butalova v. Att’y Gen., 10/7/14)
    AILA Doc. No. 14101755.
  • CA11 Says Florida Aggravated Fleeing Is an Aggravated Felony(501 KB - 10/10/2014)
    The court denied the petition for review, upholding the BIA’s finding that the petitioner’s conviction for aggravated fleeing under Florida statue §316.1935(4)(a) was an aggravated felony and thus was deportable under INA §237(a)(2)(A)(iii). (Dixon v. Att’y Gen., 10/1/14)
    AILA Doc. No. 14101046.
  • CA11 Says Silence in DOS Reports Cannot Rebut Evidence of Torture of Returned Asylum Seekers(510 KB - 9/29/2014)
    The court vacated and remanded the 2013 order of removal, concluding that the silence in the DOS Country Reports could not, without more, rebut evidence presented that petitioner would suffer persecution as a failed asylum seeker if returned to Sri Lanka. (Gaksakuman v. Att’y Gen., 9/18/14)
    AILA Doc. No. 14092941.
  • CA11 Says Beneficiary of Approved I-140 Has Standing to Challenge I-140 Revocation(510 KB - 9/29/2014)
    The court vacated and remanded, holding that an alien who is the beneficiary of an approved I-140, has applied for adjustment of status, and ported under INA §204(j), has standing to challenge the revocation of an I-140 petition. (Kurapati v. USCIS, 9/22/14)
    AILA Doc. No. 14092964.
  • CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver(509 KB - 9/16/2014)
    The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)
    AILA Doc. No. 14091644.
  • CA11 Says Petitioner Failed to Exhaust Argument that She Did Not Commit an Aggravated Felony(540 KB - 9/3/2014)
    The court held the petitioner failed to exhaust her only ground for her expedited removal that her conviction for battery was not an aggravated felony and the BIA did not err when it rejected her withholding and CAT claims relating to sexual orientation. (Malu v. U.S. Att’y Gen., 8/19/14)
    AILA Doc. No. 14090348.
  • CA11 Says Form I-589 Provides Sufficient Notice of Frivolous Filing Consequences(500 KB - 7/14/2014)
    The court held that the written notice provided on I-589 asylum application form is sufficient to meet the statutory requirement in INA §208(d)(4) that an applicant be notified of the consequences of filing a frivolous application. (Ruga v. U.S. Att’y Gen., 7/2/14)
    AILA Doc. No. 14071405.
  • CA11 Vacates and Remands BIA Order Involving Ineffective Assistance of Counsel Claim(489 KB - 5/13/2014)
    Unpublished circuit court decision finding the BIA ignored petitioner’s legal argument that he was eligible for §212(c) relief and was prejudiced by his counsel’s failure to meet the call-up date. Courtesy of Andrea Montavon-McKillip and Ysabel Hernandez. (White v. U.S. Att’y Gen., 5/6/14)
    AILA Doc. No. 14051352.
  • CA11 Denies Petition to Review Asylum Denial in Chinese Forced Sterilization Case(587 KB - 4/3/2014)
    The court found petitioners did not show the IJ and BIA erred in determining a 2006 "official document" from the Birth Control Office was unauthenticated and thus did not err in giving it little or no weight when denying the forced sterilization asylum case. (Wu v. U.S. Att’y Gen., 3/18/14)
    AILA Doc. No. 14040348.
  • CA11 Grants 204(l) Surviving Widow Petition(640 KB - 1/17/2014)
    The court remanded the case, finding that the remarriage bar in the second sentence of the “immediate relatives” definition in INA §201(b)(2)(A)(i) does not apply to plaintiff’s renewed adjustment application under INA §204(l). (Williams v. Sec’y, Dep’t Homeland Sec., 1/17/14)
    AILA Doc. No. 14011720.
 
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