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Tenth Circuit

2011 - 2009 | 2008 - 2007 | 2006 - 2005 | 2004 - 2003 | 2002 - 1998

  • CA10 Remands Nepali Asylum Case, Finds BIA Failed to Properly Consider Evidence(496 KB - 5/7/2013)
    The court remanded the CAT and asylum claims back to the BIA, holding that the BIA failed to consider supporting evidence and that the record compelled the conclusion that the petitioner suffered past persecution by Maoists in Nepal. (Karki v. Holder, 4/30/13) AILA Doc. No. 13050744.
    AILA Doc. No. 13050744.
  • CA10 Writes that Petitioner Abused the Appeal Process(49 KB - 4/26/2013)
    The court denied the petitioner’s motion to reopen removal proceedings, writing that the petitioner abused the appeal process by filing three motions to reopen in the Ninth Circuit instead of in the Tenth Circuit. (Salgado-Toribio v. Holder, 4/23/13) AILA Doc. No. 13042500.
    AILA Doc. No. 13042500.
  • CA10 Finds Deported Plaintiff’s Complaint Is Moot(464 KB - 2/25/2013)
    The plaintiff sought to be returned to the U.S. from Libya after DHS deported him despite a stay of removal. The court held the complaint was moot because he obtained relief when the BIA addressed his motion to reopen on the merits. (Mohamed v. Napolitano, 2/20/13) AILA Doc. No. 13022566.
    AILA Doc. No. 13022566.
  • CA10 Upholds BIA Interpretation of Continuous Physical Presence Statute(506 KB - 11/19/2012)
    The court upheld the BIA’s determination that the petitioner did not satisfy the continuous physical presence requirement for cancellation of removal because his voluntary return to Mexico was under threat of removal proceedings. (Barrera-Quintero v. Holder, 11/15/12) AILA Doc. No. 12111946.
    AILA Doc. No. 12111946.
  • CA10 Denies CAT Relief to Homosexual Applicant from Mexico(487 KB - 10/4/2012)
    The court found that, while the petitioner had established past persecution on account of his homosexuality, DHS proved that changed circumstances in Mexico meant that the petitioner’s life would not be threatened if he were removed. (Neri-Garcia v. Holder, 10/3/12) AILA Doc. No. 12100430.
    AILA Doc. No. 12100430.
  • CA10 Upholds Denial of Asylum Based on Fear of MS-13(472 KB - 8/9/2012)
    The court found that although evidence suggests that gang violence exists in El Salvador, Petitioner failed to prove that she would be singled out and persecuted as a result of her uncles’ military service and anti-gang activities. (Campos-Perez v. Holder, 8/6/12) AILA Doc. No. 12080943.
    AILA Doc. No. 12080943.
  • CA10 on Jurisdiction to Review Citizenship Claim(508 KB - 5/9/2012)
    The court held that it had jurisdiction to review whether the petitioner – who was brought to the U.S. as a baby by her adoptive USC mother - was a citizen, and determined that she was too old to qualify under the CCA for citizenship. (Shepherd v. Holder, 5/8/12) AILA Doc. No. 12050944.
    AILA Doc. No. 12050944.
  • CA10 Finds No Past Persecution in Chinese Asylum Case(479 KB - 2/3/2012)
    The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. (Pang v. Holder, 1/6/12). AILA Doc. No. 12020347.
    AILA Doc. No. 12020347.
  • CA10 Strikes Down Post-Departure Bar Regulation(494 KB - 1/30/2012)
    In an unanimous en banc decision, the court held that a deported noncitizen has the right to file a motion to reopen from outside the U.S., striking down the post-departure bar found in 8 C.F.R. 1003.2(d). (Contreras-Bocanegra, 1/30/12). AILA Doc. No. 12013049.
    AILA Doc. No. 12013049.