Case Summaries
Immigration Law
[05/13]
Ukpabi v. Mukasey
Denial of a motion for a continuance in a removal proceeding is affirmed where: 1) there was no evidence that an IJ abused her discretion in denying the motion; 2) there was no violation of international law; and 3) there is no due process right to a continuance while a pending visa petition is fully adjudicated.
[05/12]
Bennett v. Mukasey
Motion to recall a mandate and reinstate a petition for review of a BIA decision is granted where a lawyer's practice of accepting an initial retainer fee and then deliberately failing to take required action due to non-payment of additional fees, thereby permitting his client's petition to be dismissed, was unacceptable.
[05/12]
Mendez v. Mukasey
Petition for review of a denial of cancellation of removal on grounds that petitioner had not demonstrated that his removal would cause exceptional and extremely unusual hardship to his US citizen children is dismissed where: 1) under binding precedential decisions, the determination of whether exceptional and extremely unusual hardship was present for the purposes of cancellation of removal is committed to the Attorney General's discretion; and 2) thus, the circuit court lacked jurisdiction to review such a determination.
[05/06]
Silaya v. Mukasey
Petition for review of a denial of an application for asylum and related relief brought by a native of the Philippines is granted with respect to the asylum claim where: 1) the rape and physical abuse inflicted on petitioner supported a finding of past persecution under 8 U.S.C. section 1101(a)(42)(A); and 2) the record compelled a finding that petitioner was subjected to past persecution on account of imputed political opinion.
[05/06]
Zoarab v. Mukasey
Petition for review of a denial of asylum and related relief is denied where there was little in the record to suggest that petitioner's comments about a soured business deal with a prince amounted to political speech, for purposes of a claim that he was entitled to asylum in light of the circumstances of the monarchical government in the United Arab Emirates, where any expression against the integrity of a royal family member is said to constitute political expression.
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