7th Circuit, Aliens, Immigration case law updates, Asylum

Mekhael v. Mukasey
11/16/07 No. 06-4285

Christian Lebanese citizen's petition for review of a denial of a motion to reopen asylum proceedings is granted and the matter remanded where BIA failed to give reasoned consideration to post-hearing evidence, including the 2006 war between Israel and Hezbollah, as well as increased violence against Christians in Lebanon following the publication in Denmark of cartoons caricaturing the Prophet Muhammad.

Zheng v. Mukasey
11/09/07 Case Number: 07-3673

A motion seeking a stay of petitioner's removal to China pending review
of the dismissal of his original asylum claim and a denial of his motion
to reopen the asylum proceedings is denied as: 1) the motion was
untimely as far as the original asylum claim was concerned; and 2)
petitioner failed to establish that he was entitled to a stay as to the
other claim.

Bolante v. Keisler
10/31/07 Case Number: 07-2550

A motion for release on bail by an asylum applicant is denied where: 1)
a grant of a bail would conflict with the Attorney General's
non-reviewable discretion to deny parole to asylum-seekers; and 2) the
petitioner's entry visa was revoked prior to his arrival in the U.S.,
thus he was not lawfully admitted to the U.S. for constitutional
purposes, and had no right to be released.

Mohammad Hussain v. Keisler
10/24/07 Case Number: 06-2932

Petition for review of an order of voluntary departure is denied where:
1) petitioner filed an asylum application but later withdrew it in
exchange for a longer period of voluntary departure; and 2) the court
lacks jurisdiction over petitioner's claim that his obligation to
register pursuant to the National Security Entry-Exit Registration
System led to the initiation of removal proceedings against him and
violated his right to equal protection of the laws.

US v. Pacheco-Diaz
10/23/07 Case Number: 05-2264

Sentence for illegal reentry is affirmed over defendant's arguments
that: 1) a prior Illinois conviction for simple possession of marijuana
was insufficient to trigger an eight-level enhancement; 2) the district
court misapprehended the scope of its discretion when it declined to
further reduce his sentence for acceptance of responsibility; and 3) his
sentence was unreasonable because the court failed to meaningfully
consider the unwarranted disparity between his sentence and the
sentences of similarly situated defendants in fast-track jurisdictions.

Potdar v. Kiesler, No. 06-2441 (10/10/07).

Petition for Review, order of Bd. of Immigration Appeals. Petition
denied. Petition for review of an order vacating an earlier order to
reopen removal proceedings is denied where the court did not have
jurisdiction to review the denial of petitioner's motion for a
continuance.

Ct. of Appeals lacked jurisdiction to consider alien's appeal of Bd.'s
order denying alien's request to reopen and terminate exclusion hearing
in order to allow alien to proceed on his application for adjustment to
permanent resident status. Alien's motion to reopen was essentially
request for continuance of exclusion proceedings, which, under Ali,
precludes any review of denial by Ct. of Appeals.

Tariq v. Keisler, No. 06-2518 (10/9/07). Petition for Review, Order of
Bd. of Immigration Appeals. Petition denied.

Record contained sufficient evidence to support IJ's denial of asylum
request by alien (native of Pakistan) where alien alleged that he and
his family were persecuted by creditor while in Pakistan, and that he
would be subject to future persecution based on his Western upbringing
if forced to return to native country. Alien's asylum petition, which
was filed more than 1 year after alien reached age of majority, was
untimely. Moreover, alien could not base application for withholding of
removal on acts of creditor where: (1) creditor was mere private
citizen; (2) alien could not demonstrate that harm done by creditor was
on account of alien's membership in particular social group; and (3)
alien failed to present evidence that his Western upbringing would cause
individuals in Pakistan to attribute any political opinion to him.

Ali v. Gonzales, No. 06-3240 Petition for review of a denial of a
request for a continuance and subsequent motion for reconsideration is
dismissed for lack of jurisdiction where: 1) the jurisdiction-stripping
provision of section 242(a)(2)(B)(ii) of the Immigration and Nationality
Act (INA) generally precludes judicial review of continuance decisions
of immigration judges; and 2) selective prosecution claims by aliens are
largely barred by 8 U.S.C. section 1252(g), and petitioner's claims of
discrimination were insufficient to invoke the exception for outrageous
cases. (9/14/07)

Moab v. Gonzales, No. 06-2710 (9/13/07). Petition for Review, Order of Bd. Of Immigration Appeals. Petition granted.

Record failed to support Bd.’s finding that alien was not credible in his asylum and withholding of removal applications where alien alleged that he endured beatings in his native country (Liberia) because he was homosexual. While Bd.’s credibility determination was based largely on fact that alien failed to mention his homosexuality in airport interview, airport interviews are not always reliable indicators of credibility, and alien’s alleged homosexuality was consistently mentioned in his asylum application.

Kadia v. Gonzalez No. 06-1299 (9/7/07). Petition for Review, Bd. of Immigration Appeals. Petition granted.

Record failed to support IJ's denial of asylum petition by alien (native of Cameroon) who alleged that he would be persecuted because of his political beliefs if forced to return to native country. While IJ found alien to be incredible based on perceived inconsistencies between his testimony and his statements made in asylum application, Ct. determined that said inconsistencies either pertained to trivial facts or were not in fact inconsistent statements. IJ also improperly questioned alien by failing to give alien full opportunity to explain events supporting his asylum claim.

Peralta-Cabrera v. Gonzalez, No. 06-2254 (9/7/07). Petition for Review, Order of Bd. of Immigration Appeals. Petition granted.

Bd. erred in denying alien's motion to reopen asylum proceedings based on contention that alien was entitled to new hearing because he never received notice of asylum hearing and because deportation order was entered in absentia. Record showed that notice was sent via certified mail to address given by alien, but that, pursuant to post office policy, post office never attempted to deliver said notice because it was not addressed to alien "in care of" actual home owner. Ct. further found that govt., which was aware that alien was staying temporarily with home owner, had responsibility to ensure that notice would be delivered in compliance with postal policy.

Chicago Immigration Judge Reports — Asylum grants and denials, fiscal year 2000 through the early months of 2005

Chicago Immigration Judge Reports — Asylum Grants and Denials

The data and analyses is from The Transactional Records Access Clearinghouse (TRAC), a data gathering, data research and data distribution organization associated with Syracuse University. Comprehensive, independent and nonpartisan information about U.S. federal immigration enforcement.
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"Judge O. John Brahos was appointed as an Immigration Judge in October 1982. He received an undergraduate degree in 1956 from De Paul University, College of Commerce, and a Juris Doctorate from De Paul University, College of Law, in 1959. Prior to joining the Executive Office for Immigration Review, he served as general attorney, trial attorney, supervisory general attorney, and attorney examiner from 1971 to 1982 for the former Immigration and Naturalization Service in Chicago. Judge Brahos also served as an alternate member on the Board of Immigration Appeals in 1991, 1993, and 1994. He is a member of the Illinois Bar.

Judge Brahos decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Brahos is recorded as deciding 649 asylum claims on their merits. Of these, he granted 172, gave 2 conditional grants, and denied 475. Converted to percentage terms, Brahos denied 73.2 percent and granted (including conditional grants) 26.8 percent.

For Judge Brahos , the largest group of asylum seekers appearing before him came from Guatemala . Individuals from this nation made up 9.6 % of his caseload. Other nationalities in descending order of frequency appearing before Judge Brahos were: China (8.8 %), Yugoslavia (7%), El Salvador (5.8%), Bulgaria (4.9%).

In the nation as a whole during this same period, major nationalities of asylum seekers, in descending order of frequency, were China (22.3%), Haiti (9.3%), Colombia (9.1%), Albania (4.0%), India (3.9%), Guatemala (3.4%), Indonesia (3.0%), El Salvador (2.4%), Armenia (2.1%), Mexico (1.9%), and Russia (1.9%)."
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"Judge Samuel Der-Yeghiayan was appointed Immigration Judge in December 2000. He received his B.A. from Evangel College in 1975 and his J.D. from Franklin Pierce Law Center in 1978. Judge Der-Yeghiayan was selected in 1978 as a trial attorney for the Immigration and Naturalization Service (INS) in Chicago under the Attorney General's Honor Program. In 1981, he was promoted to the position of district counsel for the Chicago District of the INS where he served until his appointment as an Immigration Judge in December 2000. He received the INS "District Counsel of the Year" award in 1998 and the Frank J. McGarr award for "Outstanding Government Attorney of the Year" in 1986 from the Chicago Chapter of the Federal Bar Association. He is a member of the Illinois Bar and the U.S. Supreme Court.

Detailed data on Judge Der-Yeghiayan decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Der-Yeghiayan is recorded as deciding 258 asylum claims on their merits. Of these, he granted 80, gave 1 conditional grants, and denied 177. Converted to percentage terms, Der-Yeghiayan denied 68.6 percent and granted (including conditional grants) 31.4 percent." ____________________________________________________________

"Judge Jennie L.Giambastiani was appointed as an Immigration Judge in May 2002. She received a Bachelor of Arts degree in 1983 from Loyola University of Chicago, and a Juris Doctorate from Loyola University School of Law in 1986. Prior to becoming an Immigration Judge, from April 1987 until May 2002, Judge Giambastiani served as district counsel, deputy district counsel, assistant district counsel, and supervisory legalization officer for the former Immigration and Naturalization Service in Chicago. Judge Giambastiani is a member of the Illinois Bar.

Detailed data on Judge Giambastiani decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Giambastiani is recorded as deciding 274 asylum claims on their merits. Of these, she granted 101, gave 12 conditional grants, and denied 161. Converted to percentage terms, Giambastiani denied 58.8 percent and granted (including conditional grants) 41.2 percent.

For Judge Giambastiani , the largest group of asylum seekers appearing before her came from China . Individuals from this nation made up 16 % of her caseload. Other nationalities in descending order of frequency appearing before Judge Giambastiani were: Guatemala (10.2 %), Albania (8.7%), Iraq (4%), Ukraine (4%)."
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"Judge James R. Fujimoto was appointed as an Immigration Judge in June 1990. He received an undergraduate degree in 1976 from the University of Chicago, and a Juris Doctorate from DePaul University in 1979. Judge Fujimoto was a partner in the law firm of Alexander, Fennerty & Fujimoto in Chicago from 1981 to 1990. From 1978 to 1981, he served as a law clerk and then associate attorney for Masuda, Funai, Eifert & Mitchell, also in Chicago. Judge Fujimoto is a member of the Illinois Bar.

Detailed data on Judge Fujimoto decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Fujimoto is recorded as deciding 736 asylum claims on their merits. Of these, he granted 222, gave 9 conditional grants, and denied 505. Converted to percentage terms, Fujimoto denied 68.6 percent and granted (including conditional grants) 31.4 percent."
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"Judge Carlos Cuevas was appointed as an Immigration Judge in February 1994. He received a Bachelor of Arts degree from DePaul University in 1979, and a Juris Doctorate from DePaul University, College of Law, in 1982. From 1989 to 1994, Judge Cuevas served as an administrative law judge with the Illinois Human Rights Commission in Chicago. From 1986 to 1989, he was in private practice in Chicago. Judge Cuevas served as an attorney with the Legal Assistance Foundation of Chicago from 1982 to 1986. He is a member of the Illinois Bar. Detailed data on

Judge Cuevas decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Cuevas is recorded as deciding 703 asylum claims on their merits. Of these, he granted 314, gave 20 conditional grants, and denied 369. Converted to percentage terms, Cuevas denied 52.5 percent and granted (including conditional grants) 47.5 percent.

For Judge Cuevas , the largest group of asylum seekers appearing before him came from Guatemala . Individuals from this nation made up 12.2 % of his caseload. Other nationalities in descending order of frequency appearing before Judge Cuevas were: China (7 %), Yugoslavia (5.6%), Albania (5.5%), El Salvador (4.6%)." __________________________________________________________

"Judge Craig M. Zerbe was appointed as an Immigration Judge in August 1985. He received a Bachelor of Arts degree. from La Salle College in 1970, and a Juris Doctorate from Temple University Law School in 1975. From 1980 to 1985, Judge Zerbe served as general attorney in the Litigation Division at the former Immigration and Naturalization Service in Chicago. From 1970 to 1972, he served in the U.S. Army. Judge Zerbe is a member of the Pennsylvania Bar.

Detailed data on Judge Zerbe decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Zerbe is recorded as deciding 773 asylum claims on their merits. Of these, he granted 318, gave 9 conditional grants, and denied 446. Converted to percentage terms, Zerbe denied 57.7 percent and granted (including conditional grants) 42.3 percent.

For Judge Zerbe , the largest group of asylum seekers appearing before him came from China . Individuals from this nation made up 9 % of his caseload. Other nationalities in descending order of frequency appearing before Judge Zerbe were: Guatemala (8.8 %), Albania (7.5%), Bulgaria (4.9%), Pakistan (4.8%)." ___________________________________________________________

"Judge Robert D. Vinikoor was appointed as an Immigration Judge in January 1984. He received a Bachelor of Science degree from the University of Delaware in 1971, and a Juris Doctorate from the University of Baltimore in 1976. From 1982 to 1984, he was a special assistant U.S. attorney at the U.S. Attorney's Office in Chicago. He also served as trial attorney in Chicago, and general attorney in Miami, Florida, with the former Immigration and Naturalization Service from 1976 to 1982. Judge Vinikoor also serves as an adjunct professor at Loyola University School of Law. Judge Vinikoor is a member of the Maryland, New Jersey, Florida, and Illinois Bars.

Detailed data on Judge Vinikoor decisions are available for the period covering fiscal year 2000 through the early months of 2005. During this period, Judge Vinikoor is recorded as deciding 1015 asylum claims on their merits. Of these, he granted 239, gave 19 conditional grants, and denied 757. Converted to percentage terms, Vinikoor denied 74.6 percent and granted (including conditional grants) 25.4 percent.

For Judge Vinikoor, the largest group of asylum seekers appearing before him came from China . Individuals from this nation made up 11 % of his caseload. Other nationalities in descending order of frequency appearing before Judge Vinikoor were: Guatemala (9.7 %), Albania (5%), Somalia (4.1%), El Salvador (3.6%)."