US Immigration News & Commentary

   * Ochoa-Amaya v. Gonzales

   * Gonzales-Gonzales v. Weber

Ticoalu v. Gonzales (12/28/06 – No. 05-1620)
A decision denying Indonesian petitioner’s application for asylum and withholding of removal, and declining to grant his motion to remand is reversed in part as to the BIA’s denial of the motion to remand where it was an abuse of discretion not to consider a timely periodical article reporting violence in central Sulawesi, or to address whether an order granting asylum to petitioner’s brother was material to his claim.
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http://laws.lp.findlaw.com/1st/051620.html

U.S. 9th Circuit Court of Appeals

Ochoa-Amaya v. Gonzales (12/29/06 – No. 05-74693)
A petition for review of a denial of petitioner’s motion to reopen to allow consideration of his application for adjustment of status is denied where the BIA properly interpreted the relevant language of the Child Status Protection Act (CSPA) in finding that petitioner did not qualify as a child under the CSPA, and thus could not show statutory eligibility for adjustment of status.

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http://caselaw.lp.findlaw.com/data2/circs/9th/0574693p.pdf

U.S. 10th Circuit Court of Appeals

Gonzales-Gonzales v. Weber (12/27/06 – No. 04-1181)
In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.
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http://laws.lp.findlaw.com/10th/041181.html