Tang v. Holder (unpub)
**Arson/Or. Rev. Stat. § 164.325. COV/ag. fel**
Assuming (as the parties do) that Or. Rev. Stat. § 164.325 does not categorically qualify as a crime of violence, Tang’s conviction for first degree arson constituted an aggravated felony under the modified categorical approach. The judgment makes clear that Tang was found guilty of the crime in Count 1 of the indictment, which mirrors subsection 1(a) of § 164.325. This means the cour tfound that by starting the fire, Tang intentionally damaged the property of someone else. This constitutes a crime of violence under 18 U.S.C. § 16.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/21/09-71507.pdf
Ye v. Holder (unpub)
**MTR/change circumstances**
Ye filed a motion to reopen based on the birth of two children in the United States. The BIA did not abuse its discretion in denying Ye’s motion to reopen as untimely because she filed it 11 years after the BIA issued its final order, and Ye failed to demonstrate changed circumstances in China to qualify for the regulatory exception to the time limit for filing motions to reopen.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/19/07-73284.pdf
Tan v. Holder (unpub)
**MTR, changed circumstances**
The BIA did not abuse its discretion in denying Tan’s third motion to reopen as number-barred and untimely where the motion was filed nineteen years after the final order of deportation was entered in his case, and Tan failed to establish changed circumstances in China to qualify for the regulatory exception to the time limitation.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/19/07-72718.pdf
Feng Min v. Holder (unpub)
**Withholding, forced abortion; credibility**
Substantial evidence does not support the agency’s denial of petitioners’ withholding of removal claim because Feng Min established that she suffered a forced abortion when she was coerced into having an abortion to keep her job. Further, the agency improperly required corroboration after finding Feng Min credible.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/19/07-72515.pdf
Mejia-Garcia v. Holder (unpub)
**Cancellation, continuous presence**
Substantial evidence supports the agency’s finding that Mejia-Garcia failed to establish the requisite continuous physical presence where the record contains a signed Notice and Request for Disposition form stating that he was giving up his right to a hearing before an IJ and agreeing to return to Mexico.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/13/08-70082.pdf
Calling all readers!
I would like to get feedback on how helpful this blog is, and what I can improve. I have already received a suggestion to include summaries of new USCOTUS immigration cases, which I will start doing. I am also going to include an acronym page under “About this blog.” Any other suggestions? Thanks for visiting!
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