Immigration Removal; motions to reopen Where an alien did not timely file a motion to reopen a removal order, his petition must be dismissed for lack of jurisdiction. “Tapia received the order on November 1. His signature is on the order; so is his thumbprint. Perhaps the Department did not ‘serve’ the order in the sense of mailing an additional ...

10-8035, 10-8036, 10-8039, 10-8040, 10-8041, 10-8042 & 10-8048 Koral v. Boeing Co.

January 4, 2011 3:35 pm

Civil Procedure Class actions; removal Individual suits cannot be removed to federal court based only on an expectation that the cases will be consolidated into a class action. “The proposal must be to the court in which the suits are pending, but if the plaintiffs’ statement to the state court that we quoted was a proposal it was a proposal ...

10-1401 Lin v. Holder

December 23, 2010 3:05 pm

Immigration Asylum; removal; credibility determinations An IJ did not err when she made an adverse credibility determination regarding appellant’s claims in an asylum application that the Chinese government had forced his wife’s abortion and sterilization, where there were inconsistencies in his testimony and the DHS submitted evidence that the certificates of those procedures were falsified. “Turning to the IJ’s adverse ...

09-3065 Champion v. Holder

November 22, 2010 3:15 pm

Immigration Removal; undue hardship It was error to deny a request for cancellation of removal based on undue hardship to the claimant’s children, on the basis that the claimant’s husband could care for them, when the husband also faced removal. “We find that Champion’s allegation that the BIA ignored the evidence she presented concerning Yomi’s potential deportation was a good ...

09-3017 Mozdzen v. Holder

September 7, 2010 4:03 pm

United States Court of Appeals CIVIL OPINIONS Immigration Removal Even if aliens did not engage in fraud in obtaining I-551 passport stamps, they are removable where they did not obtain them leally. “The Mozdzens argue that they were lawfully admitted in 1999, but the definition of admission for an alien and someone with LPR status differ. For an alien, admission ...