Burden of proof as to existence of conviction

Posted on September 24, 2009 by Mike Baker

Barradas v. Holder, No. 08-3440 (9/23/09) burden of proof as to existence of conviction, Compelled Testimony, Excessive Interrogation by IJ

Barradas v. Holder (Tinder)
Oral Argument | Full Text

Record contained sufficient evidence to support IJ’s finding that lawful permanent resident was removable on grounds that he had abetted other aliens to enter U.S. unlawfully. While govt. failed to produce court record regarding defendant’s prior guilty plea to charge of alien smuggling, govt. could use criminal complaint, Forms I-213 and I-831, as well as evidence of defendant’s guilty plea to said offense to satisfy its burden of proof as to existence of conviction. Ct. also rejected alien’s argument that IJ denied him due process by implying that he would take adverse inference if alien refused to take witness stand, and by questioning alien regarding underlying facts of alien smuggling charge. Here, the court deferred to the Attorney General’s regulation for determining what kinds of evidence may be used to prove a criminal conviction in immigration proceedings, 8 C.F.R. § 1003.41. Subsection (d) of this regulation provides that “[a]ny . . . evidence that reasonably indicates the existence of a criminal conviction may be admissible as evidence thereof.” 8 C.F.R. § 1003.41(d). The Federal Rules of Evidence do not apply in immigration proceedings. Doumbia v. Gonzales, 472 F.3d 957, 962 (7th Cir. 2007). Evidence is admissible so long as it is probative and its admission is fundamentally fair. Rosendo-Ramirez, 32 F.3d at 1088. The court allowed the admission of Forms I-213 to prove the truth of their contents. See Rosendo-Ramirez, 32 F.3d at 1089.

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Compelled Testimony, Excessive Interrogation by IJ | Leave a comment

Indian national’s withholding of removal

Posted on September 21, 2009 by Mike Baker

Patel v. Holder, No. 08-3067 (09/16/09) withholding of removal; lack of jurisdiction, India

Patel v. Holder (Wood)
Oral Argument | Full Text

Petition for review of BIA’s denial of Indian national’s application for withholding of removal is denied and dismissed in part where: 1) petitioner’s request for continuance is dismissed for lack of jurisdiction and in the alternative denied for lack of merit; 2) BIA’s finding that petitioner did not have a well-founded fear of persecution was supported by reasonable, substantial, and probable evidence; and 3) petitioner’s claim of ineffective assistance of counsel is dismissed for lack of jurisdiction. Record contained sufficient evidence to support IJ’s denial of alien’s application for withholding of removal based on past persecution where alien testified that physical attacks that occurred in native country were motivated by business reasons, as opposed to his religion or political activities.

Posted in 7th Circuit, 7th Circuit Cases- Aliens, India, withholding of removal; lack of jurisdiction | Leave a comment

motion to reopen removal proceeding

Posted on August 28, 2009 by Mike Baker

Ishitiaq v. Holder, No. 08-2834 (08/25/09) Pakistan, Sunni Muslim CAT

Ishitiaq v. Holder (Williams)
Oral Argument | Full Text

Petition for review of an order denying withholding of removal is denied where there is insufficient evidence that compels the conclusion that it is more likely than not that defendant will face persecution if returned to his home country.
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Joseph v. Holder, No. 08-2393 (08/27/09) motion to reopen

Joseph v. Holder (Wood)
Oral Argument | Full Text

Petition for review of the BIA’s denial of a Pakistani petitioner’s motion to reopen removal proceedings is granted and remanded where the BIA committed legal error in adopting an overly narrow interpretation of 8 C.F.R. section 1003.2(c)(3)(ii) that runs counter to the plain language of the regulation.

Posted in 7th Circuit, 7th Circuit Cases- Aliens | Leave a comment

Hassan v. Holder. CAT relief, Ethiopia

Posted on July 15, 2009 by Mike Baker

Hassan v. Holder, No. 08-1535 (7/02/09) adverse credibility
Hassan v. Holder (Tinder)
Oral Argument | Full Text

Petition for review of an order denying asylum, withholding of removal, and relief under the Convention Against Torture is denied where: 1) the agency’s adverse credibility determination, based on material inconsistencies between plaintiff’s asylum application and hearing testimony, is supported by substantial evidence; and 2) substantial evidence supports the agency’s finding that plaintiff failed to show failed to show past political persecution, and failed to show a well-founded fear of future persecution.
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US v. Kedjouti, No. 08-3732 (7/09/09) Algerian Withholding of removal

Hassan v. Holder (Flaum)
Oral Argument | Full Text

Petition for review of an order denying withholding of removal is denied where there is insufficient evidence that compels the conclusion that it is more likely than not that defendant will face persecution if returned to his home country, Algeria.
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Immigration Judge Benchbook online

Posted on June 8, 2009 by Mike Baker

June 4, 2009


EOIR Provides Public Access to “Immigration Judge Benchbook”

Vital Reference Handbook for Immigration Judges Is Accessible Online


FALLS CHURCH, Va. – The Executive Office for Immigration Review (EOIR) announced that it has posted the “Immigration Judge Benchbook” (Benchbook) online, as part of ongoing efforts to better meet the information needs of the people it serves. The general public can now view the many reference materials that the nation’s immigration judges use daily to conduct immigration proceedings and carry out crucial decision-making responsibilities. Moreover, providing public access to the Benchbook is in line with EOIR’s efforts to promote greater accountability and transparency of agency operations. The Benchbook is available on EOIR’s website at http://www.usdoj.gov/eoir/vll/benchbook/index.html.

EOIR initially established the Benchbook in 1985, as a reference guide developed by immigration judges for use by immigration judges. In 2007, EOIR revamped the Benchbook in an innovative attempt to merge solid legal reasoning with the latest technology available. As a result, the Benchbook is now a vital, up-to-date interactive resource that includes:

  • Tools (such as checklists, worksheets, forms, introductory guides, and sample orders) that help immigration judges prepare for various proceedings.
  • An interactive template that helps immigration judges build clear, concise, and well-reasoned decisions.
  • Internet links and search tools that provide immigration judges quick access to helpful legal resources.
  • “Alerts” that promptly advise immigration judges of relevant legal and policy changes, as well as Benchbook updates.

Information about appearing before immigration judges in immigration court is available in EOIR’s Immigration Court Practice Manual, which can be found on EOIR’s website at http://www.usdoj.gov/eoir/vll/OCIJPracManual/ocij_page1.htm.

The Benchbook now complements the Immigration Court Practice Manual and the Board of Immigration Appeals Practice Manual (http://www.usdoj.gov/eoir/vll/qapracmanual/ apptmtn4.htm) in providing helpful information to the people EOIR serves.


The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—who are charged by the Department of Homeland Security with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.

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