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  • September 11, 2007
    In light of the Supreme Court's decision in Lopez v. Gonzales, the next question for the courts is whether a second drug possession offense is a drug trafficking offense and thus an aggravated felony. The Board of Immigration Appeals (BIA) has never issued a published decision on this question…
  • September 12, 2007
    In this case the Seventh Circuit recognized that asylum seekers fleeing persecution based on their sexual orientation face particular obstacles when they begin the process of seeking asylum in the United States. Dominic Moab, a Liberian man living in Chicago, sought asylum in the United States…
  • September 13, 2007
    The Seventh Circuit Court of Appeals found that the immigration judge and the Board of Immigration Appeals did not properly consider the evidence in a petition for withholding of removal and protection under the Convention Against Torture. Mr. BinRashed’s father was active in a government…
  • September 13, 2007
    In Walji v. Gonzales, the Fifth Circuit Court of Appeals rejected the U.S. government's attempts to prevent naturalization applicants whose cases have been delayed by a backlog in FBI background checks from taking their cases to federal court. Shabir Hussein Walji, a Ugandan native and…
  • September 19, 2007
    The National Immigrant Justice Center has filed a series of mandamus cases to challenge the government's delay in adjudicating our clients' citizenship applications. We plan to continue filing these cases to highlight the need for the government to fix problems caused by lengthy delays in FBI name…
  • November 15, 2007
    In the case of Mekhael v. Mukasey, the Seventh Circuit Court of Appeals delivered a stinging rebuke to the immigration courts and Board of Immigration Appeals (BIA) when it ordered the review of a case of a Lebanese asylum seeker and called for the Department of Justice to allocate more resources…
  • December 18, 2007
    The National Immigrant Justice Center (NIJC) filed an amicus brief in this case, which argues that in some instances, the statute and Constitution require court-appointed counsel for detained immigrants.Under current U.S. law, non-citizens have no right to court-appointed counsel during immigration…
  • January 6, 2008
    In Eke v. Mukasey, a non-attorney immigration officer entered an “administrative removal” order finding that the client’s fraud conviction was an aggravated felony.  In fact, the legal question of whether the conviction is an aggravated felony was very complex.  The Seventh Circuit…
  • June 12, 2011
    Flores Villar v. United States (Supreme Court, NIJC as amicus) In Flores-Villar, an individual defended himself against a charge of illegal reentry by claiming that it would be unconstitutional and violative of Equal Protection to consider him an alien.  The relevant statute provided that a…
  • January 13, 2008
    This decision is one in a series of decisions from the Seventh Circuit criticizing the immigration courts for unjust decisions.Mr Bosede fled to the United States in 1980 and became a permanent resident two years later. He married a U.S. citizen and has two children, and became active in his…