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  • October 24, 2005
    Circuit court judges throughout the nation have sharply criticized the immigration courts' failure to protect due process and uphold fundamental rights.  These decisions have played a significant role in the immigration debate. Cuellar-Lopez v. Gonzales is one of several cases the National…
  • December 4, 2005
    The Seventh Circuit Court of Appeals found that the lower court's adverse credibility determination in Durgac v. Gonzales was not supported by substantial evidence, 430 F.3d 849 (7th Cir. 2005).Read the Seventh Circuit Court of Appeals opinion, 430 F.3d 849 (7th Cir. 2005).
  • March 26, 2006
    The National Immigrant Justice Center argued that the Immigration Judge improperly required corroboration and documentary evidence in this asylum case, but the Seventh Circuit found the Agency’s opinion to be supported by substantial evidence.  The Court of Appeals noted some inconsistencies…
  • May 2, 2006
    In Hanaj v. Gonzales, a forensic laboratory had concluded that certain identity documents supporting Mr. Hanaj's asylum case were fraudulent. Attorneys from the National Immigrant Justice Center who represented Mr. Hanaj during his proceedings before immigration court produced experts to contradict…
  • May 14, 2006
    The petitioner had a fear of torture in her home country, but the lower court ruled that she was not eligible for relief because of drug convictions.Ms. Tunis was a refugee who became briefly addicted to drugs, and had one drug sale conviction during that period.  The issues in the case were (…
  • July 4, 2006
    In Banks v. Gonzales, the Seventh Circuit Court of Appeals recommended a wholesale revision of the way that the courts adjudicate asylum cases, and recommended that the government create a network of experts to help the immigration courts, 453 F.3d 449 (7th Cir. 2006).Read the Seventh Circuit Court…
  • July 5, 2006
    The legal issue in this case was whether the special Naturalization rules for wartime veterans alter the general good moral character rules.  The procedural question was whether the Court of Appeals needed to give Chevron deference to the Agency’s interpretations.  The Court agreed with…
  • August 14, 2006
    The National Immigrant Justice Center (NIJC) filed amicus curiae in support of the petition for rehearing en banc to argue that constitutional arguments about selective prosecution were within the court’s jurisdiction to review. The court granted NIJC leave to appear amicus curiae, but denied the…
  • August 20, 2006
    In Ayi v. Gonzales, the Seventh Circuit Court of Appeals found the immigration judge's finding that Mr. Ayi lacked credibility to be unreasonable, 460 F.3d 876 (7th Cir. 2006). The judge had excluded corroborating evidence such as medical evidence showing Mr. Ayi had suffered torture in his home…
  • August 28, 2006
    Ms. Pronsivakulchai, a citizen of Thailand, applied for asylum based on her fear that the Thai gangs she informed on while helping in a U.S. Drug Enforcement Agency investigation would harm her and possibly kill her if she is deported to Thailand, she applied for asylum protection in the United…