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RECENT NEW & REMANDS

where the Immigration Judge got it wrong on first ruling

INEFFECTIVE ASSISTANCE OF COUNSEL . No Immigration Warning . VACATED . Fraud over $10K Loss to Victim . California . After Padilla, the Central District of California granted a Coram Nobis Motion on the basis that counsel never informed Defendant of immigration consequences of plea (aggravated felony). [Song, C.D.Cal, June 27, 2011]

Evidence . REMAND . Motion to Reopen . MEXICO .  Non-receipt of BIA Order . BIA did not properly consider evidence the Respondent did not receive BIA order mailed. [Rosete, CA9 October 1, 2010 unpublished]

Evidence . REMAND . Motion to Reopen . CHINA . Materiality . Materiality of evidence must be analyzed/discussed before denying Motion to Reopen filed on basis of changed country circumstances. [Zheng, CA3 October 4, 2010, unpublished]

Procedure . ADMINISTRATIVE NOTICE . REMAND . Damdami Taksal . INDIA . Controversies . Administrative notice taken of controversial facts as a substitution for evidence compromises fairness to individual litigants. [Singh, W.D. Wash September 28, 2010]

Missed Hearing . REMAND . Medical Reasons . INDIA . Doctor's Letter . IJ erred in refusing to accept medical condition as excuse of missing hearing because Respondent had doctor's letter. [Kaur, CA9 October 1, 2010 unpublished]

Motion to Reopen . REMAND . Evidence Consideration . MEXICO . Non-receipt of BIA  Order . BIA did not properly consider evidence the Respondent did not receive BIA order mailed. [Rosete, CA9 October 1, 2010 unpublished]

Motion to Reopen . REMAND . Evidence . CHINA . Materiality . Materiality of evidence must be analyzed/discussed before denying Motion to Reopen filed on basis of changed country circumstances. [Zheng, CA3 October 4, 2010, unpublished]

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BOND ISSUES

Under development, ...

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REMOVAL PROCEDURAL ISSUES

Under development, ...