Doroteo Sicajau Corzojay v. Holder, No. 11-4916-1g (2d Cir. 7-31-2013)
Middle of the night warrantless home raid found to be an egregious constitutional violation justifying exclusion of all evidence obtained through the unlawfull ICE behavior. Physical harm is not necessary to establish egregious conduct.
Jose Pretzantzin, et al. v. Holder, No. 11-2867-ag (2d Cir. 7-31-2013)
Finding that the phrase “the identity is never suppressible” is jurisdictional and does not allow the Department to use any “identity evidence” obtained through egregiously unconstitutional behavior.
Gomez-Beleno v. Mukasey, 291 Fed. Appx. 411 (2d Cir. 2008)
Finding nexus for asylum based on death threats and attempted killing in Colombia; attorney’s fees awarded to CALA. 644 F.3d 139 (2d Cir. 2011).
Rodas-Castro v. Holder, 597 F.3d 93 (2d Cir. 2010)
Guatemalan police officer who resisted police corruption is entitled to asylum.
Jorge-Tzoc v. Gonzales, 435 F.3d 146 (2d Cir. 2006)
Holding that child survivor of torture/death of parent has claim for asylum. (Guatemala)
Secaida-Rosales v. INS, 331 F.3d 297 (2d Cir. 2003)
Reversal of overly restrictive agency ruling on when asylum-seeker may be deemed not credible. (Guatemala)
Alvarado-Carillo v. INS, 251 F.3d 44 (2d Cir. 2001)
Winning reversal of finding that Guatemalan union activist’s testimony had been “vague” and lacked documentary proof. (Guatemala)
Blanco v. INS, 68 F.3d 642 (2d Cir. 1995)
Established that Immigration judges must consider socio-political conditions in home country when deciding if hardship to return alien even in non-asylum cases. (El Salvador)
Osorio v. INS, 18 F.3d 1017 (2d Cir. 1994)
Major asylum victory for union activist that set forth rule of law that “political” must be defined broadly in persecution cases. Attorneys’ fees granted. (Guatemala)
Sotelo v. Slattery, 17 F.3d 33 (2d Cir. 1994)
Successful asylum claim for detained Peruvian, establishing level of proof needed for asylum cases. Attorneys’ fees granted.
Campos v. Nail, 940 F.2d 495 (9th Cir. 1991); 43 F.3d 1285 (9th Cir. 1994)
Ten year class action litigation and first-ever suit against sitting Federal immigration judge for systematic violation of aliens’ due process rights.
(Plaintiffs were Guatemalans and Salvadorans)
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