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Al Otro Lado v. Wolf
Stay of preliminary injunction against enforcement of rule requiring asylum-seekers to have sought asylum in another country that they passed through en route to southern border before seeking asylum was not warranted.
Immigration 9th Mar. 6, 2020
Guerra v. Barr
Board of Immigration Appeals failed to engage in clear error review in reversing Immigration Judge's decision that petitioner established a probability that he would be subjected to torture in criminal detention.
Immigration 9th Mar. 4, 2020
Innovation Law Lab v. Wolf
Migrant Protection Protocols, under which non-Mexican asylum seekers who present themselves at southern border of US are required to wait in Mexico while asylum applications are adjudicated, conflicts with Immigration Nationality Act.
Immigration 9th Mar. 2, 2020
East Bay Sanctuary Covenant v. Trump
Rule that requires migrants to enter country at ports of entry to preserve eligibility for asylum was substantively invalid because it conflicted with Immigration and Nationality Act.
Immigration 9th Mar. 2, 2020
Amended Opinion: Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing.
Immigration 9th Feb. 13, 2020
Amended Opinion: Prado v. Barr
Although appellant had her conviction, which deemed her removable, reduced to misdemeanor under California's Proposition 64, she remained removable under immigration law because it was reclassified for rehabilitative purposes.
Immigration 9th Feb. 4, 2020
Lopez-Aguilar v. Barr
Oregon Revised Statutes Section 164.395's robbery elements do not match the generic robbery offense elements; thus, petitioner's conviction was not an aggravated felony subjecting him to removal under the INA.
Immigration 9th Jan. 29, 2020
Conde Quevedo v. Barr
Guatemalans who only report criminal activity of gangs to police without doing more are not a cognizable distinct social group for purposes of withholding removal.
Immigration 9th Jan. 27, 2020
Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing.
Immigration 9th Jan. 21, 2020
Altayar v. Barr
An aggravated assault conviction under Arizona law involving a deadly weapon or dangerous instrument qualifies as a crime involving moral turpitude.
Immigration 9th Jan. 15, 2020
Jauregui-Cardenas v. Barr
Unlawful use of false document to conceal citizenship under California Penal Code Section 114 is not an aggravated felony or crime of moral turpitude under Immigration and Naturalization Act.
Immigration 9th Jan. 14, 2020
O.C. v. Superior Court (Orange)
A state court's Special Immigrant Juvenile findings must reflect that the minor is found dependent under state law; an order that only cites to federal law is incomplete and insufficient.
Immigration 4DCA/3 Jan. 9, 2020
Park v. Barr
Lower court erred in interpreting 'domicile' when rejecting alien's naturalization application because 8 U.S.C. Section 1101 is the controlling authority.
Immigration 9th Jan. 8, 2020
U.S. v. Rodriguez-Gamboa
Health and Safety Code Section 11378 and the Controlled Substances Act facially differ; more fact-finding is necessary to decide if Section 11378 cannot be used as a basis for removal.
Immigration 9th Dec. 30, 2019
Lopez-Angel v. Barr
Permanent resident who was deported allowed to proceed with deportation appeal because he was involuntarily removed from the United States.
Immigration 9th Dec. 30, 2019
Amended Opinion: Zuniga v. Barr
Petitioner had right to counsel in reasonable fear review proceedings initiated under 8 U.S.C. Section 1228, and Immigration Judge failed to obtain valid waiver of that right.
Immigration 9th Dec. 27, 2019
Qiu v. Barr
Agency's reasons for adverse credibility finding was not supported by substantial evidence; thus, petition for review of Board of Immigration Appeals' decision affirming denial of asylum granted.
Immigration 9th Dec. 12, 2019
U.S. v. Phattey
Citizenship revocation is not a civil penalty within the meaning of 28 U.S.C. Section 2462; denaturalization proceedings are not subject to Section 2462's five year statute-of-limitations.
Immigration 9th Dec. 6, 2019
People v. Salcido
The Immigration Consultant Act was not preempted by Department of Homeland Security regulations 8 C.F.R. Sections 1.1, 1.2, and 292.1 (2018) as to defendant.
Immigration 4DCA/2 Nov. 27, 2019
Manhani v. Barr
An Immigration Judge's finding that an applicant submitted a frivolous asylum claim bars the applicant from seeking further benefits and removability waivers available under the Immigration and Naturalization Act.
Immigration 9th Nov. 26, 2019
Fares v. Barr
Board of Immigration Appeals erroneously interpreted Immigration and Nationality Act Section 212(e), and since petitioner was admissible under various statutory provisions, he was 'otherwise admissible' for INA Section 237(a)(1)(H) waiver purposes.
Immigration 9th Nov. 26, 2019
Pedro Perez Perez v. Chad Wolf
The Administrative Procedures Act does not allow USCIS absolute discretion when approving U-visa petitions; federal courts may review denied petitions for abuse of discretion and noncompliance with the statute.
Immigration 9th Nov. 25, 2019
Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act.
Immigration 9th Nov. 20, 2019
Fugow v. Barr
Petitioner's conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude that made him removable.
Immigration 9th Nov. 19, 2019
Padilla Cuenca v. Barr
8 U.S.C. Section 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. Section 1229a(c)(7).
Immigration 9th Nov. 14, 2019
Diaz Martinez v. Barr
Premature pro se petitions to the 9th Circuit can be cured by ripening once the BIA issues a subsequent and final decision.
Immigration 9th Oct. 31, 2019
Man v. Barr
In removal proceedings commenced against noncitizen after non-citizen has already entered country, Immigration Judge lacks authority to grant non-citizen U visa waiver of inadmissibility under 8 U.S.C. Section 1182(d)(3)(A)(ii).
Immigration 9th Oct. 25, 2019
Cruz Pleitez v. Barr
'Flores-Chavez v. Ashcroft' did not extend to the circumstances presented here, and notice provided to petitioner was constitutionally sufficient under 'Mathews v. Eldridge'.
Immigration 9th Sep. 19, 2019
Mu v. Barr
Under 8 U.S.C. Section 1186b, any alien, including the alien principal and the alien beneficiaries, whose permanent resident status is terminated may request a review in a removal proceeding.
Immigration 9th Sep. 5, 2019
Poursina v. USCIS
Decision to grant or to refuse a national-interest waiver in order to seek a permanent employment-based visa comes within 8 U.S.C. Section 1252(a)(2)(B)(ii)'s jurisdictional bar.
Immigration 9th Aug. 29, 2019