Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-56417
|
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 |
|
M. Berzon | Mar. 6, 2020 |
18-71070
|
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 |
|
R. Paez | Mar. 4, 2020 |
19-15716
|
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 |
|
W. Fletcher | Mar. 2, 2020 |
18-17274
|
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 |
|
R. Paez | Mar. 2, 2020 |
18-35072
|
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 |
|
N. Smith | Feb. 13, 2020 |
17-72914
|
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 |
|
M. Hawkins | Feb. 4, 2020 |
17-73153
|
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 |
|
M. Berzon | Jan. 29, 2020 |
18-70078
|
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 |
|
S. Graber | Jan. 27, 2020 |
18-35072
|
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 |
|
N. Smith | Jan. 21, 2020 |
17-73308
|
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 |
|
D. Bress | Jan. 15, 2020 |
16-71309
|
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 |
|
R. Whaley | Jan. 14, 2020 |
G058416
|
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 |
|
K. Dunning | Jan. 9, 2020 |
18-55914
|
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 |
|
J. Farris | Jan. 8, 2020 |
19-50014
|
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 |
|
A. Hurwitz | Dec. 30, 2019 |
16-72246
|
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 |
|
A. Hurwitz | Dec. 30, 2019 |
16-72982
|
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 |
|
P. Curiam (9th Cir.) | Dec. 27, 2019 |
17-71338
|
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 |
|
S. Graber | Dec. 12, 2019 |
18-35998
|
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 |
|
S. Ikuta | Dec. 6, 2019 |
E067578
|
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 |
|
M. Ramirez | Nov. 27, 2019 |
17-72231
|
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 |
|
R. Clifton | Nov. 26, 2019 |
13-71916
|
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 |
|
S. Graber | Nov. 26, 2019 |
18-35123
|
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 |
|
W. Fletcher | Nov. 25, 2019 |
15-72999
|
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 |
|
W. Fletcher | Nov. 20, 2019 |
16-70918
|
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 |
|
P. Curiam (9th Cir.) | Nov. 19, 2019 |
16-72378
|
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 |
|
D. Rayes | Nov. 14, 2019 |
17-72186
|
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 |
|
G. Katzmann | Oct. 31, 2019 |
13-70840
|
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 |
|
P. Curiam (9th Cir.) | Oct. 25, 2019 |
15-72876
|
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 |
|
S. Graber | Sep. 19, 2019 |
16-71292
|
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 |
|
N. Smith | Sep. 5, 2019 |
17-16579
|
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 |
|
D. O'Scannlain | Aug. 29, 2019 |