Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-73940
|
Singh v. Barr
Record did not compel conclusion that Punjabi police persecuted petitioner on account of his imputed political opinion; thus, his asylum claim failed. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 28, 2019 |
16-73656
|
Pleitez-Lopez v. Barr
Denial of a continuance for not updating fingerprints is an abuse of discretion if the immigrant defendant reasonably relied on his lawyer's advice that resubmitting his fingerprints was unnecessary. |
Immigration |
|
S. Graber | Aug. 26, 2019 |
16-72982
|
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.) | Aug. 21, 2019 |
17-56297
|
Flores v. Barr
Because district court's opinion in its order enforcing 'Flores' Agreement did not modify that agreement, court lacked jurisdiction over appeal. |
Immigration |
|
M. Berzon | Aug. 16, 2019 |
16-71559
|
Gonzalez Romo v. Barr
A resident alien is inadmissible to re-enter the United States if convicted of a crime under 8 U.S.C. section 1101, including solicitation to possess marijuana for sale. |
Immigration |
|
F. Fernandez | Aug. 15, 2019 |
17-16558
|
Janjua v. Neufeld
Because issue of whether appellant was inadmissible on terrorism-related grounds was not raised, contested, and submitted for determination at his asylum proceeding, it was not actually litigated; thus, issue preclusion did not apply. |
Immigration |
|
A. Tashima | Aug. 12, 2019 |
14-70690
|
Flores-Vega v. Barr
Petitioner committed crime of violence supporting removability, and although the BIA applied an incorrect legal standard, petitioner failed to establish eligibility for withholding of removal or Convention Against Torture protection. |
Immigration |
|
W. Fletcher | Aug. 5, 2019 |
16-50423
|
Amended Opinion: U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). |
Immigration |
|
A. Hurwitz | Jul. 26, 2019 |
16-72387
|
Diaz-Quirazco v. Barr
Board of Immigration Appeals' interpretation of the interplay between 8 U.S.C. Sections 1227(a)(2)(E)(ii) and 1229b(b)(1)(C) was reasonable and consistent with the statutory language, so its denial of petitioner's appeal must be accepted. |
Immigration |
|
C. Callahan | Jul. 24, 2019 |
15-73461
|
Flores v. Barr
To show prejudice in ineffective assistance of counsel, the petitioner only needs to show plausible grounds for relief and need not substantially support his claim in his motion to reopen. |
Immigration |
|
P. Curiam (9th Cir.) | Jul. 19, 2019 |
14-72003
|
Marinelarena v. Sessions
California conviction for conspiracy to sell and transport controlled substance was ambiguous as to whether it constituted controlled substance offense under federal law; thus, petitioner was not ineligible for cancellation of removal. |
Immigration |
|
A. Tashima | Jul. 19, 2019 |
15-73869
|
Menendez-Gonzalez v. Barr
Court lacks jurisdiction to review decision by Board of Immigration Appeals not to exercise its 'sua sponte' authority to reopen removal proceedings except when reviewing reasoning behind decisions for legal or constitutional error. |
Immigration |
|
R. Clifton | Jul. 12, 2019 |
15-72347
|
Felipe Betansos v. William Barr
Indecent exposure is a crime of moral turpitude under Penal Code Section 314(1) and may retroactively be applied to removal proceedings with the Board of Immigration Appeals. |
Immigration |
|
M. Murguia | Jul. 8, 2019 |
15-70530
|
Perez Cruz v. Barr
Because government used search warrant as pretext to arrest nearly 200 undocumented workers, 'Michigan v. Summers' justification for bypassing Fourth Amendment's traditional protections disappeared. |
Immigration |
|
M. Berzon | Jun. 14, 2019 |
13-70653
|
Torres v. Barr
Petitioner failed to succeed on challenging removal under 8 U.S.C. Section 1182 (a)(6)(A)(i) due to lack of valid entry document and continuous presence in the U.S. |
Immigration |
|
K. Wardlaw | Jun. 13, 2019 |
15-72092
|
Amended Opinion: Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Jun. 7, 2019 |
17-71966
|
Guan v. Barr
The Board of Immigration Appeals failed to show proper consideration of all factors when denying appellant relief under the Convention Against Torture; thus, the petition is granted. |
Immigration |
|
J. Nguyen | May 31, 2019 |
15-71554
|
Honcharov v. Barr
Board of Immigration Appeals did not err when it declined to consider petitioner's proposed particular social groups that were raised for the first time on appeal. |
Immigration |
|
P. Curiam (9th Cir.) | May 30, 2019 |
15-72406
|
Lorenzo Lopez v. Barr
Notice to Appear did not contain time and place of removal proceedings; thus, Notice to Appear was defective and did not stop time under 8 U.S.C. Section 1229(a). |
Immigration |
|
E. Korman | May 23, 2019 |
15-72792
|
Jose Alanniz v. William Barr
Petitioner's parole did not qualify as an 'admission' under 8 U.S.C. Section 1229b(a), and petitioner's conviction within seven years of obtaining lawful permanent resident status made him ineligible for cancellation of removal. |
Immigration |
|
C. Callahan | May 21, 2019 |
E067578
|
Modification: 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 | May 15, 2019 |
17-72914
|
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 | May 13, 2019 |
19-15716
|
Innovation Law Lab v. McAleenan
Applicants for admission who are placed in regular removal proceedings under Section 1225(b)(2)(A) may be returned to the contiguous territory from which they arrived under Section 1225(b)(2)(C); thus, stay of preliminary injunction granted. |
Immigration |
|
P. Curiam (9th Cir.) | May 9, 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 | May 6, 2019 |
16-73801
|
C.J.L.G. v. Barr
Immigration Judge erred by failing to advise petitioner about his apparent eligibility for Special Immigrant Juvenile status; thus, petition for review of Board of Immigration Appeals' decision was granted. |
Immigration |
|
A. Hurwitz | May 6, 2019 |
15-71573
|
Amended Opinion: Idrees v. Barr
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers. |
Immigration |
|
May 1, 2019 | |
17-73153
|
Lopez-Aguilar v. Barr
Although Oregon Revised Statutes Section 164.395 incorporates theft by deception and generic theft does not, it was merely theoretical that Oregon would prosecute such conduct; thus, it qualified as categorical theft offense. |
Immigration |
|
J. Tunheim | Apr. 24, 2019 |
18-16496
|
U.S. v. State of California
The intergovernmental immunity doctrine and conflict preemption doctrine did not provide grounds for fully enjoining enforcement of California immigration statutes AB 450, AB 103, and SB 54. |
Immigration |
|
M. Smith | Apr. 19, 2019 |
15-72092
|
Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Mar. 29, 2019 |
16-72957
|
Duran-Rodriguez v. Barr
Two death threats, without concrete action and allowing recipient's relocation within Mexico, were insufficient to establish past persecution, fear of future persecution, or qualification for relief under the Convention Against Torture. |
Immigration |
|
M. Hawkins | Mar. 21, 2019 |