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Name Category Published
Nielsen v. Preap
Adverb cannot modify noun; thus mandatory detention provision applies to individuals apprehended by DHS years after their release relating to qualifying predicate offenses. 		Immigration USSC Mar. 20, 2019
Thuraissigiam v. U.S. Dept. of Homeland Security
8 U.S.C. Section 1252(e)(2) violated the Suspension Clause by failing to provide a meaningful opportunity for petitioner to show he was being held under erroneous application or interpretation of law. 		Immigration 9th Mar. 8, 2019
Mairena v. Barr
Board of Immigration Appeals may consider sentencing enhancements in determining that a petitioner was convicted of a per se particularly serious crime for purposes of withholding of removal. 		Immigration 9th Mar. 8, 2019
Arrey v. Barr
Board of Immigration Appeals committed legal error in its application of the 'firm settlement rule' when it declined to consider evidence of petitioner's past persecution; thus, claim remanded. 		Immigration 9th Feb. 27, 2019
Islas-Veloz v. Whitaker
Supreme Court held in 'Jordan v. De George' that the phrase 'crime involving moral turpitude' was not unconstitutionally vague; thus, petition for review challenging order of removal denied. 		Immigration 9th Feb. 5, 2019
Karingithi v. Whitaker
Notice to appear that did not specify the time and date of alien's initial removal hearing vested immigration judge with jurisdiction because notice of hearing specifying this information was later sent to alien. 		Immigration 9th Jan. 29, 2019
Singh v. Whitaker
The Department of Homeland Security must conduct individualized analysis in order to rebut the presumption that future persecution at the hands of the government exists nationwide for an applicant seeking asylum. 		Immigration 9th Jan. 25, 2019
Rayamajhi v. Whitaker
No 'de minimis' exception applies for asylum seeker who provided $50 in 'material support' to terrorist organization, in response to terrorist's threat to him and his family. 		Immigration 9th Jan. 16, 2019
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 9th Jan. 10, 2019
Amended Opinion: Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner's offense requires physical injury, and removal statute requires physical force. 		Immigration 9th Dec. 28, 2018
Olivas-Motta v. Whitaker
Case law determining Arizona endangerment constituted crime involving moral turpitude was not a change in law raising retroactivity concerns; thus, Board of Immigration Appeals did not err in dismissing petitioner's appeal. 		Immigration 9th Dec. 20, 2018
Idrees v. Whitaker
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 9th Dec. 14, 2018
Amended Opinion: Martinez-De Ryan v. Whitaker
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine. 		Immigration 9th Nov. 19, 2018
Melgoza Guerrero v. Whitaker
'Particularly serious crime' within the meaning of 8 U.S.C. Section 1231(b)(3)(B)(ii) not unconstitutionally vague because although it is an uncertain standard, it applies to real world facts. 		Immigration 9th Nov. 12, 2018
Regents of the University of California v. USDHS
Deferred Action for Childhood Arrivals was a permissible exercise of executive discretion, notwithstanding the Fifth Circuit's conclusion that Deferred Action for Parents of Americans and Lawful Permanent Residents program exceeded statutory authority. 		Immigration 9th Nov. 9, 2018
Menendez v. Whitaker
Section 288(c)(1), criminalizing 'lewd or lascivious conduct' by older person with 14 or 15 year old, is not categorically a crime of moral turpitude because covered actus reus is too broad, required mens rea too slight. 		Immigration 9th Nov. 9, 2018
Ma v. Sessions
8 C.F.R. Section 274a.12(b)(20) does not confer lawful immigration status for purposes of establishing eligibility for status adjustment under 8 U.S.C. Section 1255(k)(2); thus petition was denied. 		Immigration 9th Nov. 5, 2018
Saravia v. Sessions
Granting preliminary injunction to class of noncitizen minors, requiring a prompt hearing before a neutral decision-maker to contest gang allegations, was not an abuse of discretion because existing procedures were inadequate. 		Immigration 9th Oct. 2, 2018
Myers v. Sessions
Appellate panel may only base affirmance of removal on grounds considered and decided by BIA; remand required where evidence unclear as to petitioner's cancellation attempt based on continuous presence in United States. 		Immigration 9th Sep. 26, 2018
Sanchez v. Sessions
Evidence supporting immigrant's removal may be suppressed where gotten as result of regulatory violation; where such violation is 'egregious,' removal proceedings should be dismissed. 		Immigration 9th Sep. 20, 2018
Amended Opinion: U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair. 		Immigration 9th Sep. 17, 2018
Bartolome v. Sessions
Immigration Judge correctly found that fear of persecution from gangs in asylum petitioner's native country who perceived him to 'have money' is not a protected ground, thus there was no basis for withholding of removal. 		Immigration 9th Sep. 17, 2018
Amended Opinion: Villavicencio v. Sessions
A non-citizen may not be deported under 8 U.S.C. Section 1227 for a state criminal violation if such violation is not a categorical match to the corresponding federal offense. 		Immigration 9th Sep. 12, 2018
U.S. v. Garcia-Lopez
Because California robbery is no longer a 'crime of violence,' the panel vacated the district court's order denying Appellant's motion to withdraw his guilty plea for illegally reentering the United States after deportation. 		Immigration 9th Sep. 10, 2018
Diaz-Jimenez v. Sessions
To be grounds for removal based on 8 U.S.C. Section 1182(a)(6)(C)(ii)(I), a 'false representation for a purpose or benefit' under 8 U.S.C. section 1324 must be based on such a representation made on a Form I-9 seeking private employment. 		Immigration 9th Aug. 31, 2018
Atenia Lorenzo v. Sessions
The California definition of methamphetamine is broader than the federal definition; thus Appellant's conviction do not qualify as grounds for removal. 		Immigration 9th Aug. 30, 2018
Quiroz Parada v. Sessions
Government fails to rebut presumption of asylum applicant's well-founded fear of future persecution where court relies on out-of-date country condition reports, and political party that perpetrated the persecution has assumed power. 		Immigration 9th Aug. 30, 2018
U.S. v. Flores
'Receipt of stolen property' is a distinct aggravated felony independent of 'theft;' thus a California conviction for receipt of stolen property may be deemed categorically an aggravated felony within the aegis of the Immigration and Naturalization Act. 		Immigration 9th Aug. 29, 2018
Barrera-Lima v. Sessions
Washington's indecent exposure statute does not require lewd intent as is required under immigration laws; thus, defendant's conviction was not a crime of moral turpitude under 8 U.S.C. Section 1229b(b). 		Immigration 9th Aug. 27, 2018
Nguyen v. Sessions
The BIA wrongly determined that a legal permanent resident (LPR) was ineligible for cancellation of removal based on rule relating to inadmissibility, given the petitioner, as an LPR, couldn't be rendered 'inadmissible.' 		Immigration 9th Aug. 24, 2018
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