Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-72747
|
Lopez v. Sessions
Convictions expunged under California Penal Code Section 1203.4 generally remain sufficient grounds for subsequent removal proceedings. |
Immigration |
|
B. Lynn | Aug. 23, 2018 |
17-15662
|
Dent v. Sessions
Arizona state crime of third-degree escape not 'aggravated felony' under categorical approach comparison with federal 'crime of violence,' as former criminalizes conduct not implicating use or threat of force. |
Immigration |
|
Aug. 20, 2018 | |
13-74213
|
Orlando Vasquez-Valle v. Sessions
BIA erred when it concluded petitioner's conviction under an Oregon statute was a crime involving moral turpitude (CIMT), where underlying offense criminalized broader conduct than general federal CIMT |
Immigration |
|
R. Gould | Aug. 13, 2018 |
16-56706
|
Anaya Arce v. U.S.
Where DHS action removing noncitizen violated a court order staying removal order, DHS action falls outside reach of jurisdiction-stripping statute. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 10, 2018 |
16-73486
|
Alvarez-Cerriteno v. Sessions
Nevada's child neglect statute makes criminal more conduct than does the federal Immigration and Nationality Act's generic 'crime of child abuse;' thus petitioner's conviction does not qualify as a predicate offense under the categorical approach. |
Immigration |
|
Aug. 9, 2018 | |
15-70588
|
Nicusor-Remus v. Sessions
Even 'brief departure' across border constitutes execution of removal order; subsequent removal order needed before appellate court can exercise jurisdiction over Visa Waiver Program participant's asylum denial may be reviewed. |
Immigration |
|
J. Tunheim | Aug. 9, 2018 |
16-50413
|
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 |
|
R. Gould | Aug. 3, 2018 |
15-70617
|
Guo v. Sessions
BIA erred by finding Petitioner's asylum claims failed to rise to the level of religious persecution, portraying harm to petitioner as 'single, isolated' encounter with the authorities. |
Immigration |
|
J. Bybee | Jul. 31, 2018 |
16-73906
|
Frimmel Management v. U.S.
Petition for review of ALJ’s order denying suppression of records obtained through ICE investigation resulting from county sheriff’s office’s illegal raid granted where ICE investigation is not attenuated from raid. |
Immigration |
|
D. Nelson | Jul. 27, 2018 |
A152530
|
People v. Morales
A trial court erroneously denied a noncitizen's application by determining that under the statute the applicant was barred from bringing *any* Section 1473.7 motion until after the entry of a final removal order. |
Immigration |
|
T. Stewart | Jul. 26, 2018 |
16-15728
|
Allen v. Milas
No avenue for review of a consular officer's adjudication of a visa on the merits, under the doctrine of nonreviewability. |
Immigration |
|
J. Bybee | Jul. 25, 2018 |
14-71742
|
Martinez-Cedillo v. Sessions
Petition for review denied where Board of Immigration Appeals’ reasonable interpretation is entitled to deference under ‘Chevron v. Natural Resources Defense Council.’ |
Immigration |
|
J. Bybee | Jul. 24, 2018 |
B281767
|
People v. Olvera
Denial of motion to vacate no contest plea based on ineffective assistance of counsel affirmed where appellant fails to show counsel’s deficient performance. |
Immigration |
|
M. Tangeman | Jul. 2, 2018 |
15-72572
|
Bermudez-Ariza v. Sessions
Immigration Judge retains jurisdiction to reconsider earlier findings notwithstanding BIA remand seeming to limit scope of remand, where remand does not specifically maintain BIA's jurisdiction. |
Immigration |
|
J. Bybee | Jun. 26, 2018 |
17-459
|
Pereira v. Sessions
Putative notice to appear that fails to designate a specific time or place of a noncitizen's removal proceedings is not a 'notice to appear' pursuant to 8 U.S.C. Section 1229 and, thus, does not trigger the stop-time rule that halts noncitizens' accrual of sufficient time in county to defeat removal action. |
Immigration |
|
S. Sotomayor | Jun. 22, 2018 |
14-72506
|
Amended Opinion: Gomez-Sanchez v. Sessions
Blanket rule against considering mental health of individual petitioning for withholding of removal not entitled to 'Chevron' deference because Congress' intent clear that such petitions should be considered on a case-by-case basis. |
Immigration |
|
J. Arterton | Jun. 13, 2018 |
13-72632
|
Quintero-Cisneros v. Sessions
Assault of child in the third degree with sexual motivation under Washington law categorically matches the federal offense of sexual abuse of minor. |
Immigration |
|
P. Watford | Jun. 12, 2018 |
12-74077
|
Liu v. Sessions
Petition for review denied where petitioner who is sufficiently notified by immigration judge that petitioner must provide evidence to corroborate testimony fails to provide such evidence. |
Immigration |
|
R. Clifton | Jun. 4, 2018 |
15-72645
|
Miller v. Sessions
Removal based on order entered 'in absentia' may be reopened 'at any time' where petitioner claims to have received insufficient notice. |
Immigration |
|
P. Watford | May 9, 2018 |
14-71890
|
Salgado v. Sessions
Poor memory, without some credible evidence of an inability to participate in or understand removal proceedings, does not constitute 'indicia of incompetency.' |
Immigration |
|
R. Gould | May 9, 2018 |
14-70034
|
Campos-Hernandez v. Sessions
Interpretation that Nicaraguan Adjustment and Central American Relief Act’s requirement of ten years of continuous, physical presence from act constituting grounds of removal refers to ‘last’ such act is reasonable. |
Immigration |
|
M. Berzon | May 3, 2018 |
16-72940
|
Garcia-Martinez v. Sessions
Theft convictions subject to BIA's former rule that theft is crime of moral turpitude if and only if it is committed with intent to permanently deprive owner of property where new BIA rule is inapplicable to case. |
Immigration |
|
F. Fernandez | Apr. 10, 2018 |
14-72506
|
Gomez-Sanchez v. Sessions
Blanket rule against considering mental health of individual petitioning for withholding of removal not entitled to 'Chevron' deference because Congress' intent clear that such petitions should be considered on a case-by-case basis. |
Immigration |
|
J. Arterton | Apr. 9, 2018 |
15-50559
|
U.S. v. Verduzco-Rangel
Order of removal not fundamentally unfair because underlying conviction for drug trafficking was properly deemed aggravated felony. |
Immigration |
|
J. Rakoff | Mar. 12, 2018 |
15-70776
|
Dai v. Sessions
An asylum-seeker's testimony before an Immigration Judge must be treated as credible in the absence of an explicit adverse credibility finding |
Immigration |
|
S. Reinhardt | Mar. 9, 2018 |
16-16232
|
Elmakhzoumi v. Sessions
Non-consensual sodomy conviction properly disqualifies naturalization applicant as lacking good moral character. |
Immigration |
|
M. Simon | Mar. 2, 2018 |
16-35385
|
Amended Opinion: Padilla-Ramirez v. Bible
Alien detained subject to removal orders not entitled to bond hearing typically available to those detained 'pending decision on removal,' and despite ongoing withholding only proceedings. |
Immigration |
|
J. Wallace | Feb. 16, 2018 |
14-71113
|
Amended Opinion: Song v. Sessions
A refugee's past persecution for an imputed political opinion may establish a protected political view for purposes of seeking asylum in the U.S. |
Immigration |
|
J. Nguyen | Feb. 16, 2018 |
14-72472
|
Gonzalez-Caraveo v. Sessions
Remand inappropriate despite erroneous finding that Immigration Judge lacks jurisdiction over administrative closure request where petitioners fail to show eligibility for administrative closure. |
Immigration |
|
M. Murguia | Feb. 15, 2018 |
14-73376
|
Rodriguez Tovar v. Sessions
Child of lawful permanent resident may utilize age calculation formula for purposes of converting to immediate relative status after parent is naturalized |
Immigration |
|
S. Reinhardt | Feb. 15, 2018 |