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Yith v. Nielsen
Statute that prevents the Attorney General from adjudicating naturalization applications when removal proceedings are pending does not preclude the district court from doing the same.
Immigration 9th Feb. 8, 2018
U.S. v. Rodriguez
Conviction for transporting illegal alien for financial gain reversed where erroneous jury instruction misstates definition of reckless disregard.
Immigration 9th Jan. 31, 2018
C.J.L.G. v. Sessions
Minor alien is not entitled to court-appointed, government-funded counsel where minor fails to show that such counsel was necessary to safeguard due process rights.
Immigration 9th Jan. 30, 2018
Solorio-Ruiz v. Sessions
Carjacking under Penal Code Section 215(a) not a crime of violence under Title 8 of U.S. Code.
Immigration 9th Jan. 30, 2018
People v. Perez
Conviction stands where defendant fails to establish beyond preponderance of evidence that defendant did not meaningfully understand immigration consequences.
Immigration 4DCA/1 Jan. 25, 2018
Gomez-Velazco v. Sessions
Prejudice is not presumed when a non-citizen is able to consult with counsel prior to execution of a Section 1228(b) removal order, after being denied the right to counsel during an initial DHS interaction.
Immigration 9th Jan. 11, 2018
Gebhardt v. Duke
Adam Walsh Act applies where I-130 visa petition was filed, but pending, before Act was effectuated.
Immigration 9th Jan. 10, 2018
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 Jan. 8, 2018
Calderon-Rodriguez v. Sessions
Board of Immigration Appeals affirmation of Immigration Judges competency determination remanded where IJ fails to ensure that Department of Homeland Security provides court with relevant materials regarding respondents competency.
Immigration 9th Jan. 4, 2018
U.S. v. Aldana
Convictions for entering U.S. at undesignated points of entry affirmed where undesignated entry means entry at place other than immigration facilities at designated ports of entry.
Immigration 9th Jan. 2, 2018
State of Hawaii v. Trump
Order preliminarily enjoining portions of Proclamation 9645 affirmed in part where president fails to find that entry of affected nationals would harm United States interests.
Immigration 9th Dec. 27, 2017
Jane Doe v. Kelly
Injunction requiring border patrol holding station provide mats and blankets to detainees held longer than 12 hours is proper.
Immigration 9th Dec. 26, 2017
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 9th Dec. 19, 2017
USA v. Valdivia-Flores
Judgment denying defendant's collateral attack on deportation order reversed where defendant is deprived of due process and where removal order prejudices defendant by incorrectly classifying defendant's conviction.
Immigration 9th Dec. 8, 2017
Manes v. Sessions
No presumption asylum applicant is credible; adverse credibility finding sufficiently precise where based on applicant's 'nervous,' 'desperate' testimony as to contrary evidence in record.
Immigration 9th Nov. 28, 2017
Conejo-Bravo v. Sessions
Traditional hit and run causing bodily injury is crime of moral turpitude that renders non-citizen ineligible for cancellation of removal.
Immigration 9th Nov. 20, 2017
Saldivar v. Sessions
A non-U.S. citizen with unlawful status procedurally admitted at a border crossing may apply to cancel removal under 8 U.S.C. Section 1229b(a)(2) in a deportation action.
Immigration 9th Nov. 8, 2017
State of Hawaii v. Trump
Without making concrete finding that class of aliens poses threat to U.S., President may not employ Immigration and Nationality Act powers to bar entry by such class.
Immigration 9th Nov. 6, 2017
Hernandez v. Sessions
Due process requires immigration officials when making bond determinations to consider both the financial circumstances of a detainee and alternative conditions of release.
Immigration 9th Oct. 3, 2017
Chavez-Garcia v. Sessions
Departure alone does not waive right to appeal removal proceedings where immigration judge fails to inform petitioner that departure waives right to appeal.
Immigration 9th Sep. 22, 2017
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 Sep. 15, 2017
State of Hawaii v. Trump
Government cannot enforce ‘Travel Ban’ against refugees with formal assurances where formal assurances establish bona fide relationship between resettlement agency and refugee.
Immigration 9th Sep. 11, 2017
Hsiao v. Hazuda
Alien seeking to adjust status to lawful permanent resident unsuccessful in obtaining relief from disqualification under ‘grandfathering’ provision.
Immigration 9th Sep. 5, 2017
Sanchez v. Sessions
Removal proceedings should have been terminated due to egregious Fourth Amendment and regulatory violations by Coast Guard officers in detaining petitioner based solely on ethnicity.
Immigration 9th Aug. 31, 2017
Mejia v. Sessions
Petitioner’s appeal improperly dismissed where immigration judge failed to inquire further into petitioner’s competency after he showed signs of mental incompetency.
Immigration 9th Aug. 30, 2017
Marinelarena v. Sessions
Petitioner cannot use inconclusive record to carry burden of proof where petitioner attempts to demonstrate eligibility for cancellation of removal.
Immigration 9th Aug. 24, 2017
Sales v. Sessions
California conviction for aiding and abetting murder under natural and probable consequences theory qualifies as aggravated felony for purposes of removal.
Immigration 9th Aug. 21, 2017
Lozano-Arredondo v. Sessions
Petition for review granted, where record of conviction is inadequate to determine whether petitioner was convicted of crime involving moral turpitude.
Immigration 9th Aug. 9, 2017
Amended Opinion: Sandoval v. Sessions
Oregon conviction for delivering heroin does not constitute aggravated felony that would render petitioner ineligible for cancellation of removal.
Immigration 9th Aug. 9, 2017
DLS Precision Fab LLC v. U.S. Immigration & Customs Enforcement
Review largely denied over company’s challenge over administrative law judge’s summary determination of multiple violations of immigration law and penalties resulting therefrom.
Immigration 9th Aug. 8, 2017