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Udo v. Garland
Plaintiff's petition for review of his Convention Against Torture claim was granted since the agency failed to give reasoned consideration to persuasive evidence of his persecution in Nigeria for homosexuality.
Immigration 9th May 5, 2022
U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act.
Immigration 9th May 5, 2022
Hernandez-Ortiz v. Garland
Petitioner did not show ineffective assistance of counsel to toll the deadline for his motion to reopen his removal proceedings since he retained his attorneys after the deadline had passed.
Immigration 9th Apr. 27, 2022
Gutierrez-Zavala v. Garland
Although the Board of Immigration Appeals ruled on the merits of a motion to reopen, the petition for review was denied because the Board did not have jurisdiction in the first place.
Immigration 9th Apr. 27, 2022
Amended Opinion: Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating.
Immigration 9th Apr. 22, 2022
Martinez-Rodriguez v. Giles
Mexican citizens provided sufficient evidence that dairy farm, which recruited them in Mexico under TN Visa program for professional-level work, actually hired them as nonprofessional, general laborers.
Immigration 9th Apr. 19, 2022
Valdez Amador v. Garland
Because the modified categorical approach no longer applied, the court remanded to the Board of Immigration Appeals to determine if consensual intercourse obtained through fraud falls under the generic federal offense.
Immigration 9th Mar. 10, 2022
B.R. v. Garland
Immigration judges have authority to allow the Department of Homeland Security to cure improper service of a Notice to Appear without requiring termination of proceedings.
Immigration 9th Feb. 24, 2022
Ortiz Narez v. Garland
A non-citizen was removable because voluntary manslaughter under California law is a crime involving moral turpitude.
Immigration 9th Feb. 17, 2022
Amended Opinion: Tomczyk v. Garland
For purposes of reinstatement of a prior removal order, an individual's inadmissible status renders that individual's reentry illegal regardless of the manner of reentry.
Immigration 9th Feb. 14, 2022
Ruiz-Colmenarez v. Garland
An immigration judge is not required to grant petitioners the presumption of absolute credibility or the benefit of every doubt.
Immigration 9th Feb. 10, 2022
Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating.
Immigration 9th Feb. 10, 2022
Singh v. Garland
A noncitizen's removal order was subject to rescission because his Notice to Appear did not provide the date and time of his hearing.
Immigration 9th Feb. 7, 2022
U.S. v. Castellanos-Avalos
Where defendant could not satisfy deprivation-of-judicial-review requirement given that defendant sought judicial review and received it, the court did not need to address 'Palomar-Santiago' case law.
Immigration 9th Jan. 19, 2022
Amended Opinion: Plancarte Sauceda v. Garland
Board of Immigration Appeals' rejection of petitioner's proposed particular social group of 'female nurses' on ground that nursing is not immutable characteristic was unreasonable.
Immigration 9th Jan. 18, 2022
Jimenez-Sandoval v. Garland
Notice of deportation proceedings served on a 17-year-old minor was adequate notice absent any reason to believe service on an adult would have been more effective at securing an appearance.
Immigration 9th Jan. 14, 2022
Togonon v. Garland
A noncitizen was not removable because his conviction under California statute was not a categorical match to its federal counterpart.
Immigration 9th Jan. 11, 2022
Bogle v. Garland
Petitioner was deportable even though his guilty plea for possession of more than one ounce of marijuana could technically have included conduct that fell under the 30-gram personal-use exception.
Immigration 9th Dec. 30, 2021
Ramirez-Medina v. Garland
Convictions for multiple offenses disqualified Petitioner from eligibility for cancellation of removal proceedings even though the cancellation statute's exception referred to a singular offense.
Immigration 9th Dec. 23, 2021
Walcott v. Garland
A noncitizen was not removable because her conviction for offering to transport less than two pounds of marijuana was not a crime involving moral turpitude.
Immigration 9th Dec. 23, 2021
Rodriguez-Jimenez v. Garland
The Immigration Judge and Bureau of Immigration Appeals are only required to provide a thorough and reasoned analysis of its decision and need not present an exposition on every issue.
Immigration 9th Dec. 22, 2021
Tomczyk v. Garland
For purposes of reinstatement of a prior removal order, an individual's inadmissible status renders that individual's reentry illegal regardless of the manner of reentry.
Immigration 9th Dec. 15, 2021
Alcaraz-Enriquez v. Garland
A fundamentally fair hearing was denied when the government made no effort to make underlying witnesses to a probation report available for cross-examination.
Immigration 9th Dec. 15, 2021
In re Scarlett V.
Where evidence clearly supports a finding of Special Immigrant Juvenile status, courts must, at a minimum, consider the evidence and issue a determination.
Immigration 2DCA/7 Dec. 10, 2021
Kumar v. Garland
The bulk of the adverse credibility findings were unsupported by the record because several of the alleged inconsistencies were not inconsistent at all.
Immigration 9th Dec. 1, 2021
U.S. v. De La Mora-Cobian
An alien requesting asylum during expedited removal proceedings must exhaust the asylum claim before being allowed to collaterally attack the removal order in a later prosecution for illegal reentry.
Immigration 9th Nov. 30, 2021
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law.
Immigration 4DCA/1 Nov. 24, 2021
Nababan v. Garland
The Board of Immigration Appeals must, when properly considering all factors, take into account Indonesia's changed circumstances towards evangelical Christians specifically, as opposed to Christians in general.
Immigration 9th Nov. 24, 2021
Goulart v. Garland
The Board of Immigration Appeals denied petitioner's claim for equitable tolling because petitioner failed to diligently pursue his rights during the time between his removal and the change in law.
Immigration 9th Nov. 19, 2021
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law.
Immigration 4DCA/1 Nov. 18, 2021