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Lopez Vazquez v. Garland
A non-citizen's petition for review of a removal order was dismissed because petitioner's removal order was legally valid at the time of entry and execution.
Immigration 9th Nov. 15, 2021
Amended Opinion: Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders.
Immigration 9th Nov. 10, 2021
Quebrado Cantor v. Garland
Continuous presence requirement to be eligible for cancellation of removal is not stopped by a final order of removal.
Immigration 9th Nov. 4, 2021
Usubakunov v. Garland
An immigration judge's denial of an asylum applicant's continuance of his merits hearing violated the applicant's right to counsel.
Immigration 9th Nov. 2, 2021
U.S. v. Rizo-Rizo
Attempted illegal entry is a regulatory offense that does not require the alien to know that he was an alien.
Immigration 9th Nov. 1, 2021
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 Oct. 26, 2021
Fraihat v. U.S. Immigration and Customs Enforcement
Because ICE's directives and mandates included protecting immigration detainees from COVID-19, plaintiffs were unable to establish that ICE acted with a deliberate indifference to detainee's medical needs.
Immigration 9th Oct. 21, 2021
Amaya v. Garland
A Lawful Permanent Resident was removable for having committed first-degree assault under Washington state law because it is a categorically an aggravated felony.
Immigration 9th Oct. 8, 2021
Nolasco-Amaya v. Garland
Pro se petitioner's appeal must be liberally construed and meets specificity requirements if it provides enough information as to how and why she thought the immigration judge erred.
Immigration 9th Sep. 29, 2021
Cui v. Garland
Because petitioner's improperly submitted motion was rejected by the clerk, it was not timely filed.
Immigration 9th Sep. 24, 2021
Alfred v. Garland
A difference in aiding and abetting mens reae between state and federal law should be considered in felony-based removal proceedings even when the crime committed did not involve aiding and abetting.
Immigration 9th Sep. 23, 2021
Li v. Garland
There was a sufficient evidence for an adverse credibility determination when an asylum applicant did not disclose a criminal charge and provided no explanation for false employment information.
Immigration 9th Sep. 22, 2021
Alcaraz-Enriquez v. Garland
Because the government denied the opportunity to cross-examine witnesses, an undocumented immigrant was deprived of an opportunity to a fair hearing.
Immigration 9th Sep. 17, 2021
Diaz-Rodriguez v. Garland
A non-citizen defendant was not removable under a child endangerment statute because the statute criminalized conduct that fell short of the generic definition of child abuse.
Immigration 9th Sep. 13, 2021
Etemadi v. Garland
An immigration judge clearly erred when discounting evidence that applicant had become a Christian.
Immigration 9th Sep. 10, 2021
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights.
Immigration 9th Sep. 10, 2021
Alam v. Garland
In light of the REAL ID Act, adverse credibility determinations require consideration of the totality of the circumstances, replacing the previous "single factor rule."
Immigration 9th Sep. 9, 2021
Iraheta-Martinez v. Garland
Because a non-citizen became an adult who no longer needed to live with his abusive father, he would not be persecuted in the future due to 'changed circumstances.'
Immigration 9th Sep. 8, 2021
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization.
Immigration 9th Sep. 3, 2021
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination.
Immigration 9th Sep. 2, 2021
Reyes Afanador v. Garland
Applying 'Matter of Cortes Medina' retroactively to petitioner's 2011 conviction for indecent exposure was impermissible.
Immigration 9th Aug. 30, 2021
Orozco-Lopez v. Garland
Non-citizens whose removal orders have been reinstated are statutorily entitled to counsel under 8 U.S.C. Section 1362.
Immigration 9th Aug. 26, 2021
Munyuh v. Garland
Adverse credibility determination was improper because immigration judge did not give specific reasons for rejecting petitioner's reasonable explanation regarding perceived discrepancies.
Immigration 9th Aug. 26, 2021
Dai v. Garland
Board of Immigration Appeals did not find petitioner's case to be persuasive and no reasonable adjudicator would be compelled to conclude otherwise.
Immigration 9th Aug. 23, 2021
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 Aug. 23, 2021
Lopez-Marroquin v. Garland
Vehicle theft under California Vehicle Code Section 10851(a) is indivisible in its treatment of accessories after the fact, and therefore, is not an aggravated felony theft offense.
Immigration 9th Aug. 19, 2021
Sharma v. Garland
Police ruining petitioner's business by stealing files and informing clients not to pay back their loans did not rise to level of past persecution.
Immigration 9th Aug. 18, 2021
Villalobos Sura v. Garland
Arrest warrant and Red Notice, combined with incredibility of petitioner's testimony, established requisite probable cause that petitioner committed four murders; thus, he was ineligible for withholding of removal.
Immigration 9th Aug. 18, 2021
Flores-Rodriguez v. Garland
No notice of an alleged false claim of citizenship, a central issue during a hearing, violated due process.
Immigration 9th Aug. 17, 2021
Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders.
Immigration 9th Aug. 17, 2021