Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
21-16062
|
Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order. |
Immigration |
|
L. VanDyke | Aug. 16, 2021 |
18-71760
|
Sanchez-Ruano v. Garland
Alien's status as deportable or inadmissible is immaterial to qualify for cancellation of removal. |
Immigration |
|
L. VanDyke | Aug. 12, 2021 |
19-71445
|
Vasquez-Rodriguez v. Garland
Social group claims based on 'perceived gang membership' must demonstrate a common immutable characteristic, defined with particularity, and socially distinct with the society in question. |
Immigration |
|
E. Miller | Aug. 6, 2021 |
17-70534
|
Romero v. Garland
'Clearly and beyond doubt' burden applies only to 'applicants for admission' and does not apply to lawfully admitted petitioners applying for adjustment of status. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 3, 2021 |
19-73099
|
Maie v. Garland
Hawaii's fourth degree theft statute does not qualify as a crime involving moral turpitude. |
Immigration |
|
M. Christen | Aug. 3, 2021 |
20-16092
|
Orellana v. Mayorkas
Under 'circumstance-specific' approach, district court is not limited to reviewing record in criminal case in determining loss to victim for purposes of 8 U.S.C. Section 1101(a)(43)(M)(i). |
Immigration |
|
S. Ikuta | Jul. 29, 2021 |
14-72003
|
Marinelarena v. Garland
Petitioner did not meet her burden of proof to show that her conviction did not involve federally controlled substance despite having ambiguous conviction record. |
Immigration |
|
S. Graber | Jul. 27, 2021 |
19-30222
|
U.S. v. Gonzalez-Valencia
Filing of Notice to Appear establishes immigration court's jurisdiction regardless of notice's failure to include time, date, and location of hearing. |
Immigration |
|
M. Bennett | Jul. 21, 2021 |
18-56359
|
Khachatryan v. Blinken
U.S. citizen adult child does not have protected liberty interest to bring alien parent into U.S. |
Immigration |
|
D. Collins | Jul. 15, 2021 |
18-73062
|
Lalayan v. Garland
Immigration Judge provided specific and cogent reasons for finding petitioner's testimony implausible. |
Immigration |
|
J. Wallace | Jul. 14, 2021 |
19-30006
|
U.S. v. Bastide-Hernandez
Jurisdiction of immigration court to enter order of removal vests upon filing of Notice to Appear, even one that does not inform alien of time, date, and location of hearing. |
Immigration |
|
D. Boggs | Jul. 13, 2021 |
19-70386
|
B.R. v. Garland
Improper service of Notice to Appear on minor-alien released from DHS custody was cured when DHS later perfected service by re-serving his attorney before substantive removal proceedings began. |
Immigration |
|
C. Bea | Jul. 13, 2021 |
17-72334
|
Escobar Santos v. Garland
California conviction for forgery of driver's license constitutes aggravated felony rendering petitioner ineligible for voluntary departure. |
Immigration |
|
J. Bybee | Jul. 12, 2021 |
17-72002
|
Posos-Sanchez v. Garland
Petitioner was not lawfully admitted to United States because 'inspection and authorization' in San Clemente, California was not 'port of entry.' |
Immigration |
|
K. Wardlaw | Jul. 8, 2021 |
20-55951
|
Flores v. Garland
District court order enjoining Department of Homeland Security from detaining certain minors in hotels for more than few days in process of expelling them from country was affirmed. |
Immigration |
|
M. Berzon | Jul. 1, 2021 |
19-897
|
Johnson v. Guzman Chavez
Aliens subject to reinstated orders of removal are governed by 8 U.S.C. Section 1231, not Section 1226, and are thus not entitled to bond hearings while they pursue withholding of removal. |
Immigration |
|
S. Alito | Jun. 30, 2021 |
19-72893
|
Zamorano v. Garland
Because there was no indication that immigration judge considered any favorable factors in making its discretionary voluntary departure determination, case was remanded. |
Immigration |
|
S. Ikuta | Jun. 28, 2021 |
19-72290
|
Bogle v. Garland
Board of Immigration Appeals did not err in determining that circumstance-specific approach applies to personal-use exception to removability based on drug convictions. |
Immigration |
|
M. Bennett | Jun. 24, 2021 |
18-72786
|
Kaur v. Garland
Evidence of petitioner's husband's death, her new status as widow, her in-laws' threats, and increasing violence towards women and particularly widows in India presented material changed country circumstances. |
Immigration |
|
S. Mendoza | Jun. 22, 2021 |
20-70587
|
Soto-Soto v. Merrick Garland
There was no clear error in granting Convention Against Torture relief because petitioner was tortured by Mexican police and was more likely than not to suffer future torture if removed. |
Immigration |
|
M. Smith | Jun. 14, 2021 |
20-315
|
Sanchez v. Mayorkas
Temporary Protected Status recipient who entered United States unlawfully is not eligible under 8 U.S.C. Section 1255 for Lawful Permanent Resident status. |
Immigration |
|
E. Kagan | Jun. 8, 2021 |
17-70845
|
Balerio Rubalcaba v. Garland
Immigration judge's discretion to reopen a case on his or her own motion is not limited by fact that noncitizen has previously been removed or departed. |
Immigration |
|
M. Murguia | Jun. 3, 2021 |
19-1155
|
Garland v. Ming Dai
Ninth Circuit's rule that in absence of explicit adverse credibility determination, petitioning alien's testimony must be deemed credible and true cannot be squared with Immigration and Nationality Act. |
Immigration |
|
N. Gorsuch | Jun. 2, 2021 |
15-72947
|
Vazquez Romero v. Garland
Government may parole returning lawful permanent resident into United States for prosecution without proving at border that petitioner is seeking admission. |
Immigration |
|
S. Ikuta | Jun. 1, 2021 |
19-73124
|
Dawson v. Garland
Board of Immigration Appeals properly denied petitioner's application for deferral of removal under Convention Against Torture because petitioner's circumstances changed significantly after Jamaican court issued protection order. |
Immigration |
|
K. Vratil | May 27, 2021 |
18-72985
|
Padilla Carino v. Garland
Without agreement between parents to transfer legal custody to naturalized parent during petitioner's childhood, 'nunc pro tunc' order cannot retroactively establish naturalized parent's sole legal custody for automatic derivative citizenship. |
Immigration |
|
J. Wallace | May 19, 2021 |
15-70636
|
Cheneau v. Garland
Second clause of derivative citizenship statute does not require lawful permanent residency to derive citizenship from naturalized parent, but child must have demonstrated objective official manifestation of permanent residence. |
Immigration |
|
S. Thomas | May 14, 2021 |
17-70538
|
Hernandez-Galand v. Garland
Petitioner's failure to appear due to inability to read and family's misinterpretation of hearing date were exceptional circumstances warranting reopening of in absentia removal order. |
Immigration |
|
E. Chen | May 13, 2021 |
19-72854
|
Route v. Garland
Micronesian citizen was subject to removal for committing crime of moral turpitude despite his ability to enter, reside, and work in U.S. under US-FSM Compact of Free Association. |
Immigration |
|
M. Smith | May 7, 2021 |
19-72090
|
Gonzalez-Veliz v. Garland
There was no abuse in discretion in immigration judge's decision to deem petitioner's application abandoned. |
Immigration |
|
E. Siler | May 5, 2021 |