Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S260270
|
People v. Vivar
Defendant demonstrated reasonable probability that if he had been properly advised by counsel about immigration consequences of his plea, he wouldn't have pleaded guilty. |
Immigration |
|
M. Cuéllar | May 4, 2021 |
19-863
|
Niz-Chavez v. Garland
A notice to appear that is sufficient to trigger the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 'stop-time rule' must be a single detailed document. |
Immigration |
|
N. Gorsuch | Apr. 30, 2021 |
18-70191
|
Alvarado-Herrera v. Garland
Substantial evidence did not support immigration judge's determination that petitioner failed to establish reasonable fear of torture with acquiescence of public official, given petitioner's assertions of police complicity in gang's violent acts. |
Immigration |
|
P. Watford | Apr. 14, 2021 |
19-16487
|
Amended Opinion: East Bay Sanctuary Covenant v. Barr
Rule denying asylum to aliens arriving at US border with Mexico unless they first applied for, and had been denied, asylum in Mexico or another country they traveled through, was unlawful. |
Immigration |
|
W. Fletcher | Apr. 9, 2021 |
19-71104
|
Rodriguez Tornes v. Garland
Petitioner established nexus between her mistreatment in Mexico and her feminist political opinion; thus, she was eligible for asylum and entitled to withholding of removal. |
Immigration |
|
S. Graber | Apr. 6, 2021 |
16-70130
|
Silva v. Garland
Board of Immigration Appeals properly determined petty theft under Penal Code Section 484(a) is a crime involving moral turpitude, making defendant removable. |
Immigration |
|
S. Ikuta | Mar. 31, 2021 |
19-72381
|
Acevedo Granados v. Garland
Intellectual disability may be sufficient to establish cognizable social group for purposes of asylum and withholding of removal. |
Immigration |
|
R. Clifton | Mar. 25, 2021 |
18-17274
|
Amended Opinion: East Bay Sanctuary Covenant v. Biden
Rule that requires migrants to enter country at ports of entry to preserve eligibility for asylum was substantively invalid because it conflicted with Immigration and Nationality Act. |
Immigration |
|
R. Paez | Mar. 25, 2021 |
20-70240
|
Rodriguez v. Garland
Board of Immigration Appeals' denial of motion to reopen was affirmed because petitioner's motion was based solely on evidence of his changed circumstances. |
Immigration |
|
L. VanDyke | Mar. 16, 2021 |
19-73000
|
Aguilar-Osorio v. Garland
Courts cannot independently take judicial notice of a report that is not a part of the record. |
Immigration |
|
P. Curiam (9th Cir.) | Mar. 16, 2021 |
16-73745
|
Villegas Sanchez v. Garland
Substantial evidence supported Board of Immigration Appeals' determination that petitioner failed to establish past harm rising to level of persecution from threats alone. |
Immigration |
|
R. Nelson | Mar. 12, 2021 |
19-438
|
Pereida v. Wilkinson
Under the Immigration and Nationality Act, certain nonpermanent residents seeking to cancel a lawful removal order bear the burden of showing they have not been convicted of a disqualifying offense. |
Immigration |
|
N. Gorsuch | Mar. 5, 2021 |
17-71313
|
Aden v. Wilkinson
Petitioner erroneously denied asylum and withholding of removal from Somalia after demonstrating that he suffered past persecution on account of his religious and political belief. |
Immigration |
|
R. Paez | Mar. 5, 2021 |
14-73182
|
Lazo v. Wilkinson
Petitioner's conviction for possession of cocaine in violation of California Health and Safety Code Section 11350 qualifies as 'controlled substance offense,' thereby rendering him removable. |
Immigration |
|
D. Collins | Mar. 1, 2021 |
18-72990
|
Amended Opinion: Velasquez-Rios v. Wilkinson
Amendment to California Penal Code Section 18.5 which retroactively reduced maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under 8 U.S.C. Section 1227(a)(2)(A)(i). |
Immigration |
|
R. Gould | Feb. 25, 2021 |
18-71515
|
Chacon v. Wilkinson
Petitioner was ineligible for asylum because his conviction under 18 U.S.C. Section 922(a)(1)(A) qualified as 'aggravated felony' under Immigration and Nationality Act. |
Immigration |
|
D. Bress | Feb. 19, 2021 |
19-72803
|
Naranjo Garcia v. Wilkinson
Sweeping retaliation towards family unit over time can demonstrate a kind of 'animus' distinct from 'purely personal retribution' in determining whether petitioner is eligible for asylum relief. |
Immigration |
|
R. Gould | Feb. 19, 2021 |
18-72433
|
Santos-Ponce v. Wilkinson
Petitioner failed to establish nexus between alleged persecution and his proposed particular social group based on membership in his family; thus, Board of Immigration Appeals properly denied asylum relief. |
Immigration |
|
L. VanDyke | Feb. 11, 2021 |
15-73122
|
Macedo Templos v. Wilkinson
Board of Immigration Appeals erred in finding petitioner was not subjected to any harm by Mexican officials for purposes of Convention Against Torture relief. |
Immigration |
|
J. Wallace | Feb. 10, 2021 |
16-72926
|
Tomczyk v. Wilkinson
Illegal reentry under 8 U.S.C. Section 1231(a)(5) requires more than mere status of inadmissibility. |
Immigration |
|
W. Fletcher | Feb. 4, 2021 |
19-30006
|
U.S. v. Bastide-Hernandez
An immigration court's jurisdiction vests upon filing of Notice to Appear even if lacking time, date, and location of hearing. |
Immigration |
|
D. Boggs | Feb. 3, 2021 |
18-73001
|
Kaur v. Wilkinson
Board of Immigration Appeals erroneously denied asylum to petitioner because her credible testimony about attempted gang rape was sufficient to establish past persecution. |
Immigration |
|
K. Wardlaw | Feb. 1, 2021 |
19-16441
|
Bello-Reyes v. Gaynor
'Nieves v. Bartlett's holding that presence of probable cause generally defeats retaliatory criminal arrest claim is inapplicable in habeas challenges of immigration bond revocations. |
Immigration |
|
S. Thomas | Jan. 15, 2021 |
18-70780
|
Hussain v. Rosen
Substantial evidence supported Board of Immigration Appeals' finding that petitioner failed to meet his burden of proof for asylum because petitioner was not a victim of persecution. |
Immigration |
|
L. VanDyke | Jan. 12, 2021 |
17-72888
|
Hernandez Flores v. Rosen
Under Special Agricultural Worker program, immigrants may still be removed based on disqualifying convictions, even after their automatic adjustment to permanent resident status. |
Immigration |
|
D. Bress | Dec. 31, 2020 |
19-56326
|
Flores v. Rosen
Government regulations were consistent with 'Flores' agreement except to extent they required bond hearing to unaccompanied minors held in secure placements only if they request one. |
Immigration |
|
M. Berzon | Dec. 30, 2020 |
17-72197
|
Nguyen v. Barr
Board of Immigration Appeals properly concluded that petitioner's proposed social group comprised of 'known drug users' was not legally cognizable because it lacked particularity. |
Immigration |
|
J. Wallace | Dec. 22, 2020 |
19-16849
|
Innova Solutions v. Baran
U.S. Citizenship and Immigration Services' reading of Department of Labor's Occupational Outlook Handbook was arbitrary and capricious, warranting reversal of summary judgment. |
Immigration |
|
J. Owens | Dec. 17, 2020 |
19-70932
|
Singh v. Barr
8 U.S.C. Section 1252 clearly and convincingly circumscribes judicial review of motions to reopen credible fear determinations. |
Immigration |
|
J. Bybee | Dec. 10, 2020 |
18-35072
|
Tovar v. Zuchowski
To qualify for derivative U-visa as spouse, person need not have been married to applicant when Form I-918 was filed, so long as marriage exists when applicant receives U-visa. |
Immigration |
|
S. Graber | Dec. 4, 2020 |