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City and County of San Francisco v. USCIS
Panel preserved prior, longstanding public policy by affirming injunction against enforcing Department of Homeland Security's new definition of 'public charge.'
Immigration 9th Dec. 3, 2020
Amended Opinion: Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act.
Immigration 9th Nov. 25, 2020
Castillo v. Barr
Board of Immigration Appeals' decision to give reduced weight to expert's opinion on basis that it was not corroborated by other evidence was erroneous.
Immigration 9th Nov. 19, 2020
Sanchez Rosales v. Barr
Board of Immigration Appeals abused its discretion by denying petitioners' motion to reopen based on failure to show prejudice.
Immigration 9th Nov. 19, 2020
Medina-Rodriguez v. Barr
Applying time-of-conviction rule, petitioner's conviction qualified as aggravated felony because California and federal definitions of marijuana were identical at time of his conviction.
Immigration 9th Nov. 2, 2020
Velasquez-Rios v. Barr
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 9th Oct. 29, 2020
Ortega-Lopez v. Barr
Board of Immigration Appeals properly concluded that petitioner had been convicted of an offense under 8 U.S.C. Section 1227(a)(2) and thus ineligible for cancellation of removal under Section 1229b(b).
Immigration 9th Oct. 21, 2020
Cortes-Maldonado v. Barr
Oregon's former marijuana delivery statute is not 'illicit trafficking of a controlled substance' offense, and thus, petitioner's conviction for that offense did not make him removable as aggravated felon.
Immigration 9th Oct. 16, 2020
Mukulumbutu v. Barr
Substantial evidence supported petitioner's adverse credibility determination based on inconsistencies, an omission, and implausibilities in the record.
Immigration 9th Oct. 14, 2020
Roman v. Wolf
Provisions of preliminary injunction ordering specific measures to be implemented at Immigration and Customs Enforcement Processing Center were vacated and remanded in light of its COVID-19 outbreak.
Immigration 9th Oct. 14, 2020
Velasquez-Gaspar v. Barr
Substantial evidence supported agency's determination that petitioner failed to establish that Guatemalan government was unwilling or unable to protect her from abuse by her ex-boyfriend.
Immigration 9th Oct. 1, 2020
Torres v. Barr
'At the time of application for admission' in 8 U.S.C. Section 1182(a)(7) refers to particular point in time when noncitizen submits an application to physically enter the United States.
Immigration 9th Sep. 25, 2020
Amended Opinion: Dominguez v. Barr
Petitioner's state conviction of manufacturing marijuana was categorical match to aggravated felony drug trafficking offense under Controlled Substances Act; thus, petitioner was removable.
Immigration 9th Sep. 21, 2020
Safaryan v. Barr
Board of Immigration Appeals correctly determined that petitioner's conviction under California Penal Code Section 245(a)(1) was for a crime involving moral turpitude.
Immigration 9th Sep. 18, 2020
Bare v. Barr
Although immigration judge did not analyze crime's elements in isolation, he referenced facts that went directly to each element in his analysis as supporting the conclusion that petitioner's conviction constituted particularly serious crime.
Immigration 9th Sep. 17, 2020
Amended Opinion: Guerra v. Barr
Board of Immigration Appeals failed to engage in clear error review in reversing Immigration Judge's decision that petitioner established a probability that he would be subjected to torture in criminal detention.
Immigration 9th Sep. 14, 2020
J.R. v. Barr
Substantial evidence did not support Board of Immigration Appeals' conclusion that El Salvadoran government was willing and able to control gang that attacked petitioner and his family.
Immigration 9th Sep. 14, 2020
Gonzalez v. U.S. Immigration and Customs Enforcement
Fourth Amendment requires prompt probable cause determination by neutral and detached magistrate to justify continued detention pursuant to immigration detainer.
Immigration 9th Sep. 14, 2020
Jaimes-Cardenas v. Barr
Domestic violence waiver established under 8 U.S.C. Section 1227(a)(7), and made applicable to cancellation of removal by Section 1229b(b)(5), is limited to crimes of domestic violence and stalking.
Immigration 9th Sep. 2, 2020
Iman v. Barr
In order to base adverse credibility determination on petitioner's nonresponsiveness, agency must identify specific instances, supported by the record, where petitioner did not respond.
Immigration 9th Aug. 26, 2020
Yim v. Barr
California Penal Code Section 118(a) was a categorical match with Board of Immigration Appeals' generic definition of perjury, and thus constituted an 'aggravated felony.'
Immigration 9th Aug. 26, 2020
Aliyev v. Barr
Board of Immigration Appeals abused its discretion by denying Petitioner's motion to reopen under 8 C.F.R. Section 1003.2(c)(1).
Immigration 9th Aug. 25, 2020
Cheneau v. Barr
Petitioner's burglary conviction was not a crime-of-violence aggravated felony that rendered him removable.
Immigration 9th Aug. 20, 2020
Flores Castro v. Hernandez Renteria
Under Hague Convention on the Civil Aspects of International Child Abduction, if guardian fails to petition for child's return within one year, judicial authority is not required to order return.
Immigration 9th Aug. 20, 2020
Akosung v. Barr
Eluding pursuers at great effort and risk does not establish an ability to relocate to avoid persecution or torture.
Immigration 9th Aug. 17, 2020
Enriquez v. Barr
Petitioner was not 'admitted' within meaning of cancellation of removal statute when he was approved as derivative beneficiary of his mother's self-petition under Violence Against Women Act.
Immigration 9th Aug. 14, 2020
Gomez Fernandez v. Barr
Murder conviction under Penal Code Section 187(a) is an aggravated felony under Immigration and Nationality Act that rendered petitioner removable.
Immigration 9th Aug. 14, 2020
Syed v. Barr
Penal Code Section 288.3(a) conviction based on specific intent to commit Section 288 offense constitutes categorical crime involving moral turpitude.
Immigration 9th Aug. 13, 2020
Diaz-Reynoso v. Barr
'Matter of A-B-' restated the rule that a particular social group must 'exist independently' of the harm asserted in an application for asylum or statutory withholding of removal.
Immigration 9th Aug. 10, 2020
Davila v. Barr
Substantial evidence did not support Board of Immigration Appeals' determination that petitioner failed to establish that Nicaraguan government was unwilling or unable to protect her from persecution.
Immigration 9th Aug. 10, 2020