| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-3558
|
Villagomez v. McHenry
Nevada felony battery resulting in substantial bodily harm is categorically a crime of violence for the purposes of removal. |
Immigration |
|
T. Tymkovich | Jan. 27, 2025 |
|
23-10043
|
U.S. v. Patnaik
H1-B visa applicants could be prosecuted for visa fraud regardless of whether the false information provided was in response to legally allowed questions. |
Immigration |
|
P. Bumatay | Jan. 15, 2025 |
|
19-70960
|
Godoy-Aguilar v. Garland
California Penal Code Section 136.1(c)(1) is a categorical match for the generic federal offense of an aggravated felony relating to obstruction of justice. |
Immigration |
|
C. Bea | Jan. 14, 2025 |
|
21-35023
|
Martinez v. Clark
Board of Immigration Appeals did not abuse its discretion by concluding defendant's rehabilitative efforts and compliance with the law did not outweigh his apparent dangerousness due to past cocaine distribution. |
Immigration, Habeas Corpus |
|
P. Bumatay | Dec. 30, 2024 |
|
23-1887
|
Magana-Magana v. Garland
Ninth Circuit had jurisdiction to review whether a non-citizen showed "extraordinary circumstances" to waive the one-year motion-to-reopen deadline under the Violence Against Women Act (VAWA). |
Immigration |
|
M. Smith | Dec. 27, 2024 |
|
23-2065
|
Singh v. Garland
Board of Immigration Appeals erred in denying asylum seeker's motion to reopen when information independent of a prior adverse credibility finding was presented. |
Immigration |
|
C. Bea | Dec. 26, 2024 |
|
21-1096
|
Chmukh v. Garland
A petitioner's conviction for Washington possession of a stolen vehicle was an aggravated felony and rendered him ineligible for asylum. |
Immigration |
|
R. Nelson | Dec. 24, 2024 |
|
23-583
|
Bouarfa v. Mayorkas
Federal courts do not have jurisdiction to review the Secretary of Homeland Security's revocation of a visa petition previously approved but subsequently denied due to evidence of sham marriage. |
Immigration |
|
K. Jackson | Dec. 11, 2024 |
|
23-114
|
Aleman-Belloso v. Garland
Mischaracterization of claimed social group and failure to analyze government's role in alleged past persecution required remand to determine whether petitioner was eligible for asylum. |
Immigration |
|
S. Mendoza | Nov. 14, 2024 |
|
23-576
|
Corpeno-Romero v. Garland
Board of Immigration Appeals erred by failing to consider the existence and impact of gang's specific and credible threats towards asylum seekers. |
Immigration |
|
G. Sanchez | Oct. 24, 2024 |
|
22-55988
|
Al Otro Lado v. Mayorkas
Noncitizens refused processing under border "metering" policy after presenting themselves at ports of entry were entitled to relief because border officials withheld a mandatory duty to inspect them for admissibility. |
Immigration |
|
M. Friedland | Oct. 24, 2024 |
|
21-304
|
Montejo-Gonzalez v. Garland
Two major car accidents delaying Petitioner, who would have otherwise timely attended her immigration hearing, constituted "exceptional circumstances" meriting a reopening of her case. |
Immigration |
|
R. Desai | Oct. 18, 2024 |
|
23-973
|
Meza Diaz v. Garland
Failure to consider probative evidence establishing a nexus between harm and a petitioner's membership in a protected social group required a remand of an asylum petition. |
Immigration |
|
R. Paez | Oct. 9, 2024 |
|
23-95
|
Singh v. Garland
BIA made an erroneous adverse credibility determination of asylum applicant based on the perceived similarities between his case and those of other applicants from the same region. |
Immigration |
|
G. Sanchez | Oct. 7, 2024 |
|
20-70050
|
Singh v. Garland
In abstentia removal order was rescinded for a petitioner whose hearing was rescheduled two years earlier than the original date and whose attorney failed to file a notice of appearance. |
Immigration |
|
R. Gould | Sep. 18, 2024 |
|
23-870
|
Lopez v. Garland
Board of Immigration Appeals decision that Reno petit larceny was a "crime involving moral turpitude" was entitled to deference and supported the denial of petitioner's request for asylum. |
Immigration |
|
S. Thomas | Sep. 12, 2024 |
|
22-1910
|
Amended Opinion: Bent v. Garland
California Penal Code Section 1473.7(a)(1) does not allow for vacatur of state convictions solely to alleviate immigration consequences and therefore can affect a conviction's validity for immigration purposes. |
Immigration |
|
S. Mendoza | Sep. 9, 2024 |
|
23-835
|
Dominguez Ojeda v. Garland
Remand was necessary where immigration judge mistakenly believed it lacked authority to consider evidence not presented to asylum officer during reasonable fear screening. |
Immigration |
|
R. Desai | Aug. 30, 2024 |
|
21-1325
|
Zia v. Garland
Ninth Circuit lacked jurisdiction to address defendant's factual challenge to the adverse credibility finding made by the Bureau of Immigration Appeals. |
Immigration |
|
C. Callahan | Aug. 27, 2024 |
|
20-73293
|
Meza-Carmona v. Garland
Foreign-born appellant's application for citizenship was properly denied when he failed to show by preponderance of evidence that his mother met continuous physical presence requirement. |
Immigration |
|
A. Johnstone | Aug. 27, 2024 |
|
22-970
|
Amended Opinion: Tapia Coria v. Garland
Ninth Circuit lacked jurisdiction to review Board of Immigration Appeals determination because *Nasrallah v. Barr* abrogated the "on the merits" exception to the "criminal alien bar." |
Immigration |
|
D. Bress | Aug. 19, 2024 |
|
22-1910
|
Bent v. Garland
California Penal Code Section 1473.7(a)(1) does not allow for vacatur of state convictions solely to alleviate immigration consequences and therefore can affect a conviction's validity for immigration purposes. |
Immigration |
|
S. Mendoza | Aug. 16, 2024 |
|
23-16114
|
U.S. ex rel. Lesnik v. ISM Vuzem d.o.o.
Plaintiffs failed to allege a valid False Claims Act claim based on defendant employer applying for a cheaper visa because defendant had no obligation to pay for a more expensive visa. |
Immigration |
|
M. Schroeder | Aug. 13, 2024 |
|
20-10415
|
U.S. v. Valdivias-Soto
District court correctly dismissed indictment for illegal reentry, where translation errors invalidated defendant's waiver of his rights to counsel and to appeal. |
Immigration |
|
E. Korman | Aug. 12, 2024 |
|
22-35203
|
Nakka v. U.S. Citizenship and Immigration Services
While 8 U.S.C. Section 1252(a)(2)(B)(i) precludes review of the decision to deny an immigration status adjustment, it does not strip federal district courts of jurisdiction to hear collateral challenges. |
Immigration |
|
J. Sung | Aug. 7, 2024 |
|
23-308
|
Kumar v. Garland
An asylum petitioner demonstrated conduct rising to the level of persecution when he presented evidence of political/social opposition's use of physical violence in tandem with death threats. |
Immigration |
|
E. Wallach | Aug. 5, 2024 |
|
21-1228
|
G.C. v. Garland
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness. |
Immigration |
|
L. VanDyke | Jul. 31, 2024 |
|
16-71315
|
Shen v. Garland
An adverse credibility determination of a flustered asylum petitioner was unduly influenced by a misstatement of Chinese law during a cross-examination. |
Immigration |
|
D. Collins | Jul. 25, 2024 |
|
22-507
|
Colin-Villavicencio v. Garland
Petitioner failed to demonstrate that she was eligible for derivative citizenship because her parents were not married and her father, who was not a naturalized citizen, acknowledged paternity. |
Immigration |
|
R. Nelson | Jul. 24, 2024 |
|
21-130
|
Gutierrez v. Garland
California carjacking under Cal. Pen. Code Section 215(a) is not a categorical crime of violence. |
Immigration |
|
R. Clifton | Jul. 3, 2024 |
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