| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
19-17213
|
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 |
|
M. Schroeder | Dec. 3, 2020 |
|
15-72999
|
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 |
|
W. Fletcher | Nov. 25, 2020 |
|
19-72745
|
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 |
|
J. Wallace | Nov. 19, 2020 |
|
18-70666
|
Sanchez Rosales v. Barr
Board of Immigration Appeals abused its discretion by denying petitioners' motion to reopen based on failure to show prejudice. |
Immigration |
|
J. Choe-Groves | Nov. 19, 2020 |
|
19-72681
|
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 |
|
M. Smith | Nov. 2, 2020 |
|
18-72990
|
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 |
|
R. Gould | Oct. 29, 2020 |
|
18-72441
|
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 |
|
S. Ikuta | Oct. 21, 2020 |
|
18-70927
|
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 |
|
R. Paez | Oct. 16, 2020 |
|
19-72499
|
Mukulumbutu v. Barr
Substantial evidence supported petitioner's adverse credibility determination based on inconsistencies, an omission, and implausibilities in the record. |
Immigration |
|
R. Gould | Oct. 14, 2020 |
|
20-55436
|
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 |
|
P. Curiam (9th Cir.) | Oct. 14, 2020 |
|
17-71964
|
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 |
|
C. Callahan | Oct. 1, 2020 |
