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Name Category Published
U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). 		Immigration 9th Jan. 10, 2019
Amended Opinion: Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner's offense requires physical injury, and removal statute requires physical force. 		Immigration 9th Dec. 28, 2018
Olivas-Motta v. Whitaker
Case law determining Arizona endangerment constituted crime involving moral turpitude was not a change in law raising retroactivity concerns; thus, Board of Immigration Appeals did not err in dismissing petitioner's appeal. 		Immigration 9th Dec. 20, 2018
Idrees v. Whitaker
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers. 		Immigration 9th Dec. 14, 2018
Amended Opinion: Martinez-De Ryan v. Whitaker
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine. 		Immigration 9th Nov. 19, 2018
Melgoza Guerrero v. Whitaker
'Particularly serious crime' within the meaning of 8 U.S.C. Section 1231(b)(3)(B)(ii) not unconstitutionally vague because although it is an uncertain standard, it applies to real world facts. 		Immigration 9th Nov. 12, 2018
Regents of the University of California v. USDHS
Deferred Action for Childhood Arrivals was a permissible exercise of executive discretion, notwithstanding the Fifth Circuit's conclusion that Deferred Action for Parents of Americans and Lawful Permanent Residents program exceeded statutory authority. 		Immigration 9th Nov. 9, 2018
Menendez v. Whitaker
Section 288(c)(1), criminalizing 'lewd or lascivious conduct' by older person with 14 or 15 year old, is not categorically a crime of moral turpitude because covered actus reus is too broad, required mens rea too slight. 		Immigration 9th Nov. 9, 2018
Ma v. Sessions
8 C.F.R. Section 274a.12(b)(20) does not confer lawful immigration status for purposes of establishing eligibility for status adjustment under 8 U.S.C. Section 1255(k)(2); thus petition was denied. 		Immigration 9th Nov. 5, 2018
Saravia v. Sessions
Granting preliminary injunction to class of noncitizen minors, requiring a prompt hearing before a neutral decision-maker to contest gang allegations, was not an abuse of discretion because existing procedures were inadequate. 		Immigration 9th Oct. 2, 2018
Myers v. Sessions
Appellate panel may only base affirmance of removal on grounds considered and decided by BIA; remand required where evidence unclear as to petitioner's cancellation attempt based on continuous presence in United States. 		Immigration 9th Sep. 26, 2018
Sanchez v. Sessions
Evidence supporting immigrant's removal may be suppressed where gotten as result of regulatory violation; where such violation is 'egregious,' removal proceedings should be dismissed. 		Immigration 9th Sep. 20, 2018
Amended Opinion: U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair. 		Immigration 9th Sep. 17, 2018
Bartolome v. Sessions
Immigration Judge correctly found that fear of persecution from gangs in asylum petitioner's native country who perceived him to 'have money' is not a protected ground, thus there was no basis for withholding of removal. 		Immigration 9th Sep. 17, 2018
Amended Opinion: Villavicencio v. Sessions
A non-citizen may not be deported under 8 U.S.C. Section 1227 for a state criminal violation if such violation is not a categorical match to the corresponding federal offense. 		Immigration 9th Sep. 12, 2018
U.S. v. Garcia-Lopez
Because California robbery is no longer a 'crime of violence,' the panel vacated the district court's order denying Appellant's motion to withdraw his guilty plea for illegally reentering the United States after deportation. 		Immigration 9th Sep. 10, 2018
Diaz-Jimenez v. Sessions
To be grounds for removal based on 8 U.S.C. Section 1182(a)(6)(C)(ii)(I), a 'false representation for a purpose or benefit' under 8 U.S.C. section 1324 must be based on such a representation made on a Form I-9 seeking private employment. 		Immigration 9th Aug. 31, 2018
Atenia Lorenzo v. Sessions
The California definition of methamphetamine is broader than the federal definition; thus Appellant's conviction do not qualify as grounds for removal. 		Immigration 9th Aug. 30, 2018
Quiroz Parada v. Sessions
Government fails to rebut presumption of asylum applicant's well-founded fear of future persecution where court relies on out-of-date country condition reports, and political party that perpetrated the persecution has assumed power. 		Immigration 9th Aug. 30, 2018
U.S. v. Flores
'Receipt of stolen property' is a distinct aggravated felony independent of 'theft;' thus a California conviction for receipt of stolen property may be deemed categorically an aggravated felony within the aegis of the Immigration and Naturalization Act. 		Immigration 9th Aug. 29, 2018
Barrera-Lima v. Sessions
Washington's indecent exposure statute does not require lewd intent as is required under immigration laws; thus, defendant's conviction was not a crime of moral turpitude under 8 U.S.C. Section 1229b(b). 		Immigration 9th Aug. 27, 2018
Nguyen v. Sessions
The BIA wrongly determined that a legal permanent resident (LPR) was ineligible for cancellation of removal based on rule relating to inadmissibility, given the petitioner, as an LPR, couldn't be rendered 'inadmissible.' 		Immigration 9th Aug. 24, 2018
Lopez v. Sessions
Convictions expunged under California Penal Code Section 1203.4 generally remain sufficient grounds for subsequent removal proceedings. 		Immigration 9th Aug. 23, 2018
Dent v. Sessions
Arizona state crime of third-degree escape not 'aggravated felony' under categorical approach comparison with federal 'crime of violence,' as former criminalizes conduct not implicating use or threat of force. 		Immigration 9th Aug. 20, 2018
Orlando Vasquez-Valle v. Sessions
BIA erred when it concluded petitioner's conviction under an Oregon statute was a crime involving moral turpitude (CIMT), where underlying offense criminalized broader conduct than general federal CIMT 		Immigration 9th Aug. 13, 2018
Anaya Arce v. U.S.
Where DHS action removing noncitizen violated a court order staying removal order, DHS action falls outside reach of jurisdiction-stripping statute. 		Immigration 9th Aug. 10, 2018
Alvarez-Cerriteno v. Sessions
Nevada's child neglect statute makes criminal more conduct than does the federal Immigration and Nationality Act's generic 'crime of child abuse;' thus petitioner's conviction does not qualify as a predicate offense under the categorical approach. 		Immigration 9th Aug. 9, 2018
Nicusor-Remus v. Sessions
Even 'brief departure' across border constitutes execution of removal order; subsequent removal order needed before appellate court can exercise jurisdiction over Visa Waiver Program participant's asylum denial may be reviewed. 		Immigration 9th Aug. 9, 2018
U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair. 		Immigration 9th Aug. 3, 2018
Guo v. Sessions
BIA erred by finding Petitioner's asylum claims failed to rise to the level of religious persecution, portraying harm to petitioner as 'single, isolated' encounter with the authorities. 		Immigration 9th Jul. 31, 2018
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