| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
23-204
|
Leon Perez v. Garland
The offense of attempted lewdness with a child under 14, in violation of Nevada law, constituted an attempted "sexual abuse of a minor" aggravated felony that rendered petitioner removable. |
Immigration |
|
M. Bennett | Jul. 1, 2024 |
|
19-72779
|
Cordero-Garcia v. Garland
Petitioner could not establish difference between state definition of obstruction of justice and generic federal offense after U.S. Supreme Court held no nexus to a pending proceeding was required. |
Immigration |
|
A. Hurwitz | Jun. 28, 2024 |
|
22-704
|
Alfaro Manzano v. Garland
Asylum seeker needed only to demonstrate that persecution for membership in a protected category was a central reason, not the but-for cause, of his circumstances to be eligible for asylum. |
Immigration |
|
W. Orrick | Jun. 26, 2024 |
|
23-334
|
Department of State v. Munoz
A U.S. citizen does not have a fundamental liberty interest in a noncitizen spouse being admitted to the country. |
Constitutional Law, Immigration |
|
A. Barrett | Jun. 24, 2024 |
|
23-459
|
Gonzalez-Lara v. Garland
Asylum seeker's petition was denied given substantial evidence supported that her fear of gangs from her native country was not objectively reasonable. |
Immigration |
|
S. Thomas | Jun. 18, 2024 |
|
21-30177
|
U.S. v. Leopoldo Rivera-Valdes
Defendant's deportation in absentia did not violate due process and the government was not required to take "additional reasonable steps" to notify defendant. |
Immigration |
|
P. Curiam (9th Cir.) | Jun. 18, 2024 |
|
22-674
|
Campos-Chaves v. Garland
In absentia removal orders are valid despite initially defective notices so long as a second notice clarifying the time and place of the hearing is properly given. |
Immigration |
|
S. Alito | Jun. 17, 2024 |
|
22-954
|
Smith v. Garland
Petitioner failed to preserve document authentication challenges in removability proceedings by challenging only the accuracy of the information on the documents, rather than whether the documents were what they purported to be. |
Immigration |
|
M. Christen | Jun. 4, 2024 |
|
19-72446
|
Suate-Orellana v. Garland
Board of Immigration Appeals' failure to consider asylum seeker's argument that her removal notice was legally deficient merited remand of her case for reconsideration of her claim in light of intervening authorities. |
Immigration |
|
J. Nguyen | May 8, 2024 |
|
17-10548
|
U.S. v. Hansen
Supreme Court's decision in *United States v. Hansen* compelled the insertion of an intentionality element into the jury instruction for encouraging or inducing an alien to reside unlawfully. |
Immigration |
|
R. Gould | Apr. 4, 2024 |
|
22-211
|
Singh v. Garland
Asylum seeker was erroneously denied a finding (and the associated burden-shifting presumption) that he suffered harm rising to the level of persecution. |
Immigration |
|
K. Vratil | Mar. 25, 2024 |
|
22-970
|
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 | Mar. 20, 2024 |
|
22-666
|
Wilkinson v. Garland
An Immigration Judge's "exceptional and extremely unusual" hardship determination was a mixed question of law and fact that was reviewable under 8 United States Code Section 1252(a)(2)(D). |
Immigration |
|
S. Sotomayor | Mar. 20, 2024 |
|
22-50146
|
U.S. v. Orozco-Orozco
California carjacking statute was not a categorical match for generic theft offense and could not serve as the predicate offense for expedited removal purposes under the Immigration and Nationality Act. |
Immigration |
|
M. Christen | Mar. 13, 2024 |
|
21-895
|
Kalulu v. Garland
Immigration Judge's determination that Zambian lesbian's claims of future persecution lacked credibility was supported by substantial evidence. |
Immigration |
|
L. VanDyke | Mar. 12, 2024 |
|
21-1244
|
Uribe Adrade v. Garland
Board of Immigration Appeals did not commit legal error in finding that asylum petitioner's proposed social group (Mexicans with psychotic mental health disorders) lacked particularity. |
Immigration |
|
D. Bress | Mar. 4, 2024 |
|
23-9
|
Guzman-Maldonado v. Garland
Under the categorical approach, state-level armed robbery conviction carrying prison term of more than one year was an aggravated felony for immigration removability purposes. |
Immigration |
|
A. Hurwitz | Feb. 15, 2024 |
|
20-72510
|
Amended Opinion: Figueroa Ochoa v. Garland
Ninth Circuit court lacked jurisdiction to hear petitioner's appeal from Board of Immigration's decision to denying his request to cancel removal or adjust his immigration status. |
Immigration |
|
D. Ezra | Feb. 7, 2024 |
|
21-50031
|
U.S. v. Gonzalez-Godinez
Government was not required to provide further clarification to non-citizen regarding his Miranda and administrative rights where they were not contradictory or confusing. |
Immigration |
|
K. Lee | Jan. 4, 2024 |
|
21-411
|
Alcarez-Rodriguez v. Garland
Board of Immigration Appeals failure to properly evaluate asylum applicant's request to reopen constituted abuse of discretion when application provided documented reasons for missing deadline. |
Immigration |
|
R. Gilman | Dec. 29, 2023 |
|
21-456
|
Rodriguez-Hernandez v. Garland
Petitioner was not eligible for cancellation of removal because Revised Code of Washington Section 9A.46.020 for misdemeanor harassment was a categorical crime of violence. |
Immigration |
|
J. Rawlinson | Dec. 28, 2023 |
|
22-16700
|
Babaria v. Blinken
Immigrants seeking injunctive relief could not demonstrate regulation requiring available visas before approving employment-based adjustment applications violated congressional intent. |
Immigration |
|
J. Nguyen | Dec. 4, 2023 |
|
22-1168
|
Tellez-Ramirez v. Garland
Permanent resident's removal was correct as his drug conviction under Idaho law was an aggravated felony because it matched relevant federal crime. |
Immigration |
|
S. Graber | Nov. 30, 2023 |
|
21-352
|
Zuniga De La Cruz v. Garland
Exclusionary rule does not apply to civil immigration proceedings, so statements admitting illegal presence in the United States were admissible absent any evidence of coercion. |
Immigration |
|
D. Bress | Nov. 20, 2023 |
|
18-71220
|
Hermosillo v. Garland
Noncitizen was entitled to merits hearting because his credible testimony regarding cartel violence against relatives was sufficient for preliminary showing that he faced reasonable possibility of torture if removed. |
Immigration |
|
J. Sung | Sep. 15, 2023 |
|
21-1098
|
Rudnitskyy v. Garland
Lawful permanent resident convicted of aggravated felony after residing in the United States for seven years was ineligible for relief because he committed the offense before the seven year period ended. |
Immigration |
|
J. Sung | Sep. 15, 2023 |
|
15-72821
|
Alonso-Juarez v. Garland
A petitioner must file a petition for review of an immigration judge's determination of reasonable fear of persecution or torture thirty days after the reasonable fear proceeding. |
Immigration |
|
M. Murguia | Sep. 11, 2023 |
|
21-10260
|
U.S. v. Portillo-Gonzalez
Defendant's challenge to removal order was not challengeable because he failed to exhaust administrative remedies and was not deprived of judicial review. |
Immigration |
|
D. Collins | Sep. 1, 2023 |
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