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Amended Opinion: Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country.
Immigration 9th Dec. 5, 2022
Galvez v. Jaddou
Permanent injunction permitting tolling of deadlines for special immigrant juvenile petitioners must be tailored to meet statutory requirements.
Immigration 9th Nov. 4, 2022
Hernandez v. Garland
An immigration judge may use a probable-cause declaration in Form I-213, Record of Deportable/Inadmissible Alien, to determine whether a crime was serious to bar an applicant's request for asylum.
Immigration 9th Nov. 1, 2022
Mendoza-Linares v. Garland
Ninth Circuit lacked jurisdiction to hear petition challenging expedited removal proceedings because of comprehensive jurisdictional limits prohibiting review of expedited proceedings implemented by statute.
Immigration 9th Oct. 25, 2022
Lopez v. Garland
The Immigration Judge improperly denied immigrant's application for relief under the Convention Against Torture by disregarding relevant evidence and making unsupported conclusions about the alleged police violence.
Immigration 9th Oct. 24, 2022
Dong v. Garland
Where the Immigration Judge's and Board of Immigration Appeals's factual findings are supported by substantial evidence and well-grounded reasoning, their adverse credibility determinations must be kept intact.
Immigration 9th Oct. 20, 2022
Munoz v. U.S. Dept. of State
The government violated the notice requirements of due process when it did not provide evidence supporting a consular official's decision to deny a visa application until three years after the denial.
Immigration 9th Oct. 6, 2022
De La Rosa-Rodriguez v. Garland
Assuming statutory jurisdiction arguendo, petitioner's claim for cancellation of removal had no merit because his only claim for unusual hardship was based on economic detriment to his children.
Immigration 9th Sep. 28, 2022
Lara-Garcia v. Garland
Board of Immigration Appeals erred as a matter of law in denying sua sponte reopening because petitioner would have been eligible for relief under Federal First Offender Act had his offense been prosecuted as a federal crime.
Immigration 9th Sep. 27, 2022
U.S. v. Rodriguez
Defendant may be able to show that lawyer's incorrect advice that avoiding immigration removal could be possible was ineffective assistance of counsel depending on importance of immigration consequences to defendant.
Immigration 9th Sep. 26, 2022
Amended Opinion: Velasquez-Samayoa v. Garland
Board of Immigration Appeals erred by failing to assess petitioner's aggregate risk of being tortured where petitioner posited two alternative theories of why he would be tortured if removed.
Immigration 9th Sep. 26, 2022
Amended Opinion: Hernandez v. Garland
Non-citizen was ineligible for cancellation of removal because his grant of temporary protected status did not constitute an admission to the United States for purposes of obtaining lawful permanent resident status.
Immigration 9th Sep. 15, 2022
Singh v. Garland
Substantial evidence did not support the Board of Immigration Appeals' determination that the harm petitioner suffered did not rise to the level of persecution.
Immigration 9th Sep. 15, 2022
Hernandez Avilez v. Garland
Noncitizens subject to mandatory detention under United States Code Section 1226(c) are not eligible for release on bond during the judicial phase of the proceedings.
Immigration 9th Sep. 9, 2022
Gonzalez-Castillo v. Garland
INTERPOL Red Notice lacking any specific factual allegations was insufficient to establish probable cause that asylum applicant had committed a serious non-political crime before arriving in the United States.
Immigration 9th Sep. 1, 2022
Singh v. Garland
Board of Immigration Appeals erred in concluding petitioner's motion to reopen was foreclosed by prior adverse credibility determination because petitioner submitted new evidence independent of prior adverse credibility finding.
Immigration 9th Aug. 31, 2022
Romero-Millan v. Garland
Petitioner's Arizona conviction for use of or possession with intent to use drug paraphernalia was a conviction for a controlled substance offense that properly supported the order of removal against him.
Immigration 9th Aug. 30, 2022
Amended Opinion: U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act.
Immigration 9th Aug. 18, 2022
Cordero-Garcia v. Garland
For purposes of the Immigration Nationality Act, dissuading or attempting to dissuade witnesses from reporting crimes under California Penal Code Section 136.1(b)(1) is not an aggravated felony.
Immigration 9th Aug. 16, 2022
Ballinas-Lucero v. Garland
Petitioner was not barred from cancellation of removal because the record showed that his convictions were vacated due to legal defects in his pleas, not solely for immigration purposes or for rehabilitative or equitable reasons.
Immigration 9th Aug. 16, 2022
Guardianship of Saul H.
Parents' inability to protect child from substantial risk of gang violence was a sufficient basis to conclude reunification was nonviable for determining eligibility for special immigrant juvenile status.
Immigration CASC Aug. 16, 2022
People v. Gregor
Sex offender's motion to withdraw his plea under Penal Code Section 1473.7 was denied since denial of his family visa due to his conviction was not an "adverse immigration consequence."
Immigration 3DCA Aug. 15, 2022
Troncoso-Oviedo v. Garland
Pretrial detention that is not credited toward a defendant's sentence is not confinement "as a result of conviction" that would make an alien ineligible for cancellation of removal.
Immigration 9th Aug. 8, 2022
Perez-Camacho v. Garland
The Bureau of Immigration Appeals did not abuse its discretion in concluding that equitable tolling was not available when alien failed to explain why he waited 21 years to seek to reopen his case.
Immigration 9th Aug. 2, 2022
Martinez Alquijay v. Garland
Petitioner's request for time extension of his application for asylum was denied because his age, ignorance of the law and English, and stress from fleeing Guatemala were not extraordinary circumstances.
Immigration 9th Jul. 28, 2022
Lopez-Luvian v. Garland
Immigration petitioner subject to reinstated order of removal cannot challenge an earlier termination of separate removal proceedings that did not result in a final order of removal.
Immigration 9th Jul. 20, 2022
Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country.
Immigration 9th Jul. 19, 2022
People v. Singh
A Penal Code Section 1473.7 motion to vacate a conviction had the party known of the immigration consequences applies to defendants who were convicted after a trial.
Immigration 3DCA Jul. 18, 2022
U.S. v. Bastide-Hernandez
Failure of a notice to appear to include time and date information does not deprive the immigration court of subject matter jurisdiction.
Immigration 9th Jul. 12, 2022
Barseghyan v. Garland
Petition for review was granted because three out of the four evidentiary inconsistencies relied upon by the Board of Immigration Appeals were not actually inconsistent.
Immigration 9th Jul. 11, 2022