Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-71042
|
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 |
|
S. Ikuta | Dec. 5, 2022 |
20-36052
|
Galvez v. Jaddou
Permanent injunction permitting tolling of deadlines for special immigrant juvenile petitioners must be tailored to meet statutory requirements. |
Immigration |
|
C. Bea | Nov. 4, 2022 |
20-72138
|
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 |
|
E. Miller | Nov. 1, 2022 |
20-71582
|
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 |
|
D. Collins | Oct. 25, 2022 |
20-71529
|
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 |
|
M. Berzon | Oct. 24, 2022 |
16-70543
|
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 |
|
K. Cardone | Oct. 20, 2022 |
21-55365
|
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 |
|
K. Lipez | Oct. 6, 2022 |
20-71923
|
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 |
|
A. Hurwitz | Sep. 28, 2022 |
20-71703
|
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 |
|
S. Graber | Sep. 27, 2022 |
21-15117
|
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 |
|
C. Bea | Sep. 26, 2022 |
21-70093
|
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 |
|
M. Friedland | Sep. 26, 2022 |
21-70493
|
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 |
|
D. Forrest | Sep. 15, 2022 |
20-72806
|
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 |
|
R. Gilman | Sep. 15, 2022 |
20-16142
|
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 |
|
M. Murguia | Sep. 9, 2022 |
21-70112
|
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 |
|
R. Clifton | Sep. 1, 2022 |
19-73107
|
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 |
|
K. Lee | Aug. 31, 2022 |
16-73915
|
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 |
|
R. Clifton | Aug. 30, 2022 |
20-50228
|
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 |
|
K. Lee | Aug. 18, 2022 |
19-72779
|
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 |
|
B. Moskowitz | Aug. 16, 2022 |
17-73260
|
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 |
|
W. Fletcher | Aug. 16, 2022 |
S271265
|
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 |
|
J. Groban | Aug. 16, 2022 |
C090171
|
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 |
|
E. Duarte | Aug. 15, 2022 |
21-70547
|
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 |
|
R. Nelson | Aug. 8, 2022 |
19-72063
|
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 |
|
S. Ikuta | Aug. 2, 2022 |
20-70470
|
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 |
|
S. Ikuta | Jul. 28, 2022 |
18-73286
|
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 |
|
D. Bress | Jul. 20, 2022 |
20-71042
|
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 |
|
S. Ikuta | Jul. 19, 2022 |
C093084
|
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 |
|
H. Hull | Jul. 18, 2022 |
19-30006
|
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 |
|
J. Owens | Jul. 12, 2022 |
16-72849
|
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 |
|
R. Gould | Jul. 11, 2022 |