| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-71514
|
Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating. |
Immigration |
|
L. VanDyke | Feb. 10, 2022 |
|
20-70050
|
Singh v. Garland
A noncitizen's removal order was subject to rescission because his Notice to Appear did not provide the date and time of his hearing. |
Immigration |
|
R. Gould | Feb. 7, 2022 |
|
20-30181
|
U.S. v. Castellanos-Avalos
Where defendant could not satisfy deprivation-of-judicial-review requirement given that defendant sought judicial review and received it, the court did not need to address 'Palomar-Santiago' case law. |
Immigration |
|
M. Smith | Jan. 19, 2022 |
|
19-73312
|
Amended Opinion: Plancarte Sauceda v. Garland
Board of Immigration Appeals' rejection of petitioner's proposed particular social group of 'female nurses' on ground that nursing is not immutable characteristic was unreasonable. |
Immigration |
|
W. Fletcher | Jan. 18, 2022 |
|
19-73193
|
Jimenez-Sandoval v. Garland
Notice of deportation proceedings served on a 17-year-old minor was adequate notice absent any reason to believe service on an adult would have been more effective at securing an appearance. |
Immigration |
|
J. Rawlinson | Jan. 14, 2022 |
|
19-71693
|
Togonon v. Garland
A noncitizen was not removable because his conviction under California statute was not a categorical match to its federal counterpart. |
Immigration |
|
P. Watford | Jan. 11, 2022 |
|
19-72290
|
Bogle v. Garland
Petitioner was deportable even though his guilty plea for possession of more than one ounce of marijuana could technically have included conduct that fell under the 30-gram personal-use exception. |
Immigration |
|
M. Bennett | Dec. 30, 2021 |
|
16-73325
|
Ramirez-Medina v. Garland
Convictions for multiple offenses disqualified Petitioner from eligibility for cancellation of removal proceedings even though the cancellation statute's exception referred to a singular offense. |
Immigration |
|
A. Hurwitz | Dec. 23, 2021 |
|
18-70393
|
Walcott v. Garland
A noncitizen was not removable because her conviction for offering to transport less than two pounds of marijuana was not a crime involving moral turpitude. |
Immigration |
|
A. Tashima | Dec. 23, 2021 |
|
21-70064
|
Rodriguez-Jimenez v. Garland
The Immigration Judge and Bureau of Immigration Appeals are only required to provide a thorough and reasoned analysis of its decision and need not present an exposition on every issue. |
Immigration |
|
L. VanDyke | Dec. 22, 2021 |
|
16-72926
|
Tomczyk v. Garland
For purposes of reinstatement of a prior removal order, an individual's inadmissible status renders that individual's reentry illegal regardless of the manner of reentry. |
Immigration |
|
C. Callahan | Dec. 15, 2021 |
|
15-71553
|
Alcaraz-Enriquez v. Garland
A fundamentally fair hearing was denied when the government made no effort to make underlying witnesses to a probation report available for cross-examination. |
Immigration |
|
C. Bea | Dec. 15, 2021 |
|
B311089
|
In re Scarlett V.
Where evidence clearly supports a finding of Special Immigrant Juvenile status, courts must, at a minimum, consider the evidence and issue a determination. |
Immigration |
|
J. Segal | Dec. 10, 2021 |
|
17-73412
|
Kumar v. Garland
The bulk of the adverse credibility findings were unsupported by the record because several of the alleged inconsistencies were not inconsistent at all. |
Immigration |
|
M. McKeown | Dec. 1, 2021 |
|
20-30187
|
U.S. v. De La Mora-Cobian
An alien requesting asylum during expedited removal proceedings must exhaust the asylum claim before being allowed to collaterally attack the removal order in a later prosecution for illegal reentry. |
Immigration |
|
R. Tallman | Nov. 30, 2021 |
|
D077894
|
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Nov. 24, 2021 |
|
18-72548
|
Nababan v. Garland
The Board of Immigration Appeals must, when properly considering all factors, take into account Indonesia's changed circumstances towards evangelical Christians specifically, as opposed to Christians in general. |
Immigration |
|
S. Gleason | Nov. 24, 2021 |
|
19-72007
|
Goulart v. Garland
The Board of Immigration Appeals denied petitioner's claim for equitable tolling because petitioner failed to diligently pursue his rights during the time between his removal and the change in law. |
Immigration |
|
R. Paez | Nov. 19, 2021 |
|
D077894
|
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Nov. 18, 2021 |
|
18-70329
|
Lopez Vazquez v. Garland
A non-citizen's petition for review of a removal order was dismissed because petitioner's removal order was legally valid at the time of entry and execution. |
Immigration |
|
D. Bress | Nov. 15, 2021 |
|
20-70115
|
Amended Opinion: Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders. |
Immigration |
|
E. Robreno | Nov. 10, 2021 |
|
19-73085
|
Quebrado Cantor v. Garland
Continuous presence requirement to be eligible for cancellation of removal is not stopped by a final order of removal. |
Immigration |
|
M. McKeown | Nov. 4, 2021 |
|
18-72974
|
Usubakunov v. Garland
An immigration judge's denial of an asylum applicant's continuance of his merits hearing violated the applicant's right to counsel. |
Immigration |
|
M. McKeown | Nov. 2, 2021 |
|
20-50172
|
U.S. v. Rizo-Rizo
Attempted illegal entry is a regulatory offense that does not require the alien to know that he was an alien. |
Immigration |
|
M. Bennett | Nov. 1, 2021 |
|
D077894
|
People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Oct. 26, 2021 |
|
20-55634
|
Fraihat v. U.S. Immigration and Customs Enforcement
Because ICE's directives and mandates included protecting immigration detainees from COVID-19, plaintiffs were unable to establish that ICE acted with a deliberate indifference to detainee's medical needs. |
Immigration |
|
D. Bress | Oct. 21, 2021 |
|
18-70060
|
Amaya v. Garland
A Lawful Permanent Resident was removable for having committed first-degree assault under Washington state law because it is a categorically an aggravated felony. |
Immigration |
|
J. Bybee | Oct. 8, 2021 |
|
20-70187
|
Nolasco-Amaya v. Garland
Pro se petitioner's appeal must be liberally construed and meets specificity requirements if it provides enough information as to how and why she thought the immigration judge erred. |
Immigration |
|
S. Graber | Sep. 29, 2021 |
|
18-72030
|
Cui v. Garland
Because petitioner's improperly submitted motion was rejected by the clerk, it was not timely filed. |
Immigration |
|
L. VanDyke | Sep. 24, 2021 |
|
19-72903
|
Alfred v. Garland
A difference in aiding and abetting mens reae between state and federal law should be considered in felony-based removal proceedings even when the crime committed did not involve aiding and abetting. |
Immigration |
|
M. England | Sep. 23, 2021 |
