| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
18-70943
|
Li v. Garland
There was a sufficient evidence for an adverse credibility determination when an asylum applicant did not disclose a criminal charge and provided no explanation for false employment information. |
Immigration |
|
J. Wallace | Sep. 22, 2021 |
|
15-71553
|
Alcaraz-Enriquez v. Garland
Because the government denied the opportunity to cross-examine witnesses, an undocumented immigrant was deprived of an opportunity to a fair hearing. |
Immigration |
|
C. Bea | Sep. 17, 2021 |
|
13-73719
|
Diaz-Rodriguez v. Garland
A non-citizen defendant was not removable under a child endangerment statute because the statute criminalized conduct that fell short of the generic definition of child abuse. |
Immigration |
|
P. Watford | Sep. 13, 2021 |
|
18-72318
|
Etemadi v. Garland
An immigration judge clearly erred when discounting evidence that applicant had become a Christian. |
Immigration |
|
D. Boggs | Sep. 10, 2021 |
|
18-73237
|
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights. |
Immigration |
|
L. VanDyke | Sep. 10, 2021 |
|
19-72744
|
Alam v. Garland
In light of the REAL ID Act, adverse credibility determinations require consideration of the totality of the circumstances, replacing the previous "single factor rule." |
Immigration |
|
S. Thomas | Sep. 9, 2021 |
|
18-72692
|
Iraheta-Martinez v. Garland
Because a non-citizen became an adult who no longer needed to live with his abusive father, he would not be persecuted in the future due to 'changed circumstances.' |
Immigration |
|
G. Feinerman | Sep. 8, 2021 |
|
15-73085
|
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization. |
Immigration |
|
D. Collins | Sep. 3, 2021 |
|
19-70506
|
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination. |
Immigration |
|
P. Curiam (9th Cir.) | Sep. 2, 2021 |
|
17-70127
|
Reyes Afanador v. Garland
Applying 'Matter of Cortes Medina' retroactively to petitioner's 2011 conviction for indecent exposure was impermissible. |
Immigration |
|
S. Ikuta | Aug. 30, 2021 |
|
20-70127
|
Orozco-Lopez v. Garland
Non-citizens whose removal orders have been reinstated are statutorily entitled to counsel under 8 U.S.C. Section 1362. |
Immigration |
|
C. Callahan | Aug. 26, 2021 |
|
19-72890
|
Munyuh v. Garland
Adverse credibility determination was improper because immigration judge did not give specific reasons for rejecting petitioner's reasonable explanation regarding perceived discrepancies. |
Immigration |
|
D. Boggs | Aug. 26, 2021 |
|
15-70776
|
Dai v. Garland
Board of Immigration Appeals did not find petitioner's case to be persuasive and no reasonable adjudicator would be compelled to conclude otherwise. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 23, 2021 |
|
19-73312
|
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 | Aug. 23, 2021 |
|
18-72922
|
Lopez-Marroquin v. Garland
Vehicle theft under California Vehicle Code Section 10851(a) is indivisible in its treatment of accessories after the fact, and therefore, is not an aggravated felony theft offense. |
Immigration |
|
J. Nguyen | Aug. 19, 2021 |
|
20-70238
|
Sharma v. Garland
Police ruining petitioner's business by stealing files and informing clients not to pay back their loans did not rise to level of past persecution. |
Immigration |
|
D. Bress | Aug. 18, 2021 |
|
20-71839
|
Villalobos Sura v. Garland
Arrest warrant and Red Notice, combined with incredibility of petitioner's testimony, established requisite probable cause that petitioner committed four murders; thus, he was ineligible for withholding of removal. |
Immigration |
|
R. Nelson | Aug. 18, 2021 |
|
19-70177
|
Flores-Rodriguez v. Garland
No notice of an alleged false claim of citizenship, a central issue during a hearing, violated due process. |
Immigration |
|
R. Gould | Aug. 17, 2021 |
|
20-70115
|
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 | Aug. 17, 2021 |
|
21-16062
|
Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order. |
Immigration |
|
L. VanDyke | Aug. 16, 2021 |
|
18-71760
|
Sanchez-Ruano v. Garland
Alien's status as deportable or inadmissible is immaterial to qualify for cancellation of removal. |
Immigration |
|
L. VanDyke | Aug. 12, 2021 |
|
19-71445
|
Vasquez-Rodriguez v. Garland
Social group claims based on 'perceived gang membership' must demonstrate a common immutable characteristic, defined with particularity, and socially distinct with the society in question. |
Immigration |
|
E. Miller | Aug. 6, 2021 |
|
17-70534
|
Romero v. Garland
'Clearly and beyond doubt' burden applies only to 'applicants for admission' and does not apply to lawfully admitted petitioners applying for adjustment of status. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 3, 2021 |
|
19-73099
|
Maie v. Garland
Hawaii's fourth degree theft statute does not qualify as a crime involving moral turpitude. |
Immigration |
|
M. Christen | Aug. 3, 2021 |
|
20-16092
|
Orellana v. Mayorkas
Under 'circumstance-specific' approach, district court is not limited to reviewing record in criminal case in determining loss to victim for purposes of 8 U.S.C. Section 1101(a)(43)(M)(i). |
Immigration |
|
S. Ikuta | Jul. 29, 2021 |
|
14-72003
|
Marinelarena v. Garland
Petitioner did not meet her burden of proof to show that her conviction did not involve federally controlled substance despite having ambiguous conviction record. |
Immigration |
|
S. Graber | Jul. 27, 2021 |
|
19-30222
|
U.S. v. Gonzalez-Valencia
Filing of Notice to Appear establishes immigration court's jurisdiction regardless of notice's failure to include time, date, and location of hearing. |
Immigration |
|
M. Bennett | Jul. 21, 2021 |
|
18-56359
|
Khachatryan v. Blinken
U.S. citizen adult child does not have protected liberty interest to bring alien parent into U.S. |
Immigration |
|
D. Collins | Jul. 15, 2021 |
