Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-55175
|
Gonzalez v. U.S. Immigration and Customs Enforcement
Fourth Amendment requires prompt probable cause determination by neutral and detached magistrate to justify continued detention pursuant to immigration detainer. |
Immigration |
|
M. Smith | Sep. 14, 2020 |
19-71849
|
Jaimes-Cardenas v. Barr
Domestic violence waiver established under 8 U.S.C. Section 1227(a)(7), and made applicable to cancellation of removal by Section 1229b(b)(5), is limited to crimes of domestic violence and stalking. |
Immigration |
|
M. Hawkins | Sep. 2, 2020 |
17-72318
|
Iman v. Barr
In order to base adverse credibility determination on petitioner's nonresponsiveness, agency must identify specific instances, supported by the record, where petitioner did not respond. |
Immigration |
|
B. Baldock | Aug. 26, 2020 |
17-70624
|
Yim v. Barr
California Penal Code Section 118(a) was a categorical match with Board of Immigration Appeals' generic definition of perjury, and thus constituted an 'aggravated felony.' |
Immigration |
|
S. Ikuta | Aug. 26, 2020 |
19-72701
|
Aliyev v. Barr
Board of Immigration Appeals abused its discretion by denying Petitioner's motion to reopen under 8 C.F.R. Section 1003.2(c)(1). |
Immigration |
|
S. Graber | Aug. 25, 2020 |
15-70636
|
Cheneau v. Barr
Petitioner's burglary conviction was not a crime-of-violence aggravated felony that rendered him removable. |
Immigration |
|
B. Pearson | Aug. 20, 2020 |
19-16048
|
Flores Castro v. Hernandez Renteria
Under Hague Convention on the Civil Aspects of International Child Abduction, if guardian fails to petition for child's return within one year, judicial authority is not required to order return. |
Immigration |
|
M. Smith | Aug. 20, 2020 |
17-72829
|
Akosung v. Barr
Eluding pursuers at great effort and risk does not establish an ability to relocate to avoid persecution or torture. |
Immigration |
|
E. Miller | Aug. 17, 2020 |
13-72934
|
Enriquez v. Barr
Petitioner was not 'admitted' within meaning of cancellation of removal statute when he was approved as derivative beneficiary of his mother's self-petition under Violence Against Women Act. |
Immigration |
|
M. Murguia | Aug. 14, 2020 |
19-70079
|
Gomez Fernandez v. Barr
Murder conviction under Penal Code Section 187(a) is an aggravated felony under Immigration and Nationality Act that rendered petitioner removable. |
Immigration |
|
M. Smith | Aug. 14, 2020 |
17-71727
|
Syed v. Barr
Penal Code Section 288.3(a) conviction based on specific intent to commit Section 288 offense constitutes categorical crime involving moral turpitude. |
Immigration |
|
P. Bumatay | Aug. 13, 2020 |
18-72833
|
Diaz-Reynoso v. Barr
'Matter of A-B-' restated the rule that a particular social group must 'exist independently' of the harm asserted in an application for asylum or statutory withholding of removal. |
Immigration |
|
M. Christen | Aug. 10, 2020 |
17-72173
|
Davila v. Barr
Substantial evidence did not support Board of Immigration Appeals' determination that petitioner failed to establish that Nicaraguan government was unwilling or unable to protect her from persecution. |
Immigration |
|
W. Fletcher | Aug. 10, 2020 |
18-72593
|
Valenzuela Gallardo v. Barr
8 U.S.C. Section 1101(a)(43)(S), which describes an aggravated felony 'offense relating to obstruction of justice,' requires a nexus to an ongoing or pending proceeding or investigation. |
Immigration |
|
K. Wardlaw | Aug. 7, 2020 |
18-56629
|
Attias v. Crandall
Appellant failed to establish that his lapse in lawful immigration status was 'through no fault of his own or for technical reasons' making him ineligible for adjustment of status. |
Immigration |
|
J. Bybee | Jul. 31, 2020 |
19-70164
|
Orellana v. Barr
Board of Immigration Appeals did not err in concluding that criminal stalking conviction under Penal Code Section 646.9(a) was a crime involving moral turpitude. |
Immigration |
|
M. Smith | Jul. 29, 2020 |
18-72731
|
Dominguez v. Barr
Petitioner's state conviction of manufacturing marijuana was categorical match to aggravated felony drug trafficking offense under Controlled Substances Act; thus, petitioner was removable. |
Immigration |
|
K. Cardone | Jul. 22, 2020 |
16-70130
|
Silva v. Barr
Petitioner's three separate theft offenses in violation of California Penal Code Section 484(a) constituted crimes involving moral turpitude. |
Immigration |
|
S. Ikuta | Jul. 13, 2020 |
19-16487
|
East Bay Sanctuary Covenant v. Barr
Rule denying asylum to aliens arriving at US border with Mexico unless they first applied for, and had been denied, asylum in Mexico or another country they traveled through, was unlawful. |
Immigration |
|
W. Fletcher | Jul. 7, 2020 |
18-70141
|
Diaz-Torres v. Barr
Petitioner's proposed social group comprised of 'Mexican professionals who refuse to cooperate with drug cartels' was not socially distinct for withholding of removal eligibility. |
Immigration |
|
R. Nelson | Jun. 30, 2020 |
18-71460
|
Xochihua-Jaimes v. Barr
Petitioner established requisite level of torture with acquiescence by public official by credibly testifying that she was beaten severely and threatened with death at gunpoint by drug cartel, while Mexican police laughed. |
Immigration |
|
M. Smith | Jun. 29, 2020 |
19-161
|
Department of Homeland Security v. Thuraissigiam
As applied here, Section 1252(e)(2) of Illegal Immigration Reform and Immigrant Responsibility Act did not violate the Suspension Clause. |
Immigration |
|
S. Alito | Jun. 26, 2020 |
18-587
|
Department of Homeland Security v. Regents of University of California
Department of Homeland Security's decision to rescind DACA was arbitrary and capricious under Administrative Procedure Act. |
Immigration |
|
J. Roberts | Jun. 19, 2020 |
17-71655
|
Cordoba v. Barr
'Wealthy landowners' in Colombia do not constitute a cognizable particular social group for purposes of asylum and withholding of removal. |
Immigration |
|
R. Lasnik | Jun. 17, 2020 |
13-74391
|
Tejeda v. Barr
Petitioner's plea agreement, charging document, and minute order were cognizable for modified categorical-approach purposes and established elements of his offense. |
Immigration |
|
P. Curiam (9th Cir.) | Jun. 9, 2020 |
15-72942
|
Roy v. Barr
Petitioner failed to establish equal protection violation with respect to 8 U.S.C. Section 1432(a)(3), the applicable derivative-citizenship statute. |
Immigration |
|
S. Graber | Jun. 5, 2020 |
18-73167
|
Lepe Moran v. Barr
Petitioner's conviction for felony vehicular flight from pursuing police car while driving against traffic is categorically a crime involving moral turpitude that made him removable. |
Immigration |
|
S. Graber | Jun. 3, 2020 |
16-73652
|
Grigoryan v. Barr
Government violated petitioners' due process rights by failing to provide them full and fair opportunity to rebut government's fraud allegations. |
Immigration |
|
M. Murguia | Jun. 3, 2020 |
18-1432
|
Nasrallah v. Barr
8 U.S.C. Sections 1252(a)(2)(C) and (D) do not preclude judicial review of noncitizen's factual challenges to Convention Against Torture order. |
Immigration |
|
B. Kavanaugh | Jun. 2, 2020 |
17-70329
|
Lona v. Barr
Petitioner not entitled to equitable tolling because she untimely failed to act with due diligence in raising errors. |
Immigration |
|
C. Callahan | May 18, 2020 |