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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 9th Sep. 14, 2020
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 9th Sep. 2, 2020
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 9th Aug. 26, 2020
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 9th Aug. 26, 2020
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 9th Aug. 25, 2020
Cheneau v. Barr
Petitioner's burglary conviction was not a crime-of-violence aggravated felony that rendered him removable.
Immigration 9th Aug. 20, 2020
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 9th Aug. 20, 2020
Akosung v. Barr
Eluding pursuers at great effort and risk does not establish an ability to relocate to avoid persecution or torture.
Immigration 9th Aug. 17, 2020
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 9th Aug. 14, 2020
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 9th Aug. 14, 2020
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 9th Aug. 13, 2020
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 9th Aug. 10, 2020
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 9th Aug. 10, 2020
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 9th Aug. 7, 2020
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 9th Jul. 31, 2020
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 9th Jul. 29, 2020
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 9th Jul. 22, 2020
Silva v. Barr
Petitioner's three separate theft offenses in violation of California Penal Code Section 484(a) constituted crimes involving moral turpitude.
Immigration 9th Jul. 13, 2020
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 9th Jul. 7, 2020
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 9th Jun. 30, 2020
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 9th Jun. 29, 2020
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 USSC Jun. 26, 2020
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 USSC Jun. 19, 2020
Cordoba v. Barr
'Wealthy landowners' in Colombia do not constitute a cognizable particular social group for purposes of asylum and withholding of removal.
Immigration 9th Jun. 17, 2020
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 9th Jun. 9, 2020
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 9th Jun. 5, 2020
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 9th Jun. 3, 2020
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 9th Jun. 3, 2020
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 USSC Jun. 2, 2020
Lona v. Barr
Petitioner not entitled to equitable tolling because she untimely failed to act with due diligence in raising errors.
Immigration 9th May 18, 2020