Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-70855
|
Aguilar Fermin v. Barr
Substantial evidence supported denial of relief and Notice to Appear for removal proceedings need not contain time, date, and location to vest immigration courts with jurisdiction. |
Immigration |
|
J. Bybee | May 6, 2020 |
17-70929
|
Mero v. Barr
Nevada's possession of visual presentation depicting sexual conduct of person under 16 years of age is not a 'sexual abuse of a minor' aggravated felony under 8 U.S.C. Section 1101(a)(43)(A). |
Immigration |
|
P. Watford | May 4, 2020 |
16-71918
|
Perez v. Barr
Suspension Clause does not require government compensation of court-appointed counsel as long as pro bono counsel is available. |
Immigration |
|
C. Callahan | Apr. 28, 2020 |
18-725
|
Barton v. Barr
For purposes of cancellation-of-removal eligibility, 8 U.S.C. Section 1182(a)(2) offense committed during initial seven years of residence does not need to be one of the offenses of removal. |
Immigration |
|
B. Kavanaugh | Apr. 24, 2020 |
16-72378
|
Amended Opinion: Padilla Cuenca v. Barr
8 U.S.C. Section 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. Section 1229a(c)(7). |
Immigration |
|
D. Rayes | Apr. 15, 2020 |
18-35344
|
Zerezghi v. USCIS
Board of Immigration Appeals violated due process by not disclosing that it relied on plaintiff's former spouse's rental application in making its marriage-fraud finding. |
Immigration |
|
D. Boggs | Apr. 15, 2020 |
18-16465
|
Aleman Gonzalez v. Barr
District court correctly determined that plaintiffs were likely to succeed on their claim that 8 U.S.C. Section 1231(a)(6) requires government to provide plaintiffs with individualized bond hearing. |
Immigration |
|
M. Smith | Apr. 8, 2020 |
18-35460
|
Flores Tejada v. Godfrey
Government is not required to provide immigration detainees with additional bond hearings every six-months following their initial hearing. |
Immigration |
|
M. Smith | Apr. 8, 2020 |
16-73509
|
Peters v. Barr
Regulation 8 C.F.R. Section 1245.1(d)(2) is invalid to the extent it excludes reasonable reliance on the assistance of counsel from 8 U.S.C. Section 1255(c)(2). |
Immigration |
|
P. Watford | Apr. 3, 2020 |
19-35565
|
Padilla v. Immigration and Customs Enforcement
Noncitizens who were detained after entering United States were likely to prevail on their due process claim. |
Immigration |
|
S. Thomas | Mar. 30, 2020 |
18-776
|
Guerrero-Lasprilla v. Barr
INA's Limited Review Provision's phrase 'questions of law' includes the application of legal standard to undisputed or established facts. |
Immigration |
|
S. Breyer | Mar. 24, 2020 |
16-72246
|
Amended Opinion: Lopez-Angel v. Barr
Permanent resident who was deported allowed to proceed with deportation appeal because he was involuntarily removed from the United States. |
Immigration |
|
A. Hurwitz | Mar. 18, 2020 |
19-15716
|
Innovation Law Lab v. Wolf
Migrant Protection Protocols, under which non-Mexican asylum seekers who present themselves at southern border of US are required to wait in Mexico while asylum applications are adjudicated, conflicts with Immigration Nationality Act. |
Immigration |
|
W. Fletcher | Mar. 6, 2020 |
19-56417
|
Al Otro Lado v. Wolf
Stay of preliminary injunction against enforcement of rule requiring asylum-seekers to have sought asylum in another country that they passed through en route to southern border before seeking asylum was not warranted. |
Immigration |
|
M. Berzon | Mar. 6, 2020 |
18-71070
|
Guerra v. Barr
Board of Immigration Appeals failed to engage in clear error review in reversing Immigration Judge's decision that petitioner established a probability that he would be subjected to torture in criminal detention. |
Immigration |
|
R. Paez | Mar. 4, 2020 |
19-15716
|
Innovation Law Lab v. Wolf
Migrant Protection Protocols, under which non-Mexican asylum seekers who present themselves at southern border of US are required to wait in Mexico while asylum applications are adjudicated, conflicts with Immigration Nationality Act. |
Immigration |
|
W. Fletcher | Mar. 2, 2020 |
18-17274
|
East Bay Sanctuary Covenant v. Trump
Rule that requires migrants to enter country at ports of entry to preserve eligibility for asylum was substantively invalid because it conflicted with Immigration and Nationality Act. |
Immigration |
|
R. Paez | Mar. 2, 2020 |
18-35072
|
Amended Opinion: Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing. |
Immigration |
|
N. Smith | Feb. 13, 2020 |
17-72914
|
Amended Opinion: Prado v. Barr
Although appellant had her conviction, which deemed her removable, reduced to misdemeanor under California's Proposition 64, she remained removable under immigration law because it was reclassified for rehabilitative purposes. |
Immigration |
|
M. Hawkins | Feb. 4, 2020 |
17-73153
|
Lopez-Aguilar v. Barr
Oregon Revised Statutes Section 164.395's robbery elements do not match the generic robbery offense elements; thus, petitioner's conviction was not an aggravated felony subjecting him to removal under the INA. |
Immigration |
|
M. Berzon | Jan. 29, 2020 |
18-70078
|
Conde Quevedo v. Barr
Guatemalans who only report criminal activity of gangs to police without doing more are not a cognizable distinct social group for purposes of withholding removal. |
Immigration |
|
S. Graber | Jan. 27, 2020 |
18-35072
|
Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing. |
Immigration |
|
N. Smith | Jan. 21, 2020 |
17-73308
|
Altayar v. Barr
An aggravated assault conviction under Arizona law involving a deadly weapon or dangerous instrument qualifies as a crime involving moral turpitude. |
Immigration |
|
D. Bress | Jan. 15, 2020 |
16-71309
|
Jauregui-Cardenas v. Barr
Unlawful use of false document to conceal citizenship under California Penal Code Section 114 is not an aggravated felony or crime of moral turpitude under Immigration and Naturalization Act. |
Immigration |
|
R. Whaley | Jan. 14, 2020 |
G058416
|
O.C. v. Superior Court (Orange)
A state court's Special Immigrant Juvenile findings must reflect that the minor is found dependent under state law; an order that only cites to federal law is incomplete and insufficient. |
Immigration |
|
K. Dunning | Jan. 9, 2020 |
18-55914
|
Park v. Barr
Lower court erred in interpreting 'domicile' when rejecting alien's naturalization application because 8 U.S.C. Section 1101 is the controlling authority. |
Immigration |
|
J. Farris | Jan. 8, 2020 |
19-50014
|
U.S. v. Rodriguez-Gamboa
Health and Safety Code Section 11378 and the Controlled Substances Act facially differ; more fact-finding is necessary to decide if Section 11378 cannot be used as a basis for removal. |
Immigration |
|
A. Hurwitz | Dec. 30, 2019 |
16-72246
|
Lopez-Angel v. Barr
Permanent resident who was deported allowed to proceed with deportation appeal because he was involuntarily removed from the United States. |
Immigration |
|
A. Hurwitz | Dec. 30, 2019 |
16-72982
|
Amended Opinion: Zuniga v. Barr
Petitioner had right to counsel in reasonable fear review proceedings initiated under 8 U.S.C. Section 1228, and Immigration Judge failed to obtain valid waiver of that right. |
Immigration |
|
P. Curiam (9th Cir.) | Dec. 27, 2019 |
17-71338
|
Qiu v. Barr
Agency's reasons for adverse credibility finding was not supported by substantial evidence; thus, petition for review of Board of Immigration Appeals' decision affirming denial of asylum granted. |
Immigration |
|
S. Graber | Dec. 12, 2019 |