Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-35998
|
U.S. v. Phattey
Citizenship revocation is not a civil penalty within the meaning of 28 U.S.C. Section 2462; denaturalization proceedings are not subject to Section 2462's five year statute-of-limitations. |
Immigration |
|
S. Ikuta | Dec. 6, 2019 |
E067578
|
People v. Salcido
The Immigration Consultant Act was not preempted by Department of Homeland Security regulations 8 C.F.R. Sections 1.1, 1.2, and 292.1 (2018) as to defendant. |
Immigration |
|
M. Ramirez | Nov. 27, 2019 |
17-72231
|
Manhani v. Barr
An Immigration Judge's finding that an applicant submitted a frivolous asylum claim bars the applicant from seeking further benefits and removability waivers available under the Immigration and Naturalization Act. |
Immigration |
|
R. Clifton | Nov. 26, 2019 |
13-71916
|
Fares v. Barr
Board of Immigration Appeals erroneously interpreted Immigration and Nationality Act Section 212(e), and since petitioner was admissible under various statutory provisions, he was 'otherwise admissible' for INA Section 237(a)(1)(H) waiver purposes. |
Immigration |
|
S. Graber | Nov. 26, 2019 |
18-35123
|
Pedro Perez Perez v. Chad Wolf
The Administrative Procedures Act does not allow USCIS absolute discretion when approving U-visa petitions; federal courts may review denied petitions for abuse of discretion and noncompliance with the statute. |
Immigration |
|
W. Fletcher | Nov. 25, 2019 |
15-72999
|
Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act. |
Immigration |
|
W. Fletcher | Nov. 20, 2019 |
16-70918
|
Fugow v. Barr
Petitioner's conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude that made him removable. |
Immigration |
|
P. Curiam (9th Cir.) | Nov. 19, 2019 |
16-72378
|
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 | Nov. 14, 2019 |
17-72186
|
Diaz Martinez v. Barr
Premature pro se petitions to the 9th Circuit can be cured by ripening once the BIA issues a subsequent and final decision. |
Immigration |
|
G. Katzmann | Oct. 31, 2019 |
13-70840
|
Man v. Barr
In removal proceedings commenced against noncitizen after non-citizen has already entered country, Immigration Judge lacks authority to grant non-citizen U visa waiver of inadmissibility under 8 U.S.C. Section 1182(d)(3)(A)(ii). |
Immigration |
|
P. Curiam (9th Cir.) | Oct. 25, 2019 |
15-72876
|
Cruz Pleitez v. Barr
'Flores-Chavez v. Ashcroft' did not extend to the circumstances presented here, and notice provided to petitioner was constitutionally sufficient under 'Mathews v. Eldridge'. |
Immigration |
|
S. Graber | Sep. 19, 2019 |
16-71292
|
Mu v. Barr
Under 8 U.S.C. Section 1186b, any alien, including the alien principal and the alien beneficiaries, whose permanent resident status is terminated may request a review in a removal proceeding. |
Immigration |
|
N. Smith | Sep. 5, 2019 |
17-16579
|
Poursina v. USCIS
Decision to grant or to refuse a national-interest waiver in order to seek a permanent employment-based visa comes within 8 U.S.C. Section 1252(a)(2)(B)(ii)'s jurisdictional bar. |
Immigration |
|
D. O'Scannlain | Aug. 29, 2019 |
15-73940
|
Singh v. Barr
Record did not compel conclusion that Punjabi police persecuted petitioner on account of his imputed political opinion; thus, his asylum claim failed. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 28, 2019 |
16-73656
|
Pleitez-Lopez v. Barr
Denial of a continuance for not updating fingerprints is an abuse of discretion if the immigrant defendant reasonably relied on his lawyer's advice that resubmitting his fingerprints was unnecessary. |
Immigration |
|
S. Graber | Aug. 26, 2019 |
16-72982
|
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.) | Aug. 21, 2019 |
17-56297
|
Flores v. Barr
Because district court's opinion in its order enforcing 'Flores' Agreement did not modify that agreement, court lacked jurisdiction over appeal. |
Immigration |
|
M. Berzon | Aug. 16, 2019 |
16-71559
|
Gonzalez Romo v. Barr
A resident alien is inadmissible to re-enter the United States if convicted of a crime under 8 U.S.C. section 1101, including solicitation to possess marijuana for sale. |
Immigration |
|
F. Fernandez | Aug. 15, 2019 |
17-16558
|
Janjua v. Neufeld
Because issue of whether appellant was inadmissible on terrorism-related grounds was not raised, contested, and submitted for determination at his asylum proceeding, it was not actually litigated; thus, issue preclusion did not apply. |
Immigration |
|
A. Tashima | Aug. 12, 2019 |
14-70690
|
Flores-Vega v. Barr
Petitioner committed crime of violence supporting removability, and although the BIA applied an incorrect legal standard, petitioner failed to establish eligibility for withholding of removal or Convention Against Torture protection. |
Immigration |
|
W. Fletcher | Aug. 5, 2019 |
16-50423
|
Amended Opinion: U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). |
Immigration |
|
A. Hurwitz | Jul. 26, 2019 |
16-72387
|
Diaz-Quirazco v. Barr
Board of Immigration Appeals' interpretation of the interplay between 8 U.S.C. Sections 1227(a)(2)(E)(ii) and 1229b(b)(1)(C) was reasonable and consistent with the statutory language, so its denial of petitioner's appeal must be accepted. |
Immigration |
|
C. Callahan | Jul. 24, 2019 |
15-73461
|
Flores v. Barr
To show prejudice in ineffective assistance of counsel, the petitioner only needs to show plausible grounds for relief and need not substantially support his claim in his motion to reopen. |
Immigration |
|
P. Curiam (9th Cir.) | Jul. 19, 2019 |
14-72003
|
Marinelarena v. Sessions
California conviction for conspiracy to sell and transport controlled substance was ambiguous as to whether it constituted controlled substance offense under federal law; thus, petitioner was not ineligible for cancellation of removal. |
Immigration |
|
A. Tashima | Jul. 19, 2019 |
15-73869
|
Menendez-Gonzalez v. Barr
Court lacks jurisdiction to review decision by Board of Immigration Appeals not to exercise its 'sua sponte' authority to reopen removal proceedings except when reviewing reasoning behind decisions for legal or constitutional error. |
Immigration |
|
R. Clifton | Jul. 12, 2019 |
15-72347
|
Felipe Betansos v. William Barr
Indecent exposure is a crime of moral turpitude under Penal Code Section 314(1) and may retroactively be applied to removal proceedings with the Board of Immigration Appeals. |
Immigration |
|
M. Murguia | Jul. 8, 2019 |
15-70530
|
Perez Cruz v. Barr
Because government used search warrant as pretext to arrest nearly 200 undocumented workers, 'Michigan v. Summers' justification for bypassing Fourth Amendment's traditional protections disappeared. |
Immigration |
|
M. Berzon | Jun. 14, 2019 |
13-70653
|
Torres v. Barr
Petitioner failed to succeed on challenging removal under 8 U.S.C. Section 1182 (a)(6)(A)(i) due to lack of valid entry document and continuous presence in the U.S. |
Immigration |
|
K. Wardlaw | Jun. 13, 2019 |
15-72092
|
Amended Opinion: Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Jun. 7, 2019 |
17-71966
|
Guan v. Barr
The Board of Immigration Appeals failed to show proper consideration of all factors when denying appellant relief under the Convention Against Torture; thus, the petition is granted. |
Immigration |
|
J. Nguyen | May 31, 2019 |