| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
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 |
