Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-71554
|
Honcharov v. Barr
Board of Immigration Appeals did not err when it declined to consider petitioner's proposed particular social groups that were raised for the first time on appeal. |
Immigration |
|
P. Curiam (9th Cir.) | May 30, 2019 |
15-72406
|
Lorenzo Lopez v. Barr
Notice to Appear did not contain time and place of removal proceedings; thus, Notice to Appear was defective and did not stop time under 8 U.S.C. Section 1229(a). |
Immigration |
|
E. Korman | May 23, 2019 |
15-72792
|
Jose Alanniz v. William Barr
Petitioner's parole did not qualify as an 'admission' under 8 U.S.C. Section 1229b(a), and petitioner's conviction within seven years of obtaining lawful permanent resident status made him ineligible for cancellation of removal. |
Immigration |
|
C. Callahan | May 21, 2019 |
E067578
|
Modification: 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 | May 15, 2019 |
17-72914
|
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 | May 13, 2019 |
19-15716
|
Innovation Law Lab v. McAleenan
Applicants for admission who are placed in regular removal proceedings under Section 1225(b)(2)(A) may be returned to the contiguous territory from which they arrived under Section 1225(b)(2)(C); thus, stay of preliminary injunction granted. |
Immigration |
|
P. Curiam (9th Cir.) | May 9, 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 | May 6, 2019 |
16-73801
|
C.J.L.G. v. Barr
Immigration Judge erred by failing to advise petitioner about his apparent eligibility for Special Immigrant Juvenile status; thus, petition for review of Board of Immigration Appeals' decision was granted. |
Immigration |
|
A. Hurwitz | May 6, 2019 |
15-71573
|
Amended Opinion: Idrees v. Barr
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers. |
Immigration |
|
May 1, 2019 | |
17-73153
|
Lopez-Aguilar v. Barr
Although Oregon Revised Statutes Section 164.395 incorporates theft by deception and generic theft does not, it was merely theoretical that Oregon would prosecute such conduct; thus, it qualified as categorical theft offense. |
Immigration |
|
J. Tunheim | Apr. 24, 2019 |
18-16496
|
U.S. v. State of California
The intergovernmental immunity doctrine and conflict preemption doctrine did not provide grounds for fully enjoining enforcement of California immigration statutes AB 450, AB 103, and SB 54. |
Immigration |
|
M. Smith | Apr. 19, 2019 |
15-72092
|
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 | Mar. 29, 2019 |
16-72957
|
Duran-Rodriguez v. Barr
Two death threats, without concrete action and allowing recipient's relocation within Mexico, were insufficient to establish past persecution, fear of future persecution, or qualification for relief under the Convention Against Torture. |
Immigration |
|
M. Hawkins | Mar. 21, 2019 |
16-1363
|
Nielsen v. Preap
Adverb cannot modify noun; thus mandatory detention provision applies to individuals apprehended by DHS years after their release relating to qualifying predicate offenses. |
Immigration |
|
S. Alito | Mar. 20, 2019 |
18-55313
|
Thuraissigiam v. U.S. Dept. of Homeland Security
8 U.S.C. Section 1252(e)(2) violated the Suspension Clause by failing to provide a meaningful opportunity for petitioner to show he was being held under erroneous application or interpretation of law. |
Immigration |
|
A. Tashima | Mar. 8, 2019 |
15-72833
|
Mairena v. Barr
Board of Immigration Appeals may consider sentencing enhancements in determining that a petitioner was convicted of a per se particularly serious crime for purposes of withholding of removal. |
Immigration |
|
P. Curiam (9th Cir.) | Mar. 8, 2019 |
16-73373
|
Arrey v. Barr
Board of Immigration Appeals committed legal error in its application of the 'firm settlement rule' when it declined to consider evidence of petitioner's past persecution; thus, claim remanded. |
Immigration |
|
R. Gould | Feb. 27, 2019 |
15-73120
|
Islas-Veloz v. Whitaker
Supreme Court held in 'Jordan v. De George' that the phrase 'crime involving moral turpitude' was not unconstitutionally vague; thus, petition for review challenging order of removal denied. |
Immigration |
|
M. McKeown | Feb. 5, 2019 |
16-70885
|
Karingithi v. Whitaker
Notice to appear that did not specify the time and date of alien's initial removal hearing vested immigration judge with jurisdiction because notice of hearing specifying this information was later sent to alien. |
Immigration |
|
M. Smith | Jan. 29, 2019 |
16-70823
|
Singh v. Whitaker
The Department of Homeland Security must conduct individualized analysis in order to rebut the presumption that future persecution at the hands of the government exists nationwide for an applicant seeking asylum. |
Immigration |
|
M. Smith | Jan. 25, 2019 |
16-70534
|
Rayamajhi v. Whitaker
No 'de minimis' exception applies for asylum seeker who provided $50 in 'material support' to terrorist organization, in response to terrorist's threat to him and his family. |
Immigration |
|
J. Graber | Jan. 16, 2019 |
16-50423
|
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 | Jan. 10, 2019 |
13-72185
|
Amended Opinion: Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner's offense requires physical injury, and removal statute requires physical force. |
Immigration |
|
R. Peterson | Dec. 28, 2018 |
14-70543
|
Olivas-Motta v. Whitaker
Case law determining Arizona endangerment constituted crime involving moral turpitude was not a change in law raising retroactivity concerns; thus, Board of Immigration Appeals did not err in dismissing petitioner's appeal. |
Immigration |
|
J. Wallace | Dec. 20, 2018 |
15-71573
|
Idrees v. Whitaker
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers. |
Immigration |
|
R. Gould | Dec. 14, 2018 |
15-70759
|
Amended Opinion: Martinez-De Ryan v. Whitaker
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine. |
Immigration |
|
S. Graber | Nov. 19, 2018 |
15-72080
|
Melgoza Guerrero v. Whitaker
'Particularly serious crime' within the meaning of 8 U.S.C. Section 1231(b)(3)(B)(ii) not unconstitutionally vague because although it is an uncertain standard, it applies to real world facts. |
Immigration |
|
S. Graber | Nov. 12, 2018 |
18-15068
|
Regents of the University of California v. USDHS
Deferred Action for Childhood Arrivals was a permissible exercise of executive discretion, notwithstanding the Fifth Circuit's conclusion that Deferred Action for Parents of Americans and Lawful Permanent Residents program exceeded statutory authority. |
Immigration |
|
K. Wardlaw | Nov. 9, 2018 |
14-72730
|
Menendez v. Whitaker
Section 288(c)(1), criminalizing 'lewd or lascivious conduct' by older person with 14 or 15 year old, is not categorically a crime of moral turpitude because covered actus reus is too broad, required mens rea too slight. |
Immigration |
|
W. Fletcher | Nov. 9, 2018 |
15-73520
|
Ma v. Sessions
8 C.F.R. Section 274a.12(b)(20) does not confer lawful immigration status for purposes of establishing eligibility for status adjustment under 8 U.S.C. Section 1255(k)(2); thus petition was denied. |
Immigration |
|
R. Paez | Nov. 5, 2018 |