Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-72290
|
Bogle v. Garland
Board of Immigration Appeals did not err in determining that circumstance-specific approach applies to personal-use exception to removability based on drug convictions. |
Immigration |
|
M. Bennett | Jun. 24, 2021 |
18-72786
|
Kaur v. Garland
Evidence of petitioner's husband's death, her new status as widow, her in-laws' threats, and increasing violence towards women and particularly widows in India presented material changed country circumstances. |
Immigration |
|
S. Mendoza | Jun. 22, 2021 |
20-70587
|
Soto-Soto v. Merrick Garland
There was no clear error in granting Convention Against Torture relief because petitioner was tortured by Mexican police and was more likely than not to suffer future torture if removed. |
Immigration |
|
M. Smith | Jun. 14, 2021 |
20-315
|
Sanchez v. Mayorkas
Temporary Protected Status recipient who entered United States unlawfully is not eligible under 8 U.S.C. Section 1255 for Lawful Permanent Resident status. |
Immigration |
|
E. Kagan | Jun. 8, 2021 |
17-70845
|
Balerio Rubalcaba v. Garland
Immigration judge's discretion to reopen a case on his or her own motion is not limited by fact that noncitizen has previously been removed or departed. |
Immigration |
|
M. Murguia | Jun. 3, 2021 |
19-1155
|
Garland v. Ming Dai
Ninth Circuit's rule that in absence of explicit adverse credibility determination, petitioning alien's testimony must be deemed credible and true cannot be squared with Immigration and Nationality Act. |
Immigration |
|
N. Gorsuch | Jun. 2, 2021 |
15-72947
|
Vazquez Romero v. Garland
Government may parole returning lawful permanent resident into United States for prosecution without proving at border that petitioner is seeking admission. |
Immigration |
|
S. Ikuta | Jun. 1, 2021 |
19-73124
|
Dawson v. Garland
Board of Immigration Appeals properly denied petitioner's application for deferral of removal under Convention Against Torture because petitioner's circumstances changed significantly after Jamaican court issued protection order. |
Immigration |
|
K. Vratil | May 27, 2021 |
18-72985
|
Padilla Carino v. Garland
Without agreement between parents to transfer legal custody to naturalized parent during petitioner's childhood, 'nunc pro tunc' order cannot retroactively establish naturalized parent's sole legal custody for automatic derivative citizenship. |
Immigration |
|
J. Wallace | May 19, 2021 |
15-70636
|
Cheneau v. Garland
Second clause of derivative citizenship statute does not require lawful permanent residency to derive citizenship from naturalized parent, but child must have demonstrated objective official manifestation of permanent residence. |
Immigration |
|
S. Thomas | May 14, 2021 |
17-70538
|
Hernandez-Galand v. Garland
Petitioner's failure to appear due to inability to read and family's misinterpretation of hearing date were exceptional circumstances warranting reopening of in absentia removal order. |
Immigration |
|
E. Chen | May 13, 2021 |
19-72854
|
Route v. Garland
Micronesian citizen was subject to removal for committing crime of moral turpitude despite his ability to enter, reside, and work in U.S. under US-FSM Compact of Free Association. |
Immigration |
|
M. Smith | May 7, 2021 |
19-72090
|
Gonzalez-Veliz v. Garland
There was no abuse in discretion in immigration judge's decision to deem petitioner's application abandoned. |
Immigration |
|
E. Siler | May 5, 2021 |
S260270
|
People v. Vivar
Defendant demonstrated reasonable probability that if he had been properly advised by counsel about immigration consequences of his plea, he wouldn't have pleaded guilty. |
Immigration |
|
M. Cuéllar | May 4, 2021 |
19-863
|
Niz-Chavez v. Garland
A notice to appear that is sufficient to trigger the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 'stop-time rule' must be a single detailed document. |
Immigration |
|
N. Gorsuch | Apr. 30, 2021 |
18-70191
|
Alvarado-Herrera v. Garland
Substantial evidence did not support immigration judge's determination that petitioner failed to establish reasonable fear of torture with acquiescence of public official, given petitioner's assertions of police complicity in gang's violent acts. |
Immigration |
|
P. Watford | Apr. 14, 2021 |
19-16487
|
Amended Opinion: 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 |
|
W. Fletcher | Apr. 9, 2021 |
19-71104
|
Rodriguez Tornes v. Garland
Petitioner established nexus between her mistreatment in Mexico and her feminist political opinion; thus, she was eligible for asylum and entitled to withholding of removal. |
Immigration |
|
S. Graber | Apr. 6, 2021 |
16-70130
|
Silva v. Garland
Board of Immigration Appeals properly determined petty theft under Penal Code Section 484(a) is a crime involving moral turpitude, making defendant removable. |
Immigration |
|
S. Ikuta | Mar. 31, 2021 |
19-72381
|
Acevedo Granados v. Garland
Intellectual disability may be sufficient to establish cognizable social group for purposes of asylum and withholding of removal. |
Immigration |
|
R. Clifton | Mar. 25, 2021 |
18-17274
|
Amended Opinion: East Bay Sanctuary Covenant v. Biden
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. 25, 2021 |
20-70240
|
Rodriguez v. Garland
Board of Immigration Appeals' denial of motion to reopen was affirmed because petitioner's motion was based solely on evidence of his changed circumstances. |
Immigration |
|
L. VanDyke | Mar. 16, 2021 |
19-73000
|
Aguilar-Osorio v. Garland
Courts cannot independently take judicial notice of a report that is not a part of the record. |
Immigration |
|
P. Curiam (9th Cir.) | Mar. 16, 2021 |
16-73745
|
Villegas Sanchez v. Garland
Substantial evidence supported Board of Immigration Appeals' determination that petitioner failed to establish past harm rising to level of persecution from threats alone. |
Immigration |
|
R. Nelson | Mar. 12, 2021 |
19-438
|
Pereida v. Wilkinson
Under the Immigration and Nationality Act, certain nonpermanent residents seeking to cancel a lawful removal order bear the burden of showing they have not been convicted of a disqualifying offense. |
Immigration |
|
N. Gorsuch | Mar. 5, 2021 |
17-71313
|
Aden v. Wilkinson
Petitioner erroneously denied asylum and withholding of removal from Somalia after demonstrating that he suffered past persecution on account of his religious and political belief. |
Immigration |
|
R. Paez | Mar. 5, 2021 |
14-73182
|
Lazo v. Wilkinson
Petitioner's conviction for possession of cocaine in violation of California Health and Safety Code Section 11350 qualifies as 'controlled substance offense,' thereby rendering him removable. |
Immigration |
|
D. Collins | Mar. 1, 2021 |
18-72990
|
Amended Opinion: Velasquez-Rios v. Wilkinson
Amendment to California Penal Code Section 18.5 which retroactively reduced maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under 8 U.S.C. Section 1227(a)(2)(A)(i). |
Immigration |
|
R. Gould | Feb. 25, 2021 |
18-71515
|
Chacon v. Wilkinson
Petitioner was ineligible for asylum because his conviction under 18 U.S.C. Section 922(a)(1)(A) qualified as 'aggravated felony' under Immigration and Nationality Act. |
Immigration |
|
D. Bress | Feb. 19, 2021 |
19-72803
|
Naranjo Garcia v. Wilkinson
Sweeping retaliation towards family unit over time can demonstrate a kind of 'animus' distinct from 'purely personal retribution' in determining whether petitioner is eligible for asylum relief. |
Immigration |
|
R. Gould | Feb. 19, 2021 |