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Amended Opinion: Hernandez v. Garland
Non-citizen was ineligible for cancellation of removal because his grant of temporary protected status did not constitute an admission to the United States for purposes of obtaining lawful permanent resident status. 		Immigration 9th Sep. 15, 2022
Singh v. Garland
Substantial evidence did not support the Board of Immigration Appeals' determination that the harm petitioner suffered did not rise to the level of persecution. 		Immigration 9th Sep. 15, 2022
Hernandez Avilez v. Garland
Noncitizens subject to mandatory detention under United States Code Section 1226(c) are not eligible for release on bond during the judicial phase of the proceedings. 		Immigration 9th Sep. 9, 2022
Gonzalez-Castillo v. Garland
INTERPOL Red Notice lacking any specific factual allegations was insufficient to establish probable cause that asylum applicant had committed a serious non-political crime before arriving in the United States. 		Immigration 9th Sep. 1, 2022
Singh v. Garland
Board of Immigration Appeals erred in concluding petitioner's motion to reopen was foreclosed by prior adverse credibility determination because petitioner submitted new evidence independent of prior adverse credibility finding. 		Immigration 9th Aug. 31, 2022
Romero-Millan v. Garland
Petitioner's Arizona conviction for use of or possession with intent to use drug paraphernalia was a conviction for a controlled substance offense that properly supported the order of removal against him. 		Immigration 9th Aug. 30, 2022
Amended Opinion: U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act. 		Immigration 9th Aug. 18, 2022
Cordero-Garcia v. Garland
For purposes of the Immigration Nationality Act, dissuading or attempting to dissuade witnesses from reporting crimes under California Penal Code Section 136.1(b)(1) is not an aggravated felony. 		Immigration 9th Aug. 16, 2022
Ballinas-Lucero v. Garland
Petitioner was not barred from cancellation of removal because the record showed that his convictions were vacated due to legal defects in his pleas, not solely for immigration purposes or for rehabilitative or equitable reasons. 		Immigration 9th Aug. 16, 2022
Guardianship of Saul H.
Parents' inability to protect child from substantial risk of gang violence was a sufficient basis to conclude reunification was nonviable for determining eligibility for special immigrant juvenile status. 		Immigration CASC Aug. 16, 2022
People v. Gregor
Sex offender's motion to withdraw his plea under Penal Code Section 1473.7 was denied since denial of his family visa due to his conviction was not an "adverse immigration consequence." 		Immigration 3DCA Aug. 15, 2022
Troncoso-Oviedo v. Garland
Pretrial detention that is not credited toward a defendant's sentence is not confinement "as a result of conviction" that would make an alien ineligible for cancellation of removal. 		Immigration 9th Aug. 8, 2022
Perez-Camacho v. Garland
The Bureau of Immigration Appeals did not abuse its discretion in concluding that equitable tolling was not available when alien failed to explain why he waited 21 years to seek to reopen his case. 		Immigration 9th Aug. 2, 2022
Martinez Alquijay v. Garland
Petitioner's request for time extension of his application for asylum was denied because his age, ignorance of the law and English, and stress from fleeing Guatemala were not extraordinary circumstances. 		Immigration 9th Jul. 28, 2022
Lopez-Luvian v. Garland
Immigration petitioner subject to reinstated order of removal cannot challenge an earlier termination of separate removal proceedings that did not result in a final order of removal. 		Immigration 9th Jul. 20, 2022
Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country. 		Immigration 9th Jul. 19, 2022
People v. Singh
A Penal Code Section 1473.7 motion to vacate a conviction had the party known of the immigration consequences applies to defendants who were convicted after a trial. 		Immigration 3DCA Jul. 18, 2022
U.S. v. Bastide-Hernandez
Failure of a notice to appear to include time and date information does not deprive the immigration court of subject matter jurisdiction. 		Immigration 9th Jul. 12, 2022
Barseghyan v. Garland
Petition for review was granted because three out of the four evidentiary inconsistencies relied upon by the Board of Immigration Appeals were not actually inconsistent. 		Immigration 9th Jul. 11, 2022
Vega v. Garland
Alien was not eligible for an adjustment of his immigration status because he illegally reentered the United States and was present when the Illegal Immigration Reform and Immigrant Responsibility Act became effective. 		Immigration 9th Jul. 11, 2022
Sarkar v. Garland
Government's motion to administratively close a case because it deemed non-citizen a low enforcement priority was denied because the court's inherent authority to manage its docket would not be served. 		Immigration 9th Jul. 5, 2022
Biden v. Texas
Government's rescission of a program that returned non-Mexican nationals to Mexico pending removal did not violate the Immigration and Nationality Act since the Act granted discretionary authority to return aliens. 		Immigration USSC Jul. 1, 2022
Hernandez v. Garland
Non-citizen was ineligible for cancellation of removal because his grant of temporary protected status did not constitute an admission to the United States for purposes of obtaining lawful permanent resident status. 		Immigration 9th Jun. 29, 2022
Hernandez v. Garland
Petitioners granted special rule cancellation of removal under Nicaraguan Adjustment and Central American Relief Act Section 203 are barred from pursuing cancellation of removal under 8 U.S.C. Section 1229b(a). 		Immigration 9th Jun. 28, 2022
Velasquez-Samayoa v. Garland
Board of Immigration Appeals erred by failing to assess petitioner's aggregate risk of being tortured where petitioner posited two alternative theories of why he would be tortured if removed. 		Immigration 9th Jun. 27, 2022
Greenwood v. Garland
The Board of Immigration Appeals may rely on a previous adverse credibility determination to deny a motion to reopen a removal order if that earlier finding factually undermines petitioner's new argument. 		Immigration 9th Jun. 17, 2022
Martinez v. Clark
Determining whether a detained noncitizen is a danger to the community is a fact-intensive "discretionary judgment" that cannot be reviewed by a district court. 		Immigration 9th Jun. 16, 2022
Marquez-Reyes v. Garland
The "encouraged" component of the alien smuggling statute is not facially overbroad under the First Amendment. 		Immigration 9th Jun. 15, 2022
Johnson v. Arteaga-Martinez
Under 8 U.S.C. Section 1231(a)(6), the government is not required to offer detained noncitizens bond hearings after six months of detention. 		Immigration USSC Jun. 13, 2022
Garland v. Gonzalez
District courts exceeded jurisdiction in awarding injunctive relief to noncitizens because the Immigration and Nationality Act deprived them of jurisdiction to enjoin the operation of certain provisions of the act. 		Immigration USSC Jun. 13, 2022
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