Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
17-73412
|
Kumar v. Garland
The bulk of the adverse credibility findings were unsupported by the record because several of the alleged inconsistencies were not inconsistent at all. |
Immigration |
|
M. McKeown | Dec. 1, 2021 |
20-30187
|
U.S. v. De La Mora-Cobian
An alien requesting asylum during expedited removal proceedings must exhaust the asylum claim before being allowed to collaterally attack the removal order in a later prosecution for illegal reentry. |
Immigration |
|
R. Tallman | Nov. 30, 2021 |
D077894
|
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Nov. 24, 2021 |
18-72548
|
Nababan v. Garland
The Board of Immigration Appeals must, when properly considering all factors, take into account Indonesia's changed circumstances towards evangelical Christians specifically, as opposed to Christians in general. |
Immigration |
|
S. Gleason | Nov. 24, 2021 |
19-72007
|
Goulart v. Garland
The Board of Immigration Appeals denied petitioner's claim for equitable tolling because petitioner failed to diligently pursue his rights during the time between his removal and the change in law. |
Immigration |
|
R. Paez | Nov. 19, 2021 |
D077894
|
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Nov. 18, 2021 |
18-70329
|
Lopez Vazquez v. Garland
A non-citizen's petition for review of a removal order was dismissed because petitioner's removal order was legally valid at the time of entry and execution. |
Immigration |
|
D. Bress | Nov. 15, 2021 |
20-70115
|
Amended Opinion: Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders. |
Immigration |
|
E. Robreno | Nov. 10, 2021 |
19-73085
|
Quebrado Cantor v. Garland
Continuous presence requirement to be eligible for cancellation of removal is not stopped by a final order of removal. |
Immigration |
|
M. McKeown | Nov. 4, 2021 |
18-72974
|
Usubakunov v. Garland
An immigration judge's denial of an asylum applicant's continuance of his merits hearing violated the applicant's right to counsel. |
Immigration |
|
M. McKeown | Nov. 2, 2021 |
20-50172
|
U.S. v. Rizo-Rizo
Attempted illegal entry is a regulatory offense that does not require the alien to know that he was an alien. |
Immigration |
|
M. Bennett | Nov. 1, 2021 |
D077894
|
People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Oct. 26, 2021 |
20-55634
|
Fraihat v. U.S. Immigration and Customs Enforcement
Because ICE's directives and mandates included protecting immigration detainees from COVID-19, plaintiffs were unable to establish that ICE acted with a deliberate indifference to detainee's medical needs. |
Immigration |
|
D. Bress | Oct. 21, 2021 |
18-70060
|
Amaya v. Garland
A Lawful Permanent Resident was removable for having committed first-degree assault under Washington state law because it is a categorically an aggravated felony. |
Immigration |
|
J. Bybee | Oct. 8, 2021 |
20-70187
|
Nolasco-Amaya v. Garland
Pro se petitioner's appeal must be liberally construed and meets specificity requirements if it provides enough information as to how and why she thought the immigration judge erred. |
Immigration |
|
S. Graber | Sep. 29, 2021 |
18-72030
|
Cui v. Garland
Because petitioner's improperly submitted motion was rejected by the clerk, it was not timely filed. |
Immigration |
|
L. VanDyke | Sep. 24, 2021 |
19-72903
|
Alfred v. Garland
A difference in aiding and abetting mens reae between state and federal law should be considered in felony-based removal proceedings even when the crime committed did not involve aiding and abetting. |
Immigration |
|
M. England | Sep. 23, 2021 |
18-70943
|
Li v. Garland
There was a sufficient evidence for an adverse credibility determination when an asylum applicant did not disclose a criminal charge and provided no explanation for false employment information. |
Immigration |
|
J. Wallace | Sep. 22, 2021 |
15-71553
|
Alcaraz-Enriquez v. Garland
Because the government denied the opportunity to cross-examine witnesses, an undocumented immigrant was deprived of an opportunity to a fair hearing. |
Immigration |
|
C. Bea | Sep. 17, 2021 |
13-73719
|
Diaz-Rodriguez v. Garland
A non-citizen defendant was not removable under a child endangerment statute because the statute criminalized conduct that fell short of the generic definition of child abuse. |
Immigration |
|
P. Watford | Sep. 13, 2021 |
18-72318
|
Etemadi v. Garland
An immigration judge clearly erred when discounting evidence that applicant had become a Christian. |
Immigration |
|
D. Boggs | Sep. 10, 2021 |
18-73237
|
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights. |
Immigration |
|
L. VanDyke | Sep. 10, 2021 |
19-72744
|
Alam v. Garland
In light of the REAL ID Act, adverse credibility determinations require consideration of the totality of the circumstances, replacing the previous "single factor rule." |
Immigration |
|
S. Thomas | Sep. 9, 2021 |
18-72692
|
Iraheta-Martinez v. Garland
Because a non-citizen became an adult who no longer needed to live with his abusive father, he would not be persecuted in the future due to 'changed circumstances.' |
Immigration |
|
G. Feinerman | Sep. 8, 2021 |
15-73085
|
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization. |
Immigration |
|
D. Collins | Sep. 3, 2021 |
19-70506
|
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination. |
Immigration |
|
P. Curiam (9th Cir.) | Sep. 2, 2021 |
17-70127
|
Reyes Afanador v. Garland
Applying 'Matter of Cortes Medina' retroactively to petitioner's 2011 conviction for indecent exposure was impermissible. |
Immigration |
|
S. Ikuta | Aug. 30, 2021 |
20-70127
|
Orozco-Lopez v. Garland
Non-citizens whose removal orders have been reinstated are statutorily entitled to counsel under 8 U.S.C. Section 1362. |
Immigration |
|
C. Callahan | Aug. 26, 2021 |
19-72890
|
Munyuh v. Garland
Adverse credibility determination was improper because immigration judge did not give specific reasons for rejecting petitioner's reasonable explanation regarding perceived discrepancies. |
Immigration |
|
D. Boggs | Aug. 26, 2021 |
15-70776
|
Dai v. Garland
Board of Immigration Appeals did not find petitioner's case to be persuasive and no reasonable adjudicator would be compelled to conclude otherwise. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 23, 2021 |