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2000 - 1999

  • CA9: State Rehabilitative Statute Found to Cure Removal Ground (8/1/2000)
    The 9th Circuit finds that the convictions of individuals who received the benefit of state rehabilitative statutes are extenguished. As a result, they are not subject to removal. (Lugan-Armendariz v INS, 8/1/00)
    AILA Doc. No. 00080104.
  • CA9 Rebuffs Soriano (12/28/1999)
    The court refused to follow Soriano, holding that AEDPA §440(d) does not apply to deportation cases pending when AEDPA was passed, and that AEDPA and IIRAIRA do not repeal habeas relief under 28 USC §2241. (Magana-Pizano v. INS, 12/27/99)
    AILA Doc. No. 99122801.
  • CA9: CSS to be Reheard En Banc (12/17/1999)
    The Ninth Circuit Court of Appeals has agreed to rehear the CSS 'late amnesty' case en banc. (Catholic Social Services v. INS, 12/15/1999)
    AILA Doc. No. 99121777.
  • CA9 Reverses BIA Asylum Decision (4/30/1999)
    CA9 holds Petitioner eligible for asylum and withholding. (Molina-Cardenas v. INS, 4/13/99)
    AILA Doc. No. 99043093.
  • CA9 Finds Well-Founded Fear of Persecution (4/30/1999)
    CA9 reversse the BIA's decision, finding a well-founded fear of future persecution on account of political opinion, and that such persecution is more likely than not to occur, should Petitioner return to E1 Salvador. (Jaime-Martinez v. INS, 2/9/99)
    AILA Doc. No. 99043091.
  • CA9 Remands for Credibility Finding (4/30/1999)
    CA9 finds the facts presented to present a compelling case for asylum, but remands to the BIA for a credibility determination. (Briones v. INS, 4/30/99)
    AILA Doc. No. 99043090.
  • CA9 Addresses Politically Motivated Financial Extortion (4/30/1999)
    CA9 finds financial extortion was politically motivated for asylum purposes, and remands to be presented to the AG for an exercise of discretion, thus reversing Matter of T-M-B-, Int. Dec. 3307 (BIA 1997). (Borja v. INS, 10/22/98)
    AILA Doc. No. 99043092.
  • CA9 Reverses BIA on Changed Country Conditions (4/28/1999)
    CA9 found that BIA erred in concluding that changed country conditions resulted in no longer having a well-founded fear of persecution, and remanded for a credibility determination. (Hernandez-Acosta v. INS, 4/28/99)
    AILA Doc. No. 99042891.
  • CA9 Finds Evidence of Persecution on Political Grounds (4/22/1999)
    CA9, finding that the Recontras harassed, detained, threatened, and shot at Petitioner on account of his actual or imputed political views, reverses the BIA's finding of no past persecution, and remands for a credibility determination. (Leiva-Montalvo v. INS, 4/22/99)
    AILA Doc. No. 99042290.
  • CA9 Says Employers Must Bargain with Undocumented Union Employees (3/17/1999)
    The court granted the NLRB's petition to enforce the cease and desist order and held that an employer may not refuse to bargain with certified representatives of its employees because some of the voting employees are undocumented aliens. (NLRB v. Kokka, 3/17/99)
    AILA Doc. No. 99031759.
  • CA9 Finds Lack of Proof of Persecution Likelihood (1/29/1999)
    While the petitioner 'offered sufficient evidence to establish a material change in country conditions, he did not establish a prima facie case that the change would likely subject him to individualized persecution.' (Qaumi v. INS, 1/29/99)
    AILA Doc. No. 99012957.
  • CA9 Remands to Explore Past Persecution (1/4/1999)
    Because the record is not fully developed with respect to whether Petitioner is entitled to asylum for humanitarian reasons, the Court remands for a determination by the BIA regarding past persecution. (Hyseni v. INS, 1/4/99)
    AILA Doc. No. 99010458.
  • CA9 Remands on Asylum Holding (1/6/1999)
    Petitioner requests review of a final order of the BIA denying his request for asylum and withholding of deportation. The court concludes that the BIA erred and remand the case. (Campos-Sanchez v. INS, 1/6/99)
    AILA Doc. No. 99010659.
  • CA9 Allows Class Action Challenging Border Patrol Practices to Move Forward (1/12/1999)
    The court reversed the district court's denial of class certification and grant of summary judgment in favor of defendants in a case alleging that the U.S. Border Patrol routinely stops Arizona motorists without reasonable suspicion. (Hodgers-Durgin v.De La Vina, 1/12/99)
    AILA Doc. No. 99011259.
 
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