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Ninth Circuit

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  • CA9 Says BIA Erred in Concluding California Spousal Abuse Is a CIMT(532 KB - 11/20/2014)
    The panel held the BIA erred by looking to evidence outside the record of conviction to conclude that petitioner was convicted of spousal abuse under California Penal Code §273.5(a), and also remanded to consider if he was eligible for petty offense exception. (Vargas v. Holder, 11/19/14)
    AILA Doc. No. 14112060.
  • CA9 Says BIA Can Reopen Removal Proceedings for Opportunity to Pursue Adjustment Application(538 KB - 11/19/2014)
    The court declined to defer to Matter of Yauri and held the BIA has authority to reopen proceedings to an arriving alien who is under a final order of removal in order to afford him/her an opportunity to pursue an adjustment application before USCIS. (Singh v. Holder, 11/13/14)
    AILA Doc. No. 14111903.
  • CA9 Says Arizona Felony Endangerment Is a CIMT(536 KB - 11/17/2014)
    The court upheld the BIA’s finding that Arizona Revised Statute §13-1201 is a crime involving moral turpitude (CIMT) and creation of a substantial, actual risk of imminent death is sufficiently reprehensible to establish a CIMT, although no actual harm need occur. (Leal v. Holder, 11/6/14)
    AILA Doc. No. 14111743.
  • CA9 Says Arizona Identity Fraud Offense Is a CIMT Under Modified Categorical Approach(506 KB - 11/14/2014)
    The court held that a conviction under Arizona Revised Statutes §13-2008(A) is not a categorical crime involving moral turpitude (CIMT), but under the modified categorical approach, stealing a real person’s identity to obtain employment is a CIMT. (Ibarra-Hernandez v. Holder, 11/5/14)
    AILA Doc. No. 14111441.
  • CA9 Says IJ Erred in Denying Continuance to Submit Additional Arrest Documents(565 KB - 11/13/2014)
    The court held the IJ abused her discretion in denying a continuance to submit into evidence additional arrest documents to prove past persecution since the reasoning was based on legal error and was inconsistent with factors set forth in Peng v. Holder. (Owino v. Holder, 11/4/14)
    AILA Doc. No. 14111343.
  • CA9 Overturns Almanza-Arenas, Says Young Has Been Abrogated In Part by Moncrieffe (Updated 11/13/14)(549 KB - 11/13/2014)
    The court overturned a BIA published decision, holding that because the record was inconclusive as to whether petitioner was convicted of temporarily or permanently taking a vehicle, the BIA erred in applying the modified categorical approach. (Almanza-Arenas v. Holder, 11/10/14)
    AILA Doc. No. 14111247.
  • CA9 Says Arizona Fraud Conviction Involving Employment Application Is a CIMT(514 KB - 11/10/2014)
    The court held that the petitioner’s conviction under Arizona Revised Statutes §13-2002 constituted a crime involving moral turpitude (CIMT) since the statute criminalized conduct that constituted fraud, and Beltran-Tirado was inapplicable. (Espino-Castillo v. Holder, 10/29/14)
    AILA Doc. No. 14111047.
  • CA9 Says CA Attempted Arson Is an Aggravated Felony (Updated 11/6/14)(603 KB - 11/6/2014)
    The court held a conviction for attempted arson in violation of California Penal Code §455 was an aggravated felony and the additional element in the federal explosive materials statute is a purely jurisdictional element to be disregarded. (Sandoval-Gomez v. Holder, 9/22/14, vacated 10/24/14)
    AILA Doc. No. 14092962.
  • CA9 Says Arizona Conviction for Criminal Impersonation Is a CIMT(501 KB - 10/29/2014)
    The court held that petitioner’s conviction for criminal impersonation by assuming a false identity with intent to defraud, in violation of Arizona Revised Statutes §13-2006(A)(1), is categorically a crime involving moral turpitude (CIMT). (Hernandez de Martinez v. Holder, 10/24/14)
    AILA Doc. No. 14102944.
  • CA9 Finds CHS §11351 Conviction Is Neither Aggravated Felony Nor Controlled Substance Offense (Withdrawn) (Updated 10/20/14)(718 KB - 9/22/2014)
    The court vacated the removal order, applying the modified categorical approach and finding that the conviction under §11351 of the California Health and Safety Code (CHS) was neither an aggravated felony nor a controlled substance offense. (Medina v. Holder, 9/19/14; withdrawn 10/10/14)
    AILA Doc. No. 14092247.
  • CA9 Vacates Removal Order for California §11351 Offense and Remands with Instructions to Terminate Proceedings(568 KB - 10/20/2014)
    The court withdrew its 9/19/14 decision, holding that as the abstract of judgment did not offer clear and convincing evidence about what petitioner pleaded guilty to, DHS failed to establish the conviction was an aggravated felony or controlled substance offense. (Medina v. Holder, 10/10/14)
    AILA Doc. No. 14102045.
  • CA9 Says NACARA Seven-Year Good Moral Character Period Ends on Filing Date(565 KB - 10/10/2014)
    The court held that an application for special rule cancellation of removal under §203 of NACARA is not a continuing application, and that the seven-year period during which good moral character is required ends on the date of the filing of the application. (Aragon v. Holder, 10/2/14)
    AILA Doc. No. 14101047.
  • CA9 Says BIA Abused its Discretion when Denying Motion to Reopen In Absentia Order(542 KB - 10/2/2014)
    The court granted the petition for review, finding that the petitioner should not have lost her right to a hearing because the government improperly recorded, and then sent notice to an old address, rather than the current one she claimed to have given them. (Velasquez v. Holder, 9/29/14)
    AILA Doc. No. 14100241.
  • CA9 Holds Matter of Jean Applies to Adjustment Applications Under INA §245(i)(535 KB - 9/9/2014)
    The court upheld the BIA’s decision not to apply the categorical approach to determine if a crime is violent or dangerous for purposes of Matter of Jean and upheld the BIA’s extension of the standard to the context of adjustment under INA §245(i). (Torres-Valdivias v. Holder, 9/5/14)
    AILA Doc. No. 14090943.
  • CA9 Holds California Conviction for Possession of Marijuana for Sale Is an Aggravated Felony(512 KB - 9/8/2014)
    The court held that a conviction for possession of marijuana for sale under California Health and Safety Code §11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance,” under INA §101(a)(43)(B). (Roman-Suaste v. Holder, 9/4/14)
    AILA Doc. No. 14090846.
  • CA9 Transfers U.S. Citizenship Claim to District Court for Evidentiary Findings(551 KB - 9/3/2014)
    The court held that the petitioner may be able to establish citizenship if he could show that the INS’s mishandling of naturalization applications by petitioner and his mother resulted in a violation of his due process rights. (Brown v. Holder, 8/18/14)
    AILA Doc. No. 14090346.
  • CA9 Grants Petition for Review, Finds BIA Misused Modified Categorical Approach(552 KB - 9/3/2014)
    The court reversed and remanded, holding petitioner’s conviction of attempted second degree burglary under California Penal Code §459 could not qualify as an attempted theft offense under INA §101(a)(43)(U) and it did not render him ineligible for cancellation. (Rendon v. Holder, 8/22/14)
    AILA Doc. No. 14090345.
  • CA9 Finds Indian Petitioner Eligible for Asylum Based on His Imputed Political Opinion(561 KB - 8/28/2014)
    The court found the petitioner eligible for asylum and withholding, holding that mixed-motive analysis applies to cases governed by the REAL ID Act and that the petitioner’s imputed political opinion was at least one central reason the Indian police targeted him. (Singh v. Holder, 8/26/14)
    AILA Doc. No. 14082849.
  • CA9 Holds Substantial Evidence Does Not Support BIA’s Adverse Credibility Determination(551 KB - 8/28/2014)
    The court found the BIA’s adverse credibility determination was flawed when it relied on petitioner’s omission until cross-examination of details concerning third parties, which were not contradictory to his earlier testimony or application materials. (Lai v. Holder, 8/25/14, amended 11/4/14)
    AILA Doc. No. 14082848.
  • CA9 Grants CAT Relief to Vietnamese Petitioner yet Finds Conviction Is a CIMT(553 KB - 8/21/2014)
    The court granted the petition with respect to the CAT claim, yet held the BIA did not err in determining that petitioner’s conviction of misusing a passport to facilitate an act of international terrorism was a categorical crime involving moral turpitude (CIMT). (Nguyen v. Holder, 8/14/14)
    AILA Doc. No. 14082146.
  • CA9 Affirms Government’s Modified Categorical Approach for Controlled Substance Offense(626 KB - 7/30/2014)
    The court held DHS could consider a page in the indictment that described the controlled substance as methamphetamine because the statement was specifically incorporated into petitioner’s plea agreement as the factual basis supporting his guilty plea. (Alvarado v. Holder, 7/23/14)
    AILA Doc. No. 14073045.
  • CA9 Retroactively Applies Terrorism Bar for Asylum Petitioner from Iran(510 KB - 7/14/2014)
    The court held the statutory terrorism bar at INA §212(a)(3)(B) applied retroactively to petitioner’s material support of a Tier III organization, the Mojahedi-e Khalq (MEK), although his activities with MEK in the 1970s occurred before official designation. (Bojnoordi v. Holder, 7/7/14)
    AILA Doc. No. 14071409.
  • CA9 Blocks Arizona Driver’s License Ban for DACA Beneficiaries(620 KB - 7/8/2014)
    The court held it could identify no legitimate state interest that was rationally related to defendants’ decision to treat DACA recipients disparately from other noncitizens who could use their EAD cards when applying for driver’s licenses. (Arizona Dream Act Coalition v. Brewer, 7/7/14)
    AILA Doc. No. 14070849.
  • CA9 Upholds Adverse Credibility Determination in Asylum Case for Chinese Christian(565 KB - 6/13/2014)
    The panel held the inconsistency between the asylum declaration, in which petitioner recounted physical abuse during detention, and her failure to testify about that abuse until she was prompted, was sufficient to support the IJ’s adverse credibility determination. (Jiang v. Holder, 6/12/14
    AILA Doc. No. 14061302.
  • CA9 Finds a Protected Property Interest in Adjudication of I-130 Petition(596 KB - 6/4/2014)
    The court found plaintiffs had a protected property interest in the adjudication of the I-130, and held that their Fifth Amendment procedural due process rights were violated because they were not given the opportunity to cross-examine petitioner’s first husband. (Ching v. Mayorkas, 8/7/13)
    AILA Doc. No. 14060446.
  • CA9 Upholds Asylum Denial for Sikh Petitioner from India(572 KB - 5/29/2014)
    The court denied the petition for review, upholding the BIA’s determination that there had been a fundamental change in circumstances such that the Sikh petitioner’s life would not be threatened on account of a protected ground if removed to India. (Singh v. Holder, 5/21/14)
    AILA Doc. No. 14052942.
  • CA9 Remands Asylum Denial for Chinese Petitioner(538 KB - 5/27/2014)
    The court held substantial evidence did not support the IJ’s adverse credibility finding based on a discrepancy in dates in the evidence, as other evidence corroborated the explanation that one of the documents included an incorrect date due to a typographical error. (Zhi v. Holder, 5/16/14)
    AILA Doc. No. 14052740.
  • CA9 Remands, Considering Indonesian Petitioner’s Post-Removal Conversion to Christianity(526 KB - 5/15/2014)
    The court held that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. (Chandra v. Holder, 5/12/14)
    AILA Doc. No. 14051540.
  • CA9 Holds Sentencing Enhancements May Be Considered in "Particularly Serious Crime" Determinations(540 KB - 5/13/2014)
    The court held that the IJ and BIA may consider sentencing enhancements for purposes of determining whether a noncitizen who has not committed an aggravated felony has nonetheless committed a particularly serious crime under INA §241(b)(3)(B)(ii). (Konou v. Holder, 5/9/14)
    AILA Doc. No. 14051300.
  • CA9 Remands Asylum Claim for Petitioner Fleeing Gang Violence in Guatemala(547 KB - 5/12/2014)
    The court granted petition for review, finding it was unclear whether the evidence was sufficient to meet the revised social visibility standard in W-G-R and M-E-V-G, and remanded for BIA to consider the asylum claim in light of these decisions. (Pirir-Boc v. Holder, 5/7/14)
    AILA Doc. No. 14051242.
  • CA9 Vacates Removal Order for Petitioner with Hawaii Conviction(560 KB - 4/29/2014)
    The court vacated the removal order, finding the petitioner was not categorically removable under INA §237(a)(2)(B)(i) because the Hawaii statute of conviction criminalized at least two substances that were not listed by the CSA. (Ragasa v. Holder, 4/28/14, amended 6/4/14)
    AILA Doc. No. 14042943.
  • CA9 Declines to Review Asylum Denial for Chinese Petitioner(531 KB - 4/22/2014)
    The court found that under In Re J-S-, as a spouse of a victim of a forced abortion or sterilization, a reasonable factfinder would not be compelled to find that the petitioner either resisted China’s one-child policy or had suffered persecution. (He v. Holder, 4/17/14)
    AILA Doc. No. 14042255.
  • CA9 Declines to Review Withholding and CAT Denial for Dominican Petitioner(527 KB - 4/18/2014)
    The court held substantial evidence supported the BIA’s adverse credibility determination based on petitioner’s various lies to U.S. officials and to the district court judge, especially about her identity and country of origin. (Garcia v. Holder, 4/16/14)
    AILA Doc. No. 14041840.
  • CA9 Declines to Review Asylum and Withholding Denial for Chinese Petitioner(535 KB - 4/15/2014)
    The court held substantial evidence supported BIA’s reasonable determination that petitioner was not credible under the totality of the circumstances, including his non-responsive demeanor during cross-examination and affirmative misrepresentations of his residency. (Jin v. Holder, 4/14/14)
    AILA Doc. No. 14041550.
  • CA9 Remands for BIA to Determine Whether California Assault Crime is a CIMT(582 KB - 4/3/2014)
    The en banc court granted the petition for review and remanded for the BIA to determine in the first instance whether California Penal Code §245(a)(1), assault with a deadly weapon other than a firearm, constituted a crime involving moral turpitude (CIMT). (Ceron v. Holder, 3/31/14)
    AILA Doc. No. 14040349.
  • CA9 on INA §241(a)(5)(504 KB - 4/2/2014)
    The court denied the petition, holding that the application to petitioner of the reinstatement statue was not impermissibly retroactive, because he had taken no action to vest any right he may have initially had to renew his application for adjustment of status. (Ortega v. Holder, 3/31/14)
    AILA Doc. No. 14040254.
  • CA9 Applies Modified Categorical Approach to California Controlled Substance Statute(553 KB - 3/24/2014)
    The court found §11377(a) of the California statute divisible under Descamps and applied the modified categorical approach to find petitioner was convicted of possessing methamphetamine, a controlled substance under federal law. (Coronado v. Holder, 3/14/14, amended 7/18/14).
    AILA Doc. No. 14032440.
  • CA9 Holds Procedural Requirements for MTRs Apply to CAT Claims(551 KB - 3/21/2014)
    The court denied a petition for review of the BIA’s denial of an untimely motion to reopen (MTR) based on changed country conditions in the Philippines and held that the procedural requirements relating to MTRs specified in 8 CFR §1003.2(c) apply to CAT claims. (Go v. Holder, 3/7/14)
    AILA Doc. No. 14032150.
  • CA9 Denies Petition to Review Asylum Denial for Chinese Petitioner(529 KB - 3/21/2014)
    The court held the evidence did not compel the conclusion that the petitioner was credible, the IJ’s well-supported demeanor finding was entitled to special deference, and the IJ appropriately considered the record as a whole and the totality of the circumstances. (Huang v. Holder, 3/12/14)
    AILA Doc. No. 14032149.
  • CA9 Finds BIA Did Not Engage in Improper Fact Finding in Serious Crime Determination(542 KB - 3/18/2014)
    The court found the BIA did not engage in improper fact finding when it concluded that petitioner was not eligible for withholding of removal because his California conviction for transportation of methamphetamine constituted a particularly serious crime. (Perez-Palafox v. Holder, 3/11/14)
    AILA Doc. No. 14031845.
  • CA9 Finds California Felony False Imprisonment Is Not a CIMT(524 KB - 3/18/2014)
    The court vacated the BIA’s final order of removal, holding that felony false imprisonment under California law is not a crime involving moral turpitude (CIMT), because it does not require the intent to injure, actual injury, or a protected class of a victim. (Turijan v. Holder, 3/10/14)
    AILA Doc. No. 14031844.
  • CA9 Finds BIA Abused Discretion in Denial of Motion to Reopen to Adjust Status(526 KB - 2/27/2014)
    The court held that the BIA abused its discretion by improperly according controlling weight to fact that DHS opposed the motion to reopen and to DHS’s contention that petitioner failed to establish he was not a public charge. (Tadevosyan v. Holder, 2/26/14)
    AILA Doc. No. 14022742.
  • CA9 Says BIA Did Not Err in Finding Petitioner Removable Under INA §212(a)(2)(C)(i)(514 KB - 1/29/2014)
    The court found the BIA did not err when finding petitioner removable under INA §212(a)(2)(C)(i), based on circumstantial evidence and a guilty plea from the related overturned conviction. (Chavez-Reyes v. Holder, 1/27/14)
    AILA Doc. No. 14012907.
  • CA9 Finds USCMJ Conviction Is Not An Aggravated Felony(542 KB - 1/28/2014)
    The court remanded to the BIA with instructions to vacate the removal order, finding that petitioner’s conviction relating to child pornography under the Uniform Code of Military Justice (UCMJ) is not an aggravated felony under INA §101(a)(43(I). (Aguilar-Turcious v. Holder, 1/23/14)
    AILA Doc. No. 14012845.
  • CA9 Finds Petitioner with Post-Entry Adjustment Is Eligible for §212(h) Waiver(550 KB - 1/27/2014)
    The court held that petitioner was not barred from applying for a waiver, because her post-entry adjustment of status to lawful permanent resident after her admission to the U.S. did not constitute an admission in the context of INA §212(h). (Negrete-Ramirez v. Holder, 1/21/14)
    AILA Doc. No. 14012755.
  • CA9 Finds Material Inconsistencies in One Asylum Claim Support an Adverse Credibility Determination on Another Claim(569 KB - 1/2/2014)
    The court denied the petition for review, applying the maxim falsus in uno, falsus in omnibus to find that material inconsistencies in testimony regarding one claim support an adverse credibility determination on another claim in a pre-REAL ID Act case. (Li v. Holder, 12/31/13)
    AILA Doc. No. 14010243.
 
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