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1998 - 1994

  • CA9 Reverses Earlier Decision on Imputed Political Opinion (7/7/1998)
    On rehearing, the court found that record compels the conclusion that the petitioner's undisputed fear of future persecution by Sendero Luminoso was on account of political opinion imputed to him by the guerillas. (Vera-Valera v. INS, 7/7/98)
    AILA Doc. No. 98070799.
  • CA9 Vacates Criminal Sentence for Illegal Reentry (7/7/1998)
    The court vacated the plaintiff's 30-month sentence for illegal reentry after deportation for an aggravated felony in violation of 8 USC §1326(a) & (b)(2) and remanded for resentencing. (U.S. v. Moreno-Perez, 7/7/98)
    AILA Doc. No. 98070758.
  • CA9 Attributes Parents' Firm Resettlement Onto Child (6/24/1998)
    The court held that Petitioner's parents were firmly resettled in France prior to entering the United States in 1991 and attributed the parents' firm resettlement onto Petitioner who lived in France as a child until he was 16. (Vang v. INS, 6/24/98)
    AILA Doc. No. 98062456.
  • CA9 Rejects Deriviative Citizenship Defense to Illegal Reentry Charge (6/24/1998)
    The court rejected plaintiff's claim of derivative citizenship and affirmed his conviction for illegal reentry after deportation subsequent to a felony conviction in violation of 8 USC 1326(b)(1). (U.S. v. Viramontes-Alvarado, 6/24/98)
    AILA Doc. No. 98062457.
  • CA9 Finds No Document Abuse Absent Discrimination (6/24/1998)
    The court held that in the absence of discrimination, the petitioner did not violate the IRCA document abuse provision as it existed before the 1996 amendment by requesting documents that most applicants had and used to fill out other employment forms. (Robison Fruit Ranch v. U.S., 6/24/98)
    AILA Doc. No. 98062458.
  • CA9 Reverses IJ Denial of MTR In Absentia Order (6/17/1998)
    The court remanded where petitioner arrived within the judge's "15-minute grace period" but remained outside the court room until her attorney arrived more than an hour late and the IJ had not finished his morning calendar. (Vindell-Reyes v. INS, 6/17/98)
    AILA Doc. No. 98061758.
  • Court Says Jury Properly Rejected Plaintiff's USC Claim (6/8/1998)
    Finding no error in the jury instructions, the court held that the jury properly rejected a claim of U.S. citizenship by the plaintiff, an alleged alien who was charged with illegally re-entering the U.S. (U.S. v. Marin-Cuevas, 6/8/98)
    AILA Doc. No. 98060859.
  • CA9 Upholds Summary Judgment in Class Action Challenge to 274C Rules (5/18/1998)
    In a class action case, the court upheld the district court's grant of summary judgment and found that the procedures used to obtain final orders under the document fraud provisions of INA 274C violated the rights of the class to procedural due process. (Walters v. INS, 5/18/98)
    AILA Doc. No. 98051856.
  • CA9 Says Government Must Expedite Hearing for Incarcerated LPR (11/10/1994)
    The court found that the incarcerated LPR had standing to bring a mandamus action to compel INS to give him an expedited deportation hearing and that the government has a duty to initiate and if possible, complete deportation proceedings before his release date. (Garcia v. Taylor, 11/10/94)
    AILA Doc. No. 94111059.
  • CA9: Legalization Applicant May Leave US w/o Advance Parole (8/5/1994)
    CA9 held that a legalization applicant who departed the U.S. in 1991 to visit her sick mother while her application was pending had a brief, casual and innocent departure, and did not require an advance parole. (Oliveira v. INS (4/20/94)
    AILA Doc. No. 94080590.
  • CA9 Hits 'Elias-Zacarias' (6/24/1994)
    CA9 finds that Elias-Zacarias does not compel that INS be given the same measure of extreme deference as is given a prison official. (Gebllawi v. INS, 3/10/94)
    AILA Doc. No. 94062459.
  • CA9 Finds Notice of Appeal Form Inadequate (6/11/1994)
    On appeal of a BIA summary dismissal of an asylum related appeal, the Ninth Circuit held that the information contained on the Notice of Appeal regarding the potential of summary dismissal is inadequate. (Padilla-Agustin v. INS, 4/21/94)
    AILA Doc. No. 94061190.
  • CA9 Rejects Use of Deportation Order to Establish Alienage in Criminal Case (5/29/1994)
    The court reversed the conviction for illegal reentry after deportation, finding that the government's reliance on the defendant's order to show cause and deportation order to establish alienage was highly prejudicial. (U.S. v. Ortiz-Lopez, 5/16/94)
    AILA Doc. No. 94052959.
  • CA9: Stop by Border Patrol Deemed Illegal (3/1/1994)
    CA9 held that stopping a vehicle based solely on the Hispanic appearance of the passengers was an egregious violation of their Fourth Amendment rights, and the evidence obtained by the border patrol officers should have been excluded. (Mario Gonzalez-Rivera v. INS, 4/28/94)
    AILA Doc. No. 94030159.
  • CA9 Refuses to Extend Fleuti Doctrine to Non-LPR (2/10/1994)
    Noting that the Fleuti exception only applies to LPRs, the court refused to extend it to the petitioner who entered illegally in 1975 and left in 1979 for three days to visit her parents who were ill. (Mendoza v. INS, 2/7/94)
    AILA Doc. No. 94021059.
 
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