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1998 - 1994

  • CA9: Magana-Pizano Case Summary (10/15/1998)
    Court Narrows IIRAIRA Restriction on Judicial Review, a summary of the 9th Circuit Magana-Pizano case.
  • CA9: Vera-Valera v. INS (7/7/1998)
    In our original opinion, we held that there was no compelling evidence to overturn the BIA's finding that petitioner failed to show that he was persecuted on account of an actual or imputed political opinion. On review of the petition for rehearing and the response, and further review of the record, we conclude that that holding was in error.
  • CA9: United States v. Moreno-Perez (6/29/1998)
    Antonio Moreno-Perez appeals his 30-month sentence imposed following his guilty plea conviction for illegal reentry after deportation for an aggravated felony in violation of 8 U.S.C. § 1326(a) & (b)(2). We have jurisdiction under 28 U.S.C. § 1291, and we vacate Moreno-Perez's sentence and remand for resentencing.
  • CA9: Vang v. INS (6/24/1998)
    Petitioner Dao Vang seeks review of a final order of deportation issued against him by the Board of Immigration Appeals (BIA). The BIA denied Vang's application for asylum and withholding of deportation under sections 208 and 243(h) of the Immigration and Nationality Act (Act), 8 U.S.C. ss 1158, 1253(h). We have jurisdiction pursuant to 8 U.S.C. s 1105a(a)(2), and we affirm.
  • CA9: United States v. Viramontes-Alvarado (6/24/1998)
    On August 28, 1996, Hector Viramontes-Alvarado was convicted of illegal reentry of an alien into the United States after deportation subsequent to a felony conviction in violation of 8 U.S.C. s 1326(b)(1). He contends that he is not an alien because he is the illegitimate son of an American citizen father.
  • CA9: Robison Fruit Ranch v. United States (6/24/1998)
    This is a petition for review of a decision of an Administrative Law Judge in the Executive Office of Immigration Review. The ALJ ruled that Petitioner, Robison Fruit Ranch, violated the 'document abuse' provision of the Immigration Reform and Control Act (IRCA), 8 U.S.C. s 1324b(a)(6), as it existed before its 1996 amendment.
  • CA9: Vindell-Reyes v. INS (6/17/1998)
    Petitioner Perla Marina Vindell-Reyes is a native and citizen of Nicaragua who claims fear of future persecution by the Nicaraguan government on account of her political activities in the National Liberal Party and feminist organizations. She appeals the BIA's decision upholding the IJ's order of deportation in absentia and denial of her motion to reopen. We grant her petition and remand.
  • CA9: United States v. Marin-Cuevas (6/8/1998)
    We must decide whether the jury properly rejected a claim of United States citizenship by an alleged alien who was charged with illegally re-entering the United States and whether the district court may assign criminal-history points for a prior sentence based solely on the attestation of a probation officer.
  • CA9: Walters v. INS (5/18/1998)
    The plaintiffs brought suit against the government on behalf of themselves and similarly situated noncitizens, seeking declaratory and injunctive relief on the ground that the administrative procedures used by the INS to obtain final orders under the document fraud provisions of the Immigration and Naturalization Act of 1990 violated their rights to procedural due process.
  • CA9: Zambrano v. INS (5/7/1998)
    Appellants' February 2, 1998, motion for summary disposition is GRANTED. In light of this court's opinion in Catholic Social Services v. Reno, 134 F.3d 921 (9th Cir. 1998), we vacate the district court's interlocutory orders and remand with instructions to dismiss the action for lack of jurisdiction.
  • CA9: Velarde v. INS (4/10/1998)
    Soledad Cristina Velarde, a native and citizen of Peru, appeals the BIA's summary denial of her application for asylum or withholding of deportation.
  • CA9: Shaar v. INS (4/15/1998)
    The Immigration Judge denied reopening because the Shaars had not departed during the allotted voluntary departure time, and the Board of Immigration Appeals upheld that decision, even though the Shaars had petitioned to reopen just before the time to voluntarily depart had expired.
  • CA9: CSS v. Reno (5/14/1997)
    This class action litigation challenges the lawfulness of an Immigration and Naturalization Service policy adopted in 1986 and revised in 1987 as part of the INS' administration of the Immigration Reform and Control Act of 1986, 8 U.S.C. S 1255a (IRCA).
  • CA9: Bui v. INS (2/2/1996)
    Attorneys fees and costs awarded to petitioner BY court of appeals where the INS denied him the opportunity to designate a country of deportation and then held that the error was harmless. The INS's position was not 'substantially justified.'
  • CA9: Garcia v. Taylor (INS) (11/10/1994)
    Incarcerated permanent resident has standing to bring mandamus action seeking to compel INS to give him expedited deportation hearing. The government does have the statutory duty to initiate and, to the extent possible, complete deportation proceedings, including any administrative appeals, before his release date.
  • CA9: Amnesty Apps. May Leave US w/o Advance Parole (8/5/1994)
    Oliveira v. INS (April 20, 1994). In 1988, Shirley Maria De Oliveira applied for legalization under an amnesty provision. While her application was pending, in 1991, she went to Brazil to visit her sick mother. She had tried to obtain advance parole on three different occasions prior to her departure date, but ultimately left without obtaining advance parole. AILA Doc. No. 94080590.
    AILA Doc. No. 94080590.
  • CA9 Hits 'Elias-Zacarias' (6/24/1994)
    Nonth Circuit decision on Gebllawi v. INS.
  • CA9 Finds Notice of Appeal Form Inadequate (6/11/1994)
    The following case, Padilla-Agustin v. INS (92-70611, 93-70351)(A71-631-997)(April 21, 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. AILA Doc. No. 94061190.
    AILA Doc. No. 94061190.
  • CA9: Deportation Orders Prejudicial (3/29/1994)
    United States v. Omero Ortiz-Lopez. Ortiz-Lopez appealedhis conviction for illegal reentry after having been previously deported. The Ninth Circuit held his indictment did not violate the Speedy Trial Act but reversed the conviction, finding that the government's reliance on deportation orders was insufficient proof of Ortiz-Lopez' alienage. (Courtesy of Mas Yonemura)
  • CA9: Stop by Border Patrol Deemed Illegal (3/1/1994)
    Mario Gonzalez-Rivera v. INS . The Ninth Circuit heldthat 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.
  • CA9 Discusses Entry, Fleuti Exception (2/10/1994)
    Mendoza v. INS, 94 Daily Journal D.A.R. 1551 (February 7, 1994). This is a Ninth Circuit case where the petitioner was denied review from an order of the BIA after found deportable under INA. The petitioner had illegally entered the UnitedStates in 1975, and left in 1979 for three days to visit her parents who were ill.
  • CA9: No Extreme Deference to BIA in Asylum (1/5/1994)
    Ghebllawi petitioned the 9th Cir. to review a BIA denial of asylum eligibility. He was born in Libya and entered the U.S. on a student visa in 1980. He is a member of the USA Chapter of the General Union of the Students of Libya. (Ghebllawi v INS) AILA Doc. No. 94010590.
    AILA Doc. No. 94010590.