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Ninth Circuit

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  • CA9 on Physical Presence Requirement for Voluntary Departure Requests(102 KB - 6/13/2013)
    The court held that the term “physically present,” as used in INA §240B(b), requires uninterrupted physical presence in the U.S. for one year for an alien to be eligible for voluntary departure at the conclusion of removal proceedings. (Corro-Barragan v. Holder, 6/10/13)
    AILA Doc. No. 13061305.
  • CA9 Remands Denial of El Salvadoran Asylum Claim(105 KB - 6/13/2013)
    The court directed the BIA to re-evaluate whether the petitioner’s opposition to the FMLN’s strategy of using violence constitutes a political opinion and address whether the petitioner established a likelihood of future persecution. (Regalado-Escobar v. Holder, 6/5/13)
    AILA Doc. No. 13061304.
  • CA9 Finds CA Health & Safety Code § 11359 is Controlled Substances Crime(495 KB - 6/7/2013)
    The court found that the petitioner failed to meet his burden that California Health & Safety Code §11359 could apply to conduct not related to a controlled substance, and held that the conviction is a categorical crime relating to a controlled substance. (Macias-Carreon v. Holder, 5/30/13)
    AILA Doc. No. 13060743.
  • CA9 Finds Petitioner Is Not Eligible for 212(c) Relief(522 KB - 5/29/2013)
    The court held that the petitioner falls outside of the protective scope of §212(c) because he is an aggravated felon who filed for relief after 11/29/90, regardless of when he was initially admitted to the U.S. (Lawrence v. Holder, 5/21/13)
    AILA Doc. No. 13052946.
  • CA9 Rejects Consular Nonreviewability as Basis for Dismissing Case(591 KB - 5/24/2013)
    The court found that the citation to a broad section of the INA that contains numerous categories of proscribed conduct, without any factual allegations to support the finding, is not a facially legitimate reason for denying a visa for the spouse of a U.S. citizen. (Din v. Kerry, 5/23/13)
    AILA Doc. No. 13052448.
  • CA9 Remands Asylum Case of Former Mexican Soldier(545 KB - 5/20/2013)
    The court remanded the asylum case for the BIA to reconsider whether members of a Mexican drug cartel were responsible for the harm suffered by the petitioner, and to determine whether the government is able to control the cartel. (Tapia Madrigal v. Holder, 5/15/13) AILA Doc. No. 13052048.
    AILA Doc. No. 13052048.
  • CA9 Rejects Matter of Silva-Trevino(579 KB - 5/17/2013)
    The court held that Matter of Silva-Trevino was wrongly decided, and that the IJ and the BIA improperly considered evidence beyond the record of conviction in holding that the petitioner was convicted of a CIMT. (Olivas-Motta v. Holder, 5/17/13) AILA Doc. No. 13051745.
    AILA Doc. No. 13051745.
  • CA9 on EAJA Fees(477 KB - 5/15/2013)
    The court denied the motion for attorney’s fees, although one Circuit Judge wrote a concurring opinion noting that “EAJA does not work well when it compels a court to cut off compensation of careful and effective advocacy.” (Sargsyan v. Holder, 5/9/13) AILA Doc. No. 13051500.
    AILA Doc. No. 13051500.
  • CA9 Finds Asylum Applicant’s Proposed Social Group Lacks Sufficient Particularity(516 KB - 5/15/2013)
    The court held that the petitioner’s proposed social group - which he described as disabled persons, insulin-dependent diabetics, or insulin dependent diabetics who suffer from mental illness - lacked sufficient particularity. (Mendoza-Alvarez v. Holder, 5/3/13) AILA Doc. No. 13051558.
    AILA Doc. No. 13051558.
  • CA9 on Retroactivity of the Nationality Act of 1940(508 KB - 5/7/2013)
    The court held that the plaintiff was not entitled to a declaratory judgment that he is a U.S. Citizen because the Nationality Act of 1940, which liberalized the residency requirement, did not apply retroactively to the plaintiff. (Friend v. Holder, 4/30/13) AILA Doc. No. 13050745.
    AILA Doc. No. 13050745.
  • CA9 Orders Bond Hearing in Certain Mandatory Detention Cases(597 KB - 4/30/2013)
    The court upheld the preliminary injunction in the class action lawsuit, ordering the government to provide a bond hearing to individuals who have been mandatorily detained in southern California for more than six months. (Rodriguez v. Robbins, 4/16/13) AILA Doc. No. 13043048.
    AILA Doc. No. 13043048.
  • CA9 on Standard of Review in Citizenship Cases(631 KB - 4/30/2013)
    The court held it is not required to do a de novo review in citizenship cases, and that the district court’s finding that the petitioner is not a U.S. citizen is not clearly erroneous under a “clear and convincing” standard of proof. (Mondaca-Vega v. Holder, 4/25/13) AILA Doc. No. 13043047.
    AILA Doc. No. 13043047.
  • CA9 Holds Petitioner is Barred from Seeking Cancellation of Removal(465 KB - 4/26/2013)
    The court held that the petitioner could not apply for cancellation of removal because he had already applied for and received cancellation of removal under NACARA in 2003, and so he was ineligible for later relief under §240A. (Sejdini v. Holder, 4/19/13) AILA Doc. No. 13042660.
    AILA Doc. No. 13042660.
  • CA9 Upholds Constitutionality of INA § 101(f)(7)(76 KB - 4/16/2013)
    The court upheld the constitutionality of INA § 101(f)(7), noting that there are plausible reasons for its conclusive presumption that an individual lacks good moral character based on a period of incarceration. (Romero-Ochoa v. Holder, 4/10/13). AILA Doc. No. 13041610.
    AILA Doc. No. 13041610.
  • CA9 Vacates BIA Determination on “Particularly Serious Crime”(128 KB - 4/16/2013)
    The court remanded the case, holding that INA §241(b)(3)(B)(iv) establishes only one category of “per se” particularly serious crimes and requires DHS to conduct a case-by-case analysis of convictions falling outside this category. (Blandino-Medina v. Holder, 4/10/13). AILA Doc. No. 13041608
    AILA Doc. No. 13041608.
  • CA9 Upholds Denial of Relief to Petitioner Who Practiced Da Zang Gong(99 KB - 4/16/2013)
    The court upheld the BIA’s denial of asylum to the Chinese petitioner who asserted a fear of persecution on account of his practice of Da Zang Gong, finding there was substantial evidence supporting the IJ’s adverse credibility determination. (Cui v. Holder, 4/10/13). AILA Doc. No. 13041609.
    AILA Doc. No. 13041609.
  • CA9 Holds California Conviction for Assault with a Deadly Weapon is CIMT(546 KB - 4/9/2013)
    The court found that the petitioner’s conviction for assault with a deadly weapon, in violation of California Penal Code §245(a)(1), is a crime involving moral turpitude. (Ceron v. Holder, 4/2/13) AILA Doc. No. 13040958.
    AILA Doc. No. 13040958.
  • CA9 Holds Petitioner Not Eligible for Continuous Presence Exception(499 KB - 4/9/2013)
    The court held that the petitioner was not eligible for cancellation of removal because he did not qualify for the continuous physical presence exception available to noncitizens who served in active duty in the U.S. Armed Forces. (Lim v. Holder, 3/26/13) AILA Doc. No. 13040956.
    AILA Doc. No. 13040956.
  • CA9 Affirms Dismissal of Case Alleging Misallocation of EB-3 Visa Numbers(549 KB - 3/28/2013)
    The court affirmed the dismissal of the complaint alleging misallocation of immigrant visas in the EB-3 category during FY2008-09. Judge Reinhardt concurred, but noted the significance of the problems with the U.S. immigrant visa system. (Li v. Kerry, 3/20/13) AILA Doc. No. 13032841.
    AILA Doc. No. 13032841.
  • CA9 Strikes Down BIA Blanket Rule Against Nunc Pro Tunc Adoption Decrees(554 KB - 3/26/2013)
    The court held that the BIA’s blanket rule against giving effect to state court adoption decrees entered nunc pro tunc after a child turned 16 constitutes an impermissible construction of INA §101(b)(1)(E). (Amponsah v. Holder, 3/22/13) AILA Doc. No. 13032651.
    AILA Doc. No. 13032651.
  • CA9 Holds CA Conviction for Misdemeanor Sexual Battery is CIMT(488 KB - 3/14/2013)
    The court held that there was no realistic probability that California would apply CA Penal Code §243.4(e), misdemeanor sexual battery, to conduct that is not morally turpitudinous. (Gonzalez-Cervantes v. Holder, 3/8/13). AILA Doc. No. 13031451.
    AILA Doc. No. 13031451.
  • CA9 Holds Government Needs Reasonable Suspicion to Search Laptop at Border(673 KB - 3/13/2013)
    The en banc court held that the forensic examination of the criminal defendant’s computer required a showing of reasonable suspicion under the Fourth Amendment. (United States v. Cotterman, 3/8/13) AILA Doc. No. 13031347.
    AILA Doc. No. 13031347.
  • CA9 On Illegal Reentry Under INA §241(a)(5)(453 KB - 3/4/2013)
    The court held the petitioner’s last entry to the U.S., in which he showed officials his invalid registration card and they allowed him to enter, met the illegal reentry requirement in §241(a)(5) despite being procedurally regular. (Tamayo-Tamayo v. Holder, 2/28/13) AILA Doc. No. 13030454.
    AILA Doc. No. 13030454.
  • CA9 Upholds BIA’s Adverse Determination on Extraordinary Circumstances(516 KB - 2/25/2013)
    The court held the asylum application was time-barred, and found the primary reasons the petitioner delayed filing her application were lack of money and inability to speak English, and not the psychiatric problems she suffered. (Gasparyan v. Holder, 2/20/13) AILA Doc. No. 13022567.
    AILA Doc. No. 13022567.
  • CA9 Remands Asylum Case on Social Visibility Requirement(588 KB - 2/19/2013)
    In an en banc decision, the court held that the BIA misapplied its own precedent on social group membership when it denied petitioner’s asylum claim because of a lack of “social visibility.” (Henriquez-Rivas v. Holder, 2/13/13) AILA Doc. No. 13021952.
    AILA Doc. No. 13021952.
  • CA9 Remands Case to Allow Petitioner to File Cancellation Application(468 KB - 2/8/2013)
    The court held that the BIA erred in finding that the petitioner did not comply with Lozada in his ineffective assistance of counsel claim, noting it does not require a specific type of submission to prove a bar complaint was filed. (Correa-Rivera v. Holder, 2/6/13) AILA Doc. No. 12020850.
    AILA Doc. No. 12020850.
  • CA9 Denies Adjustment Where Record on Drug Conviction Is Inconclusive(488 KB - 2/8/2013)
    The court held that the petitioner is ineligible for adjustment due to a 1997 conviction for possession of marijuana for sale, finding the record was unclear as to whether the state court changed his conviction to simple possession. (Lopez-Vasquez v. Holder, 2/1/13) AILA Doc. No. 13020849.
    AILA Doc. No. 13020849.
  • CA9 Holds California Conviction for False Imprisonment is an Aggravated Felony(460 KB - 2/1/2013)
    The court held that a conviction under California Penal Code §210.5 for false imprisonment is a categorical crime of violence because it involves a substantial risk that force may be used. (Barragan-Lopez v. Holder, 1/29/13)
    AILA Doc. No. 13020151.
  • CA9 Issues Third Opinion in Case on Unlawful Presence and the Permanent Bar (Updated 1/31/13)(1005 KB - 1/31/2013)
    The court removed language permitting the accrual of pre-IIRIRA unlawful presence, denied relief under 212(a)(9)(C)(i)(II), and held that the application of Torres-Garcia to Petitioner was not impermissibly retroactive. (Carrillo de Palacios v. Holder, 1/28/13) AILA Doc. No. 11062362.
    AILA Doc. No. 11062362.
  • CA9 on Resisting Arrest as a Particularly Serious Crime(559 KB - 1/24/2013)
    The court remanded the case, holding that the BIA did not adequately explain its conclusion that the petitioner’s California conviction for resisting arrest constituted a particularly serious crime. (Alphonsus v. Holder, 1/18/13) AILA Doc. No. 13012448.
    AILA Doc. No. 13012448.
  • CA9 Holds California Conviction for Simple Kidnapping Not Categorically a CIMT(515 KB - 1/14/2013)
    The court held that simple kidnapping under CPC §207(a) is not categorically a CIMT because it does not involve any elements of a CIMT and California courts have applied the statutes to conduct that is not morally turpitudinous. (Castrijon-Garcia v. Holder, 1/9/13) AILA Doc. No. 13011442.
    AILA Doc. No. 13011442.
  • CA9 Says IJ May Consider Criminal Act without Conviction in Denying Voluntary Departure(498 KB - 1/3/2013)
    The court held that evidence of bad character is relevant to the IJ’s discretionary decision regarding voluntary departure and upheld the denial where Petitioner admitted to sexual conduct with a minor, even though he was not convicted. (Rojas v. Holder, 12/28/12) AILA Doc. No. 13010344.
    AILA Doc. No. 13010344.
  • CA9 Upholds IJ’s Finding that Passenger in Car Engaged in Smuggling(504 KB - 1/3/2013)
    The court distinguished Aguilar Gonzalez, finding that Petitioner was more than a passive participant in the attempted smuggling of a friend’s daughter, but rather knowingly participated in and aided the attempted entry. (Sanchez v. Holder, 12/26/12) AILA Doc. No. 13010343.
    AILA Doc. No. 13010343.
  • CA9 Discusses “Alternative Means of Immigrating” as a Hardship Factor(559 KB - 1/2/2013)
    The court held that the BIA erred as a matter of law by considering Petitioner’s alternative means of immigrating to the U.S. at an undefined point in the future as a factor that necessarily undercuts her claim of hardship. (Arteaga-De Alvarez v. Holder, 12/26/12)
    AILA Doc. No. 13010248.