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Ninth Circuit

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  • 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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