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Ninth Circuit

2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 - 2001 | 2000 - 1999 | 1998 - 1994

  • 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(549 KB - 3/24/2014)
    The court applied the modified categorical approach and held the government satisfied its burden to prove the petitioner was convicted of possessing methamphetamine, a controlled substance under federal law, and the BIA did not err in finding him inadmissible. (Coronado v. Holder, 3/14/14)
    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.