CA9 on Velarde, Public Charge: Tadevosyan v. Holder

"We therefore conclude that the BIA abused its discretion by improperly relying on a de facto DHS veto as dispositive of Tadevosyan’s motion to reopen. ... Abrahamian’s affidavit was sufficient to make the prima facie showing required when the BIA considers a motion to reopen. Had the...

CA9 on CIMT, False Imprisonment: Turijan v. Holder

"Rodrigo Montiel Turijan petitions for review of a final decision of the Board of Immigration Appeals (“BIA”). The issue on appeal is whether felony false imprisonment under California Penal Code (“CPC”) §§ 236 and 237 is a categorical crime involving moral turpitude...

CA9 En Banc on CIMT, Categorical Approach, CPC § 245(a)(1): Ceron v. Holder

Court Staff Summary : "The en banc court granted Ruben Adolfo Ceron’s petition for review of the Board of Immigration Appeals’ decision finding that his conviction for assault with a deadly weapon other than a firearm, in violation of California Penal Code § 245(a)(1), is a categorical...

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims

Last week, the Third Circuit issued a precedential decision holding that the federal common law standard for successor liability is applicable to claims brought under the Fair Labor Standards Act [ enhanced opinion available to lexis.com subscribers ]. The plaintiff filed a class and collective action...

Supreme Court declines to revive Arizona immigration law

"The Supreme Court on Monday declined to revive a provision in an Arizona law that sought to criminalize the harboring and transportation of illegal immigrants. The court's decision not to hear the state's appeal leaves intact an October 2013 ruling by the 9th U.S. Circuit Court of Appeals...

CA9 on Acquired Citizenship, Modified Categorical Approach: Ragasa v. Holder

Court staff summary: "The panel granted Crisanto Ragasa’s petition for review of the Board of Immigration Appeals’ decision finding that he did not establish United States citizenship by adoption, and that he was removable because of his Hawaii state court drug conviction. The panel...

Law Profs Weigh In on Consular Non-Reviewability Lawsuit: Cardenas v. USA

"This brief is submitted to help the court understand the origins, nature, and limits of the so-called doctrine of consular non-reviewability. ... The doctrine of consular non-reviewability has never had a cogent justification. To the contrary, Supreme Court case law allows for significant, if not...

CA9 on Guatemala, Social Group: Pirir-Boc v. Holder

Court staff summary: "The panel granted a petition for review of the Board of Immigration Appeals’ denial of asylum, withholding of removal, and protection under the Convention Against Torture, and remanded for further consideration in light of Henriquez-Rivas v. Holder, 707 F.3d 1081, 1083...

CA9 on Motions to Reopen: Chandra v. Holder

"We join our sister circuits and hold that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 C.F.R. § 1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. ...

AILA Files CA9 Amicus Brief in Consular Non-Reviewability Case

"This brief presents a collection of case examples that AILA has compiled from attorneys whose clients have been denied visas based on decisions untethered to facially legitimate or bona fide reasons. Through these stories, AILA seeks to illustrate that the issues presented in the instant appeal...

CA9 on Credibility, Notice, Evidence: Zhi v. Holder

"Petitioner Ai Jun Zhi, a Chinese citizen, petitions for review of the denial of his application for asylum and withholding of removal. As we explain below, one of the bases for the immigration judge’s (“IJ”) adverse credibility determination is not supported by substantial evidence...

CA9 on India, Changed Conditions: Singh v. Holder

Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion...

CA9 on Moncrieff, Categorical Match: USA v. Aguilera-Rios

"Jorge Aguilera-Rios (“Aguilera”), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that conviction, and, when he returned to the country, tried and convicted of illegal reentry under 8 U.S.C. § 1326. He contends...

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising for one of Coca-Cola’s juice blends...

CA9 on Ineffective Assistance: USA v. Lopez-Chavez

"Brigido Lopez-Chavez challenges his conviction for criminal reentry by making a collateral attack on his underlying removal order. He argues that his attorney in the immigration proceedings provided ineffective assistance of counsel in erroneously conceding his removability, failing to appeal the...

CA9 on DACA, Arizona, Driver Licenses: Arizona Dream Act Coalition v. Brewer

"The federal government has enacted a program called “Deferred Action for Childhood Arrivals” (“DACA”), which authorizes certain immigrants who came to the United States as children, without permission, to remain in the United States. In response, Arizona officials —...

CA9 to Hear En Banc CAT Claim/Internal Relocation Burden of Proof Issue

"The U.S. Court of Appeals for the Ninth Circuit ordered that Maldonado v. Holder be heard en banc. The case was submitted on the briefs in December 2013, then the panel, without issuing a decision, issued this order in April: "Pursuant to General Order 5.4(c)(3), the parties are directed...

CA9 Limits Hernandez-Arias (Admission; IRCA)

"The opinion filed on March 21, 2014 is hereby amended as follows: Following page 12, first full paragraph, the following footnote is appended: 3 Our review in this case is confined to the operation of IRCA and its unique implementing regulations. Our disposition of this case does not contradict...

CA9 on CAT, Vietnam: Nguyen v. Holder

"Vinh Tan Nguyen (“Nguyen”), a native and citizen of Vietnam, petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an order of removal entered by an Immigration Judge (“IJ”). Nguyen argues, inter alia, that the BIA...

CA9 on Derivative Citizenship: Brown v. Holder

"Mark Brown, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of removal. In the administrative proceedings, Brown argued that he was or should be deemed a United States citizen, because...

CA9 on Descamps, Divisibility: Rendon v. Holder

"In this case, we consider whether a statute written in the disjunctive is divisible in light of the Supreme Court’s decision in Descamps v. United States, 133 S. Ct. 2276 (2013). The statutory text at issue is a different portion of the same statute that the Supreme Court encountered in Descamps...

CA9 on Credibility: Lai v. Holder

"Yongguo Lai, a native and citizen of China, petitions for review of a decision by the Board of Immigration Appeals (BIA). The BIA dismissed Lai’s appeal from an immigration judge’s (IJ) decision denying his application for asylum, withholding of removal and protection under the Convention...

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not bound by the terms’...

CA9 on Burden of Proof, Custody: Medina-Lara v. Holder

"For reasons to be set forth in a disposition which will follow in due course, we grant Medina–Lara’s petition for review because the government did not meet its burden to show that his California convictions constitute predicate offenses for purposes of removability under 8 U.S.C. §...

CA9 on Political Opinion: Singh v. Holder

"Kamalpal Singh, a 51-year-old native and citizen of India, petitions for review from the BIA’s denial of his application for asylum and withholding of removal based on imputed political opinion. Singh entered the United States in 2006 after fleeing egregious physical abuse by the local police...