LexisNexis® Legal Newsroom
CA9 on Departure Bars, MTRs: Toor v. Lynch

"[C]onsistent with every other circuit that has addressed it, we hold the regulatory departure bar invalid irrespective of how the noncitizen departed the United States." - Toor v. Lynch, June 17, 2015 . [Hats off to Marie L. Kayal!]

CA9 on Deportation Hearing Due Process: USA v. Guzman-Ibarez

"When the proceedings against Guzman commenced, consideration for waiver of deportation pursuant to 8 U.S.C. § 1182(c) (1995) (INA § 212(c)) was available. However, the AEDPA was enacted a few months later and under its provisions § 1182(c) was amended to entirely eliminate the phrase...

CA9 on IAC, Coram Nobis, Padilla, Teague: USA v. Chan

"Appellant Maureen Elaine Chan, a/k/a Maureen Ridley (“Chan”), appeals the district court’s dismissal of her petition for a writ of error coram nobis. This case requires us to determine the retroactivity of our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir. 2005...

DLA Piper: 9th Circuit Joins Majority Of Circuits To Lower Barrier For Whistleblowers In False Claims Act Lawsuits

By Todd C. Toral and Greg Young The U.S. Court of Appeals for the Ninth Circuit, in a case likely heralding an increase in the number of qui tam False Claims Act lawsuits, has abrogated prior precedent and lowered the jurisdictional bar for whistleblowers in FCA cases. Repudiating 23 years of precedent...

CA9 on Drug Paraphernalia, Modified Categorical Approach: Madrigal-Barcenas v. Lynch

Court Staff Summary : "On remand from the United States Supreme Court, the panel granted Pedro Madrigal-Barcenas’ petition for review of the Board of Immigration Appeals’ decision finding him inadmissible on the ground that his Nevada state law conviction for possessing drug paraphernalia...

CA9 on Padilla: USA v. Rodriguez-Vega

Court Staff Summary - "Vacating a conviction of misdemeanor attempted transportation of illegal aliens, the panel held that the district court erred in failing to hold, upon a petition under 28 U.S.C. § 2255, that defendant’s counsel was ineffective in failing to advise her that her plea...

CA9 on Cal. Theft Offense, Agg. Fel. - Lopez-Valencia v. Lynch

"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not a “theft offense” as defined by 8 U.S...

Ballard Spahr LLP: 2 Federal Circuit Courts Weigh In Ahead Of Gomez

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez , two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v. First Index, Inc. [ enhanced opinion available to lexis.com subscribers | Lexis...

CA9 on Jurisdiction: Garcia v. Lynch

"We hold that 8 U.S.C. § 1252(a)(2)(C) does not bar review over the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent from the conviction that triggers the statutory bar." - Garcia v. Lynch, Aug. 18, 2015 .

CA9 on Ineffective Assistance of Counsel, Equitable Tolling: Salazar-Gonzalez v. Lynch

"Sometimes, it is difficult to distinguish between a client’s bad luck and a lawyer’s bad advice. Risk is an inherent part of litigation, and lawyers must weigh countless probabilities when advising their clients on what claims to pursue, motions to file, and arguments to raise. This...

CA9 on Briones, Retroactivity, Adjustment of Status: Acosta-Olivarria v. Lynch

"In Garfias-Rodriguez v. Holder, 702 F.3d 504 (9th Cir. 2012) (en banc), we reserved the question whether a noncitizen applying for adjustment of immigration status could reasonably rely on an opinion of this court during a period in which the Board of Immigration Appeals (“BIA”) had...

USA to CA9: Let DREAMers Drive - (links updated)

Howard Fischer, Capitol Media Services, Aug. 28, 2015 - "The Obama administration late Friday urged federal judges to spurn efforts by Arizona to once again deny licenses to drive to “Dreamers.” Assistant Attorney General Lindsey Powell said federal law allows the Department of...

Norton Rose Fulbright: CA Supreme Court Won’t Respond To Question From 9th Circuit On Privacy Law For Credit Card Customers

By Lauren Shoor In addition to refusing to hear an appeal in Harrold v. Levi Strauss & Co. , which we previously posted about, the California Supreme Court also declined to respond to a question the Ninth Circuit in Davis v. Devanlay Retail Group, Inc. certified to the Court, seeking clarification...

CA9 on Categorical Approach, CAT: Quijada-Aguilar v. Lynch

Court Staff Summary : "The panel granted Walter Quijada-Aguilar’s petition for review of the Board of Immigration Appeals’ denial of his applications for withholding of removal under the Immigration and Nationality Act and the Convention Against Torture (CAT), as well as deferral...

CA9 on CAT, Mexico, Transgender: Avendano-Hernandez v. Lynch

"The immigration judge (“IJ”) and the BIA erred ... in denying her application for CAT relief, ironically exhibiting some of the same misconceptions about the transgender community that Avendano-Hernandez faced in her home country. The IJ failed to recognize the difference between gender...

CA9 on Clear Error: Zumel v. Lynch

"Assuming that intent under § 1182(a)(3)(B)(iii)(V)(b) is a factual question, the BIA here erred in failing to apply the clear error standard of review to the IJ’s resolution of the intent issue. ... Because the BIA did not acknowledge the proper standard of review, ignored facts found...

CA9 on Aggravated Felony: Chavez-Solis v. Lynch

"We are asked to decide whether a conviction for possessing child pornography in violation of California Penal Code § 311.11(a) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(I). We conclude that § 311.11(a) sweeps in a broader range of pornographic depictions than the federal...

CA9 on Crime of Violence - INA Sec. 101(a)(43)(F) Void for Vagueness: Dimaya v. Lynch

"Petitioner James Garcia Dimaya seeks review of the Board of Immigration Appeals’ (BIA) determination that a conviction for burglary under California Penal Code Section 459 is categorically a “crime of violence” as defined by 8 U.S.C. § 1101(a)(43)(F), a determination which...

CA9 on Indefinite Detention: Rodriguez v. Robbins ("Rodriguez III")

"This is the latest decision in our decade-long examination of civil, i.e. non-punitive and merely preventative, detention in the immigration context. As we noted in our prior decision in this case, Rodriguez v. Robbins (Rodriguez II), 715 F.3d 1127 (9th Cir. 2013), thousands of immigrants to the...

CA9 on Social Group: Flores-Rios v. Lynch

Flores-Rios v. Lynch, Dec. 1, 2015 - "Because few groups are more “readily identifiable than the family,” the BIA’s determination that the petitioner had not shown membership in a particular social group “was manifestly contrary to law.” ... In the face of Flores-Rios’s...

En Banc CA9 on Burden of Proof, Citizenship: Mondaca-Vega III

Is the 84-year-old petitioner a native-born U.S. citizen or a deportable Mexican? A deeply-divided en banc court denied the petition for review. Mondaca-Vega III, Dec. 15, 2015 .

CA9 on Due Process, U Visas, Crimmigration - USA v. Cisneros-Rodriguez

USA v. Cisneros-Rodriguez, Dec. 23, 2015 - "Xochitl Cisneros-Rodriguez (“Cisneros”), an undocumented alien, was convicted in 2009 of violating California narcotics laws and was subsequently placed in administrative removal proceedings. She was told by the Immigration and Customs Enforcement...

CA9, En Banc, on CIMT - Almanza-Arenas v. Lynch

Almanza-Arenas v. Lynch, Dec. 28, 2015 Court Staff Summary: "The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009) , which held that...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...

CA9 on FFOA: Villavicencio-Rojas v. Lynch

Villavicencio-Rojas v. Lynch, Feb. 2, 1016 - "The IJ erred in concluding Villavicencio’s two counts of drug possession would bar him from first-offender treatment under the FFOA. We hold the two counts amount to a single “offense” under the FFOA because they arose out of a single...