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...

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

"The government has failed to carry its burden to show by clear and convincing evidence that Medina has been convicted of an aggravated felony or a controlled substance offense. Similarly, Supreme Court case law issued subsequent to the agency action reviewed here has foreclosed on the government’s...

CA9 on Right to Notice: Velasquez-Escovar v. Holder

"At the outset of her removal proceedings, Odilia de Jesus Velasquez-Escovar gave immigration officials her current address in Los Angeles. But those officials did not properly record it. Instead, they recorded another outdated address and then sent Velasquez’s hearing notice there. Velasquez...

Norton Rose Fulbright: Pom Wonderful Ditches Appeal Of State Law Preemption Ruling

By Stephanie Stroup On September 22, 2014, the Ninth Circuit approved Pom Wonderful’s request to drop its appeal of U.S. District Judge S. James Otero’s February 2013 order holding that Pom’s UCL and FAL false advertising claims are preempted by the federal Food Drug and Cosmetics...

CA9 on Chevron, NACARA: Aragon-Salazar v. Holder

"Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his application for special rule cancellation of removal under the Nicaraguan Adjustment and...

9th Circuit Strikes Down Arizona’s Proposition 100, A Constitutional Amendment Denying Bail To Undocumented Immigrants

Arizona’s Proposition 100, which mandates that bail be denied for serious felony offenses as prescribed by the state legislature, if the person charged has entered or remained in the United States without documentation, was struck down on October 15, 2014, by the United States Court of Appeals...

Norton Rose Fulbright: Purchase One Product, Sue For Them All?

By Julie Glazer An emerging trend in consumer product class actions is for a class representative to bring claims for entire lines of products, despite only purchasing one of the products. Although traditional principles of standing seem to dictate the death of this argument, more and more courts...

DHS: Arizona Solicitation Statute Not Divisible, Not a CIMT

Laura Murray-Tjan writes: "I appealed pretermission of a non-LPR cancellation of removal claim to the Ninth Circuit, arguing that (1) the client's Arizona solicitation conviction can't be a CIMT ground of inadmissibility, as the agency had held; and (2) the underlying offense isn't a...

CA9 on Kenya, Evidence, Confidentiality, Authentication: Owino II

"... Owino petitioned for review and we granted the petition. Owino v. Holder , 575 F.3d 956 (9th Cir. 2009) (per curiam). ... The BIA dismissed Owino’s appeal on April 23, 2012. It affirmed the IJ’s denial of Owino’s motion to admit additional evidence, reasoning that Owino had...

CA9 Upholds Matter of Leal (Categorical CIMT)

Court Staff Summary: "The panel denied Edgar Leal’s petition for review of the three-judge published Board of Immigration Appeals’ decision, Matter of Leal , 26 I. & N. Dec. 20 (BIA 2012), which held that Leal’s conviction for felony endangerment, in violation of Arizona Revised...

CA9 Overturns Almanza-Arenas (CIMT, Inconclusive Record; Young v. Holder abrogated in part)

Court Staff Summary: "The panel granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published decision, Matter of Almanza-Arenas , 24 I. & N. Dec. 771 (BIA 2009), which held that a California state law conviction for vehicle theft constitutes...

CA9 on Due Process, Expedited Removal: USA v. Raya-Vaca

"Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326. In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings...

CA9 on Adjustment, Reopening: Singh v. Holder

"For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application before United States Citizenship and Immigration...

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273...

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary...

CA9 on Finality, Jurisdiction: Abdisalan v. Holder

"When does an order of removal become “final” for the purpose of seeking judicial review? Panels of our court have reached varying conclusions, creating unnecessary confusion as to the timeliness of petitions for review and our jurisdiction to entertain them. We reheard this matter en...