Immigration Law

Recent Posts

CA9 on CIMT: Vasquez-Valle v. Sessions
Posted on 14 Aug 2018 by Daniel M. Kowalski

Vasquez-Valle v. Sessions - "Orlando Vasquez-Valle (“Vasquez-Valle”) is a native and citizen of Mexico. He was convicted of witness tampering in violation of Oregon Revised Statutes § 162.285 and was referred for immigration proceedings... Read More

CA9 on Border Shooting, Bivens, 4th Amendment: Rodriguez v. Swartz
Posted on 7 Aug 2018 by Daniel M. Kowalski

Rodriguez v. Swartz - "A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico. We address whether that agent has qualified immunity and whether he can be sued for violating... Read More

CA9 on 'Crime of Child Abuse' - Alvarez-Cerriteno v. Sessions
Posted on 8 Aug 2018 by Daniel M. Kowalski

Alvarez-Cerriteno v. Sessions - "Today we must determine whether Nevada’s child neglect statute is broader—that is, makes criminal more conduct—than does the federal Immigration and Nationality Act’s (“INA”) generic... Read More

CA9 on China, Asylum, Religious Persecution: Guo v. Sessions
Posted on 31 Jul 2018 by Daniel M. Kowalski

Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims... Read More

DACA is Legal; Here's Why
Posted on 21 Mar 2018 by Daniel M. Kowalski

Immigration law scholars filed this powerful amicus brief in a pending 9th Circuit appeal, Regents of the Univ. of Cal. v. DHS. Read More

Marinelarena v. Sessions Update
Posted on 18 Apr 2018 by Daniel M. Kowalski

CA9, Mar. 29, 2018 - "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion [869 F.3d 780... Read More

CA9 on Competence Evaluations: Calderon v. Sessions
Posted on 3 Jan 2018 by Daniel M. Kowalski

Calderon v. Sessions, Jan. 3, 2018 - Court Staff Summary: "The panel granted Henri Calderon-Rodriguez’s petition for review of the Board of Immigration Appeals’ decision, concluding that the Board in two related ways abused its discretion... Read More

CA9 Orders ICE to Bring Back Mexican Asylum Applicant to US - Mandamus Writ Granted!
Posted on 16 Jan 2018 by Daniel M. Kowalski

Rekha Sharma-Crawford writes: "This case involved the [published] en banc decision in http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/08/13-72682.pdf . [Bringas-Rodriguez v. Sessions] After the remand, DHS deported him 3 days before Christmas... Read More

CA9 on Indivisible Statutes: Villavicencio v. Sessions
Posted on 5 Jan 2018 by Daniel M. Kowalski

Villavicencio v. Sessions, Jan. 5, 2018 - "Villavicencio was not removable under 8 USC § 1227(a)(2)(B)(i). N.R.S. §§ 199.480 and 454.351 are both overbroad. N.R.S. § 199.480 criminalizes a broader range of conduct than is described... Read More

CA9 on Jurisdiction, Brand X, Naturalization: Yith v. Nielsen
Posted on 13 Feb 2018 by Daniel M. Kowalski

Yith v. Nielsen, Feb. 7, 2018 - "Seanlim and Seak Leang Yith appeal from the district court’s dismissal of their complaint requesting adjudication of their naturalization applications pursuant to 8 U.S.C. § 1447(b). Relying on 8 U.S.C... Read More

CA9 on Asylum, China, Political Opinion: Song v. Sessions
Posted on 19 Dec 2017 by Daniel M. Kowalski

Song v. Sessions, Dec. 18, 2017 - "Xinbing Song, a Chinese citizen, petitions for review of the Immigration Judge’s (“IJ”) and Board of Immigration Appeals’s (“BIA”) denial of his application for asylum, withholding... Read More

CA9 on DACA, Mandamus, Administrative Record: Trump v. U.S. District Court
Posted on 20 Nov 2017 by Daniel M. Kowalski

Trump v. U.S. District Court, Nov. 16, 2017 - "Several sets of plaintiffs sued to enjoin the rescission of DACA under the Administrative Procedure Act (“APA”) and under various constitutional theories not relevant here. ... The government... Read More

CA9 on CSPA, Calculation of Age: Rodriguez Tovar v. Sessions
Posted on 1 Mar 2018 by Daniel M. Kowalski

Rodriguez Tovar v. Sessions - "This case illustrates the dangers of reading statutory provisions in isolation. The question before us is whether Margarito Rodriguez Tovar, a child of a lawful permanent resident (LPR) who was deemed by statute to... Read More

CA9: Cornejo-Villagrana Withdrawn, Panel Reh. Granted
Posted on 1 Jun 2018 by Daniel M. Kowalski

CA9, May 30, 2018 - "Petitioner’s petition for panel rehearing is GRANTED and the opinion filed September 14, 2017 [ Cornejo-Villagrana v. Sessions, 870 F.3d 1099, 2017 U.S. App. LEXIS 17895 ] is WITHDRAWN. The petition for rehearing en banc... Read More