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CA9 on CAT, Nigeria, collateral estoppel: Oyeniran v. Holder

"Petitioner Daniel O. Oyeniran (“Oyeniran”), a citizen of Nigeria, seeks review of decisions by the Board of Immigration Appeals (“BIA”) to deny him protection under the Convention Against Torture (“CAT”) and to deny his motion to reopen the case to consider new...

CA9 on Social Group, CAT: Cordoba v. Holder; Medina Gonzalez v. Holder

Court staff summary: "The panel granted the petitions for review of Edgar Rene Cordoba and Antonio Medina-Gonzalez from the Board of Immigration Appeals’ decisions denying asylum and withholding of removal on the grounds that their status as landowners did not qualify as a particular social...

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 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 CAT, Internal Relocation: Maldonado v. Holder (En Banc)

Court Staff Summary: "The en banc court overruled Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004), Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008), Singh v. Gonzales, 439 F.3d 1100 (9th Cir. 2006), and Perez-Ramirez v. Holder, 648 F.3d 953 (9th Cir. 2011), to the extent they conflict...

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 Withholding, CAT, El Salvador: Reyes v. Lynch

Reyes v. Lynch, Nov. 30, 2016 - Court staff summary: "Granting in part and denying in part a petition for review of the Board of Immigration Appeals’ decision affirming the denial of withholding of removal and protection under the Convention Against Torture, the panel afforded Chevron deference...

CA9 on CAT, Mexico: Barajas-Romero v. Lynch

Barajas-Romero v. Lynch, Jan. 18, 2017 - "We hold that “a reason” is a less demanding standard than “one central reason.” The statutory language is unambiguously different, with different meanings, so there is no ambiguity justifying deference to the administrative agency’s...

CA9 on CAT, Ethiopia, Evidence: Agonafer v. Sessions

Agonafer v. Sessions, June 23, 2017 - "[T]he BIA abused its discretion by disregarding or discrediting the undisputed new evidence submitted by Agonafer regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens. Therefore...