LexisNexis® Legal Newsroom
CA9 on BIA 'Shell Game' - Zhao v. Holder

"Absent some reasoned explanation appropriate to the particular circumstances, the BIA simply cannot shift its proof requirements. To do so is to subject petitioners to an administrative shell game. Therefore, under the circumstances presented by this case, it was contrary to law and an abuse of...

CA9 on Preponderance, Impeachment Evidence: Urooj v. Holder

"In proceedings to terminate a grant of asylum, DHS must establish the grounds for termination by a preponderance of the evidence. 8 C.F.R. § 1208.24(f). The pivotal legal question before this Panel, which we review de novo, is whether DHS can satisfy its burden through impeachment evidence...

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 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 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 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...