LexisNexis® Legal Newsroom
CA9 on Hardship, Jurisdiction: Arteaga-De Alvarez v. Holder

"Petitioner Laura Arteaga de Alvarez (“Arteaga”) is an undocumented Mexican national. She is married to a legal permanent resident, who obtained that status after being granted cancellation of removal in 2003, shortly before the couple married. They have three children who are all United...

CA9 on Jurisdiction: Euceda Hernandez v. Holder

Court staff summary: "The panel granted Jose Miguel Euceda Hernandez’s petition for review of the Board of Immigration Appeals’ dismissal of his motion to reopen for lack of jurisdiction pursuant to its “place-of-filing” rule. The panel held that the Board’s interpretation...

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...

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 Jurisdiction, Venue: Bibiano v. Lynch

Bibiano v. Lynch, Aug. 19, 2016 - "We have subject matter jurisdiction over final orders of removal. 8 U.S.C. § 1252(a)(1). It has been an open question in this circuit whether a venue defect under 8 U.S.C. § 1252(b)(2)—which specifies that proper venue exists in the circuit where...

CA9 on Jurisdiction: J.E. F.M v. Lynch

J.E. F.M. v. Lynch, Sept. 20, 2016 - "This interlocutory appeal requires us to answer a single question: does a district court have jurisdiction over a claim that indigent minor immigrants without counsel have a right to government-appointed counsel in removal proceedings? Our answer to this jurisdictional...

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution because she had been targeted for extortion,...

CA9 on Jurisdiction ("A Trap for the Unwary") - Martinez v. Sessions

Martinez v. Sessions, July 20, 2017 - "In this case, a removed alien challenges a reinstated removal order by claiming that he has a reasonable fear of being persecuted in his home country of El Salvador. An asylum officer interviewed the alien and issued a negative reasonable fear determination...