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 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...