LexisNexis® Legal Newsroom
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 CIMT: Duran v. Lynch

Duran v. Lynch, Jan. 20, 2017 - "This immigration case turns on whether California Penal Code section 136.1(a),California’s witness tampering statute, is a categorical crime involving moral turpitude. ... We grant the petition with respect to Duran’s application for cancellation of removal...

CA9 on Categorical AggFel - Sandoval v. Yates

Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). Oregon law permits conviction for delivery under this statute based on mere solicitation. Because the Controlled Substances Act does not punish soliciting...

CA9 Amends ADAC v. Brewer (Ariz. Driver Licenses, DACA)

ADAC v. Brewer, Feb. 2, 2017 - "The court’s opinion filed on April 5, 2016, appearing at 818 F.3d 901 (9th Cir. 2016), is hereby amended. An amended opinion, including a concurrence by Judge Berzon, is filed herewith."

Live Stream CA9 Oral Argument, Wa. & Minn. v. Trump, Tues., Feb. 7, 2017, 3:00 P.M. PST (Audio Only)

CA9, Feb. 6, 2017 - "The live audio stream can be accessed on the court’s public web site at the bottom of the page under the subheading “Live Streaming Oral Arguments,” or from the “Cases of Interest Page” nearer the top through the following link: http://www.ca9...

CA9 on Right to Counsel: U.S. v. Peralta-Sanchez

U.S. v. Peralta-Sanchez, Feb. 7, 2017 Opinion by Judge Bybee - "Peralta had no Fifth Amendment due process right to counsel in the expedited removal proceeding under § 1225, and he cannot demonstrate prejudice resulting from the failure to notify him of the right to withdraw his application...

More Tech Giants Join Amicus Brief Against Trump Refugee/Travel Ban

Check this 9th Cir. web page daily. Feb. 7, 2017 activity below: 02/07/2017 GoDaddy, Inc. Letter Joining Technology Companies amicus motion and brief 02/07/2017 OneLogin, Inc. Letter Joining Technology Companies amicus motion and brief 02/07/2017 Technology Start...

CA9 Keeps Travel Ban TRO In Place; Trump Stay Request Denied (Feb. 9, 2017)

"At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry into the United States of individuals from seven...

CA9 Stays En Banc Review of Wa. & Minn. v. Trump (Feb. 16, 2017)

"The United States has represented to the Court that the President intends to issue a new Executive Order and has urged the Court to “hold its consideration of the case until the President issues the new Order.” The United States has further represented that it will inform the Court...

OIL Files Bogus Stay Request in Flores

Dean Kevin R. Johnson, Feb. 21, 2017 - "For some immigration attorneys, it was an extremely busy Presidents Day weekend. Josh Gerstein of Politico reports that the Trump administration is taking another immigration fight to the U.S. Court of Appeals for the Ninth Circuit. The latest battle is...

CA9 on Adjustment of Status, Admission, TPS: Ramirez v. Brown

Ramirez v. Brown, Mar. 31, 2017 - Court staff summary: "The panel affirmed the district court’s summary judgment in favor of Jesus Ramirez in his action challenging the United States Citizenship and Immigration Service’s decision finding him ineligible to adjust to lawful permanent resident...

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 CIMT - Ramirez-Contreras v. Sessions

Ramirez-Contreras v. Sessions - "California’s Vehicle Code § 2800.2 is not categorically a crime of moral turpitude, and thus, Petitioner is not statutorily ineligible for cancellation of removal. Petition GRANTED." [Hats off to Angelica Navarro Sigala!]

CA9 Strikes Down Trump Travel Ban on Statutory Grounds

Hawaii v. Trump, June 12, 2017 - "We are asked to delineate the statutory and constitutional limits to the President’s power to control immigration in this appeal of the district court’s order preliminarily enjoining two sections of Executive Order 13780 (“EO2” or “the...

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...

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...

CA9 on I-9 Enforcement, $305K Penalty - DLS Precision Fab v. ICE

DLS Precision Fab v. ICE, Aug. 7, 2017 - Court staff summary: "The panel granted in part and denied in part DLS Precision Fab LLC’s petition for review of an administrative law judge’s (“ALJ”) decision finding DLS liable for 504 violations of 8 U.S.C. § 1324a,...

CA9 on CIMT, 237(a)(2); Matter of Cortez Canales Rejected: Lozano-Arredondo II

Lozano-Arredondo v. Sessions, Aug. 8, 2017 - "Jose Guadalupe Lozano-Arredondo was denied cancellation of removal based on his conviction for petit theft in the State of Idaho. The Board of Immigration Appeals (BIA) concluded he was ineligible for cancellation because this conviction qualified as...

CA9 on Mental Competency, Procedural Safeguards - Campos Mejia v. Sessions

Campos-Mejia v. Sessions, Aug. 29, 2017 - "On review, the BIA noted that Petitioner suffers from serious mental illness and “was feeling unwell without his medication” during the proceedings before the IJ. Nonetheless, the BIA concluded that remand was not warranted because certain procedural...

CA9 on Egregious 4th Amendment Violation: Sanchez v. Sessions

Sanchez v. Sessions, Aug. 30, 2017 - "We grant Sanchez’s Petition for Review. We conclude that the Coast Guard officers committed an egregious Fourth Amendment violation and violated an immigration regulation because they seized Sanchez based on his Latino ethnicity alone. Thus, we hold that...

CA9 on Travel Ban: Hawaii v. Trump (Sept. 7, 2017)

Hawaii v. Trump, Sept. 7, 2017 - "We are asked to review the district court’s modified preliminary injunction, which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins...

Is the 'Encourage or Induce' Statute Unconstitutional?

Sept. 19, 2017: In a pending appeal of a federal criminal prosecution, USA v. Sineneng-Smith , a panel of the U.S. Court of Appeals for the Ninth Circuit asked amici to brief the following questions regarding 8 U.S.C. § 1324(a)(1)(A)(iv) " - 1. Whether the statute of conviction is overbroad...

CA9 on Departure as Waiver of Right to Appeal: Chavez-Garcia v. Sessions

Chavez-Garcia v. Sessions - "We grant ChavezGarcia’s petition for review because his departure from the United States, without more, does not provide clear and convincing evidence of a “considered” and “intelligent” waiver of the right to appeal." [Hats off...

CA9 Affirms Hernandez v. Sessions Class Action Injunction (Unreasonable Immigration Bonds)

Hernandez v. Sessions, Oct. 2, 2017 - "In the present case, the government appeals from the district court’s order entering a class-wide preliminary injunction in favor of Plaintiffs, a class of non-citizens in removal proceedings who are detained under 8 U.S.C. § 1226(a) in the Central...

CA9 on 'Wave Through' as Admission 'In Any Status' - Saldivar v. Sessions

Saldivar v. Sessions, Nov. 7, 2017 - "Saldivar was “admitted” in 1993 when he was waved across the border after inspection by an immigration officer. Therefore, we must address only whether this “admission” was “in any status.” Because the phrase “in any...