LexisNexis® Legal Newsroom
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...

CA9 on DACA, Mandamus, Administrative Record: Trump v. U.S. District Court

Trump v. U.S. District Court, Nov. 16, 2017 - "Several sets of plaintiffs sued to enjoin the rescission of DACA under the Administrative Procedure Act (“APA”) and under various constitutional theories not relevant here. ... The government asks us to permanently stay the district court’s...

CA9 on Asylum, China, Political Opinion: Song v. Sessions

Song v. Sessions, Dec. 18, 2017 - "Xinbing Song, a Chinese citizen, petitions for review of the Immigration Judge’s (“IJ”) and Board of Immigration Appeals’s (“BIA”) denial of his application for asylum, withholding of removal, and protection under the Convention...

CA9 on Competence Evaluations: Calderon v. Sessions

Calderon v. Sessions, Jan. 3, 2018 - Court Staff Summary: "The panel granted Henri Calderon-Rodriguez’s petition for review of the Board of Immigration Appeals’ decision, concluding that the Board in two related ways abused its discretion in affirming the IJ’s competence evaluation...

CA9 on Indivisible Statutes: Villavicencio v. Sessions

Villavicencio v. Sessions, Jan. 5, 2018 - "Villavicencio was not removable under 8 USC § 1227(a)(2)(B)(i). N.R.S. §§ 199.480 and 454.351 are both overbroad. N.R.S. § 199.480 criminalizes a broader range of conduct than is described in the generic definition of conspiracy, and...

CA9 Orders ICE to Bring Back Mexican Asylum Applicant to US - Mandamus Writ Granted!

Rekha Sharma-Crawford writes: "This case involved the [published] en banc decision in http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/08/13-72682.pdf . [Bringas-Rodriguez v. Sessions] After the remand, DHS deported him 3 days before Christmas on an in absentia order resulting from a hearing...

CA9 on Jurisdiction, Brand X, Naturalization: Yith v. Nielsen

Yith v. Nielsen, Feb. 7, 2018 - "Seanlim and Seak Leang Yith appeal from the district court’s dismissal of their complaint requesting adjudication of their naturalization applications pursuant to 8 U.S.C. § 1447(b). Relying on 8 U.S.C. § 1429, the district court concluded that the...

CA9 on CSPA, Calculation of Age: Rodriguez Tovar v. Sessions

Rodriguez Tovar v. Sessions - "This case illustrates the dangers of reading statutory provisions in isolation. The question before us is whether Margarito Rodriguez Tovar, a child of a lawful permanent resident (LPR) who was deemed by statute to be a minor child until the very day his father naturalized...

CA9 on REAL ID, Credibility: Dai v. Sessions

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The Board of Immigration Appeals (BIA) nevertheless found...

DACA is Legal; Here's Why

Immigration law scholars filed this powerful amicus brief in a pending 9th Circuit appeal, Regents of the Univ. of Cal. v. DHS.

CA9 on CIMT, Retroactivity - Garcia-Martinez v. Sessions

Garcia-Martinez v. Sessions "Perhaps the BIA slumbered for many decades while other authorities were wisely updating the law so that theft offenses would net individuals other than those who intended to literally permanently deprive others of their property, although some of the BIA’s umbrageous...

Marinelarena v. Sessions Update

CA9, Mar. 29, 2018 - "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion [869 F.3d 780 (9th Cir. 2017)] shall not be cited as precedent...

CA9 on Motions to Reopen - Miller v. Sessions (May 8, 2018)

Miller v. Sessions (May 8, 2018) - "The question presented in this case is what happens when ... two statutory provisions collide? If DHS reinstates a removal order that was entered in absentia, can the noncitizen still file a motion to reopen under § 1229a(b)(5)(C)(ii) “at any time”...

CA9: Cornejo-Villagrana Withdrawn, Panel Reh. Granted

CA9, May 30, 2018 - "Petitioner’s petition for panel rehearing is GRANTED and the opinion filed September 14, 2017 [ Cornejo-Villagrana v. Sessions, 870 F.3d 1099, 2017 U.S. App. LEXIS 17895 ] is WITHDRAWN. The petition for rehearing en banc is denied as moot. Submission is vacated pending...