LexisNexis® Legal Newsroom
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...