LexisNexis® Legal Newsroom
CA9 on Reasonable Fear Determinations, Reinstatement, Standard of Review: Andrade-Garcia v. Lynch

Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief under the Convention Against Torture (CAT) from...

CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio

Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity theft laws which prohibit using a false identity...

CA9 on Amending Natz. Certificates - Collins v. USCIS; Teng v. Dist. Dir.

Collins v. USCIS, May 4, 2016 - "This appeal requires us to address a question that has remained unanswered since Congress divested the courts of jurisdiction over the naturalization process in the Immigration Act of 1990: whether the federal courts have jurisdiction to modify naturalization certificates...

CA9 on Credibility: Perez-Arceo v. Lynch

Perez-Arceo v. Lynch, May 12, 2016 - "We grant Antonio’s petition for review. The BIA did not address the IJ’s seemingly inconsistent credibility findings. Nor did the IJ make a finding that Antonio engaged in “an affirmative act of help, assistance, or encouragement” of...

CA9 on Arizona Drug Laws, Categorical Approach: Vera-Valdevinos v. Lynch (unpub.)

BC Law Students Win Momentous Ninth Circuit Victory - "In what one observer is calling “a watershed decision,” the Ninth Circuit Court of Appeals on May 11 granted a petition briefed and argued by BC Law students Jovalin Dedaj ’16 and Cristina Manzano ’16 (pictured). They...

Cyrus D. Mehta on USA v. Olivar: Conspiracy Prior to Naturalization Can Trigger Denaturalization

Cyrus D. Mehta, May 16, 2016 - "One of the advantages of becoming a US citizen is that one is no longer susceptible to being deported from the United States, especially if the person has been convicted of a crime. While being convicted of a crime results in criminal penalties, a US citizen can at...

CA9 on Credibility: Yang v. Lynch (Superseding Opinion)

Yang v. Lynch, May 19, 2016 - "The petition for rehearing is GRANTED. The opinion filed on February 26, 2016, reported at 815 F.3d 1173, is withdrawn. A superseding opinion is filed concurrently with this order. The superseding opinion reflects the following amendments: • 815 F.3d at...

CA9 (2-1) on Affidavit of Support, Household Size: Erler v. Erler

Erler v. Erler, June 8, 2016 - Court staff summary: "The panel vacated the district court’s summary judgment in favor of the defendant in an action to enforce a sponsor’s duty to provide financial support to an immigrant under an “I-864 Affidavit of Support.” The defendant...

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015)(asylum; Mexico) to be reheard en banc

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015) - Nov. 19, 2015 June 14, 2016 - "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...

CA9 on Visa Denials: Cardenas v. U.S.

Cardenas v. U.S., June 21, 2016 - "A consular officer denied the visa application of Rolando Mora-Huerta, a Mexican national, on the ground that he was a “gang associate” who intended to enter the United States to engage in unlawful conduct. See 8 U.S.C. § 1182(a)(3)(A)(ii). This...

Breaking: Flores Settlement Interpreted by Ninth Circuit

Flores v. Lynch, July 6, 2016 - "Although the issues underlying this appeal touch on matters of national importance, our task is straightforward — we must interpret the Settlement. Applying familiar principles of contract interpretation, we conclude that the Settlement unambiguously applies...

Ninth Circuit Panel Urges Feds to Work with Lawyers for Refugee Kids

David Rogers, Politico, July 7, 2016 - "Unhappy with the choices before them, a three-judge federal appeals court panel urged the Justice Department and migrant-rights lawyers to work together more to try to reach some resolution on the question of legal counsel for children before the immigration...

CA9 on Sua Sponte Reopening: Bonilla v. Lynch

Bonilla v. Lynch, July 12, 2016 - "Immigration law changes over time. New statutes are enacted; agency interpretations change; new appellate and Supreme Court decisions issue. Our questions concern how those legal changes affect an individual ordered deported from the United States when, as it turns...

CA9 on Prison Mailbox Rule: Barrientos v. Lynch

Barrientos v. Lynch, July 19, 2016 - "We must determine whether we have jurisdiction over a petition for review of a decision of the Board of Immigration Appeals that our clerk’s office received five days after the deadline for filing. ... [We] conclude that Barrientos’s petition for...

CA9 on GMC, Fraud: Wang v. Rodriguez

Wang v. Rodriguez, July 27, 2016 - "Lifeng Wang, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. § 2320(a). Based on that conviction, U.S. Citizenship and Immigration Services (“USCIS”) denied her application...

CA9 on Indonesia, Changed Conditions: Salim v. Lynch

Salim v. Lynch, Aug. 1, 2016 - "Kurniawan Salim (“Salim”), a native and citizen of Indonesia, petitions for review from the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his asylum and withholding of removal proceedings. Salim is a practicing...

CA9 on Mandatory Detention, 'When...Released' - Preap v. Johnson

Preap v. Johnson, Aug. 4, 2016 - "Under the plain language of 8 U.S.C. § 1226(c), the government may detain without a bond hearing only those criminal aliens it takes into immigration custody promptly upon their release from triggering criminal custody." [The decision is 28 pages long...

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 Remands Matter of Ortega-Lopez (CIMT, Cockfighting)

Ortega-Lopez v. Lynch, Aug. 23, 2016 - "Agustin Ortega-Lopez, a Mexican citizen, contends that his misdemeanor conviction for participating in cockfighting in violation of the Unlawful Animal Venture Prohibition, 7 U.S.C. § 2156(a)(1), does not qualify as a categorical crime involving moral...

CA9 on Credibility: Bhattarai v. Lynch

Bhattarai v. Lynch, Aug. 30, 2016 - "Nishchal Bhattarai petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The BIA upheld the immigration...

Another Blow for Sheriff Joe: Mendiola-Martinez v. Arpaio (CA9)

Mendiola-Martinez v. Arpaio, Sept. 12, 2016 - "We are mindful that the administration of a penal institution is “at best an extraordinarily difficult undertaking.” Hudson, 468 U.S. 517, 527 (1984) (quoting Wolff v. McDonnell, 418 U.S. 539, 566 (1974)). Crafting a restraint policy that...

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 Material Support: Budiono v. Lynch

Budiono v. Lynch, Sept. 21, 2016 - "Budiono, a native of Indonesia, petitions for review of a Board of Immigration Appeals’ (the “Board”) decision affirming the Immigration Judge’s (“IJ”) order of removal. The IJ determined that although Budiono otherwise qualified...

CA9 to Revisit 'Habitual Drunkard / GMC' Case En Banc - Ledezma-Cosino v. Lynch

Ledezma-Cosino v. Lynch, Oct. 12, 2016 - "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 [March 24, 2016] shall not be cited as precedent...

CA9 on Withholding, CAT, El Salvador: Reyes v. Lynch

Reyes v. Lynch, Nov. 30, 2016 - Court staff summary: "Granting in part and denying in part a petition for review of the Board of Immigration Appeals’ decision affirming the denial of withholding of removal and protection under the Convention Against Torture, the panel afforded Chevron deference...