LexisNexis® Legal Newsroom
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...

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."

See Up-To-The-Minute Case Developments: Wa. & Minn. v. Trump (CA9 - Updated)

The Ninth Circuit has a dedicated web page for this case. Here are the latest filings: 02/06/2017 Link to oral argument live stream 02/06/2017 Order clarifying live streaming oral argument 02/06/2017 Order re live streaming argument 02/06/2017 Anti-Defamation...

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...

Ninth Circuit Travel Ban Order May...Or May Not...Go En Banc (Feb. 10, 2017)

Ninth Circuit, Feb. 10, 2017 - "A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017 , should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to...

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...