LexisNexis® Legal Newsroom
En Banc CA9 on Burden of Proof, Citizenship: Mondaca-Vega III

Is the 84-year-old petitioner a native-born U.S. citizen or a deportable Mexican? A deeply-divided en banc court denied the petition for review. Mondaca-Vega III, Dec. 15, 2015 .

CA9 on Due Process, U Visas, Crimmigration - USA v. Cisneros-Rodriguez

USA v. Cisneros-Rodriguez, Dec. 23, 2015 - "Xochitl Cisneros-Rodriguez (“Cisneros”), an undocumented alien, was convicted in 2009 of violating California narcotics laws and was subsequently placed in administrative removal proceedings. She was told by the Immigration and Customs Enforcement...

CA9, En Banc, on CIMT - Almanza-Arenas v. Lynch

Almanza-Arenas v. Lynch, Dec. 28, 2015 Court Staff Summary: "The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009) , which held that...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...

CA9 on FFOA: Villavicencio-Rojas v. Lynch

Villavicencio-Rojas v. Lynch, Feb. 2, 1016 - "The IJ erred in concluding Villavicencio’s two counts of drug possession would bar him from first-offender treatment under the FFOA. We hold the two counts amount to a single “offense” under the FFOA because they arose out of a single...

CA9 on CIMT, Perjury, Divisibility: Rosales Rivera v. Lynch

Rosales Rivera v. Lynch, Mar. 10, 2016 - Court Staff Summary: "The panel granted Milton Rosales Rivera’s petition for review of the Board of Immigration Appeals’ denial of cancellation of removal based on its finding that his conviction for perjury under California Penal Code §...

CA9 on CIMT, Identity Theft: Linares-Gonzalez v. Lynch

Linares-Gonzalez v. Lynch, Mar. 21, 2016 - Court Staff Summary: "The panel granted Reyes Linares-Gonzales’ and Maribel Preciado’s petitions for review of the Board of Immigration Appeals’ orders finding them ineligible for cancellation of removal in part because their convictions...

CA9 Says INA Sec. 101(f)(1) Unconstitutional - Ledezma-Cosino v. Lynch

Ledezma-Cosino v. Lynch, Mar. 24, 2016 - "We hold that, under the Equal Protection Clause, a person’s medical disability lacks any rational relation to his classification as a person with bad moral character, and that § 1101(f)(1) is therefore unconstitutional. We grant the petition for...

CA9 Remands Valenzuela Gallardo

Valenzuela Gallardo v. Lynch, Mar. 31, 2016 - "Augustin Valenzuela Gallardo, a citizen of Mexico, pleaded guilty to violating California Penal Code § 32, accessory to a felony. An immigration judge (IJ) ordered him removed to Mexico, concluding that his conviction constituted an “offense...

Ninth Circuit Says Federal Immigration Law Preempts Arizona's Attempt to Deny DLs to DACA Recipients: ADAC v. Brewer

ADAC v. Brewer, Apr. 5, 2016 - "In sum, we find that DACA recipients are similarly situated in all relevant respects to other noncitizens eligible for drivers’ licenses under Arizona’s policy. And Arizona’s refusal to rely on EADs from DACA recipients for purposes of establishing...

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...