Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Ninth Circuit denied Jose Penado's petition for review of the Board of Immigration Appeals' decision, upholding the denial of his asylum and withholding of removal claims. The court affirmed that Penado failed to file his application within the statutory one-year deadline and did not meet the legal threshold for proving future persecution.
The Ninth Circuit denied Okky Ficrada Jaya's petition for review of the Board of Immigration Appeals' dismissal of his motion for administrative closure. The court found no error in the Immigration Judge's handling of competency safeguards and ruled that challenges to the continuance denial were moot after USCIS denied the underlying relief.
The Ninth Circuit denied Anthony Duran's petition for review of the Board of Immigration Appeals' order denying his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The court affirmed that Duran's conviction for shooting at an occupied vehicle constituted a particularly serious crime and found substantial evidence supported the denial of his other relief requests.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision affirming the denial of cancellation of removal. The court held that the petitioner forfeited his challenge regarding his son's age by failing to raise it in his opening brief, as the BIA relied on an alternative, independently sufficient ground.
The Seventh Circuit affirmed the denial of Social Security disability benefits, ruling that substantial evidence supported the ALJ's assessment of the claimant's residual functional capacity. The court held that the ALJ properly weighed the claimant's subjective complaints of fatigue and cane use against inconsistent medical records and daily activities.
The Ninth Circuit affirmed the denial of Social Security disability benefits, ruling that the Administrative Law Judge's findings were supported by substantial evidence. The court held that the claimant failed to meet the medical listing requirements because he was unmedicated during a critical lung function test.
The Ninth Circuit affirmed the denial of Social Security disability benefits, holding that the Administrative Law Judge's decision was supported by substantial evidence. The court found the ALJ provided specific and legitimate reasons for weighing medical opinions and correctly excluded asthma-related work restrictions based on uncontradicted record evidence.
The Ninth Circuit denied a petition for review, holding that the statutory 'good moral character' catchall provision is not unconstitutionally vague as applied to a petitioner with four DUI arrests and convictions. The court affirmed the Board of Immigration Appeals' denial of cancellation of removal and voluntary departure, finding the petitioner had fair notice that such conduct reflected poorly on his character.
The Ninth Circuit denied a Guatemalan national's petition for asylum and withholding of removal, ruling that anonymous threatening phone calls without physical harm do not constitute past persecution. The court further held that the petitioner failed to demonstrate a well-founded fear of future persecution or eligibility for protection under the Convention Against Torture.
The Ninth Circuit affirmed the BIA's denial of a motion to reopen, ruling that a Supreme Court decision did not constitute an extraordinary circumstance for equitable tolling because the legal principle was already established by circuit precedent. The court further dismissed the petition because the petitioner failed to prove he acted diligently in filing within the statutory ninety-day window.
