Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision denying asylum and withholding of removal. The court held that substantial evidence supported the finding that the petitioner was targeted by a gang for refusing to sell drugs rather than for a protected ground.
The Ninth Circuit dismissed challenges to factual credibility findings regarding cancellation of removal, ruling that federal courts lack jurisdiction to review such determinations. The court also denied a motion to suppress evidence, finding the petitioner failed to establish a prima facie case of unreliability or egregious constitutional violation regarding the arrest record.
The Eleventh Circuit affirmed the termination of long-term disability benefits, holding that the plan administrator did not abuse its discretion. The court ruled that the plaintiff failed to provide the specific objective medical evidence required by the plan to prove he remained unable to perform his job's material duties.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision denying asylum and withholding of removal. The court upheld the agency's adverse credibility finding based on material inconsistencies in the petitioners' testimony regarding a political attack and omitted details about contacting a party leader.
The Ninth Circuit dismissed the petition for cancellation of removal, holding it lacks jurisdiction to review how the agency weighed medical evidence regarding asthma care in Mexico. The court affirmed the denial, finding the petitioner failed to prove that adequate medical treatment was unavailable for his sons in their home country.
The Ninth Circuit reversed a district court's denial of attorney's fees under the Equal Access to Justice Act, clarifying that judicial disagreement alone does not prove the government's position was substantially justified. The panel held that the district court erred by treating the ALJ's decision and a dissenting opinion as dispositive evidence of reasonableness when the agency's error had already been established on remand.
The Ninth Circuit denies a petition for review of a Board of Immigration Appeals order denying cancellation of removal, holding that substantial evidence supports the finding that the petitioner's family would not suffer exceptional and extremely unusual hardship. The court reaffirms that factual findings regarding financial support and educational prospects are unreviewable under Wilkinson v. Garland.
The Ninth Circuit partially denied and partially granted a petition for review regarding an immigration order, ruling that substantial evidence supported the denial of withholding of removal but that the Board of Immigration Appeals erred in denying voluntary departure. The court remanded the case for the agency to reweigh voluntary departure factors without relying on non-existent drug convictions.
The Ninth Circuit denied a petition for review of an immigration order, upholding the agency's refusal to consider a withholding of removal claim based on membership in a particular social group. The court ruled that the petitioner procedurally defaulted by failing to clearly delineate the specific social group before the Immigration Judge.
The Ninth Circuit denied a petition for review regarding cancellation of removal, finding substantial evidence supported the agency's conclusion that the petitioner failed to prove exceptional hardship to his wife. The court also dismissed the appeal challenging voluntary departure, ruling that the discretionary nature of the decision precludes judicial review absent constitutional or legal questions.
