Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed the denial of asylum and withholding of removal because the petitioner failed to exhaust his claims regarding the Immigration Judge's nexus finding. The court also upheld the denial of Convention Against Torture relief, finding that a single unharmed threat and speculative arguments did not meet the legal burden for torture.
The Ninth Circuit denied a Salvadoran national's petition for review of an asylum denial, ruling that witnesses who merely report crimes to the police lack the social distinction required for a cognizable particular social group. The court further held that the petitioner failed to demonstrate prejudice from alleged translation errors because the asylum claim failed on independent legal grounds.
The Ninth Circuit dismissed review of the discretionary denial of special rule cancellation of removal, holding that such decisions are unreviewable. The court also denied the withholding of removal claim for failure to exhaust specific arguments before the Board of Immigration Appeals.
The Ninth Circuit vacated a dismissal for lack of personal jurisdiction, holding that the plaintiff made a prima facie showing that the defendant intentionally aimed conduct at Oregon. The case is remanded for the district court to resolve factual disputes in the plaintiff's favor and complete the jurisdictional analysis.
The Ninth Circuit affirmed the Board of Immigration Appeals' summary dismissal of an asylum appeal because the petitioner failed to file a required brief and provided an insufficient notice of appeal. The court further declined to review the merits of the asylum claims due to non-exhaustion of administrative remedies.
The Ninth Circuit denied Ciro Flores-Flores' petition for review of a Board of Immigration Appeals decision refusing to reconsider a denial of cancellation of removal. The court held that the BIA did not abuse its discretion because Flores voluntarily left the U.S. in 1999, breaking the ten-year continuous physical presence required for relief regardless of the validity of his notice to appear.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting a motion to reopen removal proceedings based on ineffective assistance of counsel. The court affirmed that the petitioner failed to satisfy the procedural requirements of Matter of Lozada because he did not provide his former counsel sufficient time to respond to allegations before filing his motion.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen removal proceedings based on ineffective assistance of counsel. The court upheld the BIA's finding that the petitioner failed to meet procedural requirements because he provided his former attorney only three days to respond to allegations before filing the motion.
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 agency's finding that the petitioner could safely relocate within Colombia.
The Ninth Circuit denies a petition for review of a Board of Immigration Appeals order dismissing asylum and related claims because the agency provided specific and cogent reasons for an adverse credibility finding. The court holds that the petitioners' voluntary return to China undermined their assertions of fear, and without independent non-testimonial evidence, this credibility determination is dispositive.