Topic
Every decision we've filed under Immigration (Civil).
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision that found a non-citizen ineligible for cancellation of removal due to violating a protection order. The court held that the categorical approach does not apply to such violations and affirmed that a police report reliably established the offense.
The Ninth Circuit dismissed an appeal challenging unreasonable delays in immigrant visa adjudications as moot after the State Department issued the requested visas during the litigation. The court held that no exceptions to mootness applied because the plaintiffs could not demonstrate a reasonable expectation of future similar harm.
The Ninth Circuit denied a petition for review of a BIA order, holding that substantial evidence supported the agency's finding that the petitioner failed to prove a nexus between her harm and a protected ground. The court also affirmed the dismissal of her ineffective assistance of counsel claim because she did not demonstrate that her attorney's performance was fundamentally unfair or prejudicial.
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 Federal Circuit reversed the Merit Systems Protection Board's denial of disability retirement, holding that the Office of Personnel Management cannot rebut the Bruner presumption of disability merely by asserting a lack of objective medical evidence. The court clarified that subjective medical testimony from a treating physician regarding functional limitations is sufficient to establish entitlement under 5 U.S.C. § 8337(d) without independent objective corroboration.
The Ninth Circuit denied Paramjeet Singh's petition for review of his asylum and removal relief applications, upholding the Board of Immigration Appeals' adverse credibility determination. The court found the agency's findings conclusive because Singh's testimony regarding past persecution contained material inconsistencies with his prior statements and medical records.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting asylum and Convention Against Torture claims. The court affirmed that the petitioners failed to prove their proposed social group is socially distinct in Guatemala and did not meet the high legal bar for torture relief.