Topic
Every decision we've filed under Immigration (Civil).
The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for a Brazilian national who admitted to stabbing two women, one of whom died. The court held that the petitioner failed to prove a likelihood of future torture and that his admitted violent acts constituted a serious nonpolitical crime barring relief.
The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Tortate relief for a Mexican national fearing cartel violence. The court held that the petitioner failed to prove a causal nexus between the feared harm and a statutorily protected ground.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim, finding that the immigration judge's reliance on evidence was supported by substantial evidence. The court held that any procedural error regarding interview notes was harmless because the judge did not credit them as true, and that the petitioner failed to meet the high burden required to overturn the agency's factual findings.
The Ninth Circuit held that a petitioner's claim of derivative citizenship presents a genuine issue of material fact that cannot be resolved by the Board of Immigration Appeals. Consequently, the court transferred the case to the United States District Court for a de novo determination of the nationality claim.
The Fourth Circuit affirmed the denial of cancellation of removal for a noncitizen who admitted to felony drug offenses during immigration proceedings. The court held that the petitioner's sworn testimony, given with counsel present, satisfied the statutory bar regarding good moral character despite the lack of a criminal conviction.
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.
The Ninth Circuit denied a petition for review of the Board of Immigration Appeals' order denying asylum, withholding of removal, and Convention Against Torture protection. The court held that the record contained substantial evidence that the petitioner failed to establish past persecution or a well-founded fear of future persecution because harm to her relatives was not closely tied to her and she suffered no physical injury herself.
The First Circuit reversed the Board of Immigration Appeals' denial of an adjustment of status application because the Board impermissibly relied on a factual finding not contained in the record. The court held that the Board violated due process by determining the petitioner's specific intent to avoid criminal prosecution without evidence in the record before the Immigration Judge.