Topic
Every decision we've filed under Immigration (Civil).
The Ninth Circuit denied a petition for review challenging an Immigration Judge's handling of a continuance request and translation services. The court held that the petitioner failed to demonstrate prejudice because he was statutorily ineligible for any relief other than voluntary departure, which he received.
The Ninth Circuit denied a petition for review of a denial of cancellation of removal, upholding the Immigration Judge's finding that the petitioner failed to prove exceptional and extremely unusual hardship to his qualifying children. The court clarified that children with DACA status do not qualify as relatives for hardship purposes and that general financial or emotional hardships are insufficient to meet the statutory standard.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen for cancellation of removal. The court held that defects in the Notice to Appear do not strip immigration courts of jurisdiction and that the petitioner failed to prove eligibility for the requested relief.
The First Circuit Court of Appeals denied the Hodzics' petitions for review of the Board of Immigration Appeals' orders denying their motions to reopen and reconsider. The court held that the BIA acted within its discretion and that the petitioners failed to demonstrate the legal or constitutional errors required to trigger judicial review of a sua sponte motion.
The First Circuit denied petitions for review challenging the Board of Immigration Appeals' refusal to reopen removal proceedings sua sponte. The court found that the Hodzics failed to demonstrate any colorable legal or constitutional error in the agency's discretionary decision.
The Third Circuit denied a petition for review of a final removal order against Agyei Asare Tabi, upholding the Board of Immigration Appeals' classification of his prior federal fraud conviction as an aggravated felony. The court affirmed that the conviction for conspiracy to defraud the United States involved fraud or deceit and that the resulting loss to the victim exceeded the statutory $10,000 threshold.
The Ninth Circuit denied the Government's motion to vacate its prior panel opinion regarding Venezuela's Temporary Protected Status designation. The court held that the doctrine of mootness did not compel vacatur when the case became moot after a valid decision had already been rendered.
The Ninth Circuit denied a petition for review of an immigration order because the petitioner failed to specifically argue the dispositive legal elements of his asylum and withholding of removal claims. The court held that the petitioner forfeited review of the nexus and government protection determinations by not addressing them distinctly in his opening brief.
The Third Circuit denied in part and dismissed in part a petition challenging an Immigration Judge's rulings on administrative closure, continuance, and voluntary departure. The court held that the petitioner failed to show the first two rulings affected the outcome of his removal, while the third was barred from judicial review by statute.
The Seventh Circuit denied a Honduran citizen's petition for review of an asylum denial, upholding the finding that gang extortion was motivated by perceived wealth rather than gender. The court held that general country conditions and academic articles were insufficient to establish the required nexus between the petitioner's proposed social groups and the feared harm.