Topic
Every decision we've filed under Immigration (Civil).
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 First Circuit granted a petition for review challenging a Board of Immigration Appeals denial of asylum and withholding of removal. The court held that the agency erred by applying a categorical bar to political opinion claims based on opposition to gangs and failed to address religion-based claims.
The Ninth Circuit affirmed the BIA's denial of a motion to reopen, ruling that a Supreme Court decision did not constitute an extraordinary circumstance for equitable tolling because the legal principle was already established by circuit precedent. The court further dismissed the petition because the petitioner failed to prove he acted diligently in filing within the statutory ninety-day window.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order denying asylum and related protections to a dual national of Venezuela and Colombia. The court held that substantial evidence supported the agency's finding that the petitioner could safely relocate to Colombia and failed to prove persecution in either country.
The Eighth Circuit affirmed the Board of Immigration Appeals' denial of a motion to reopen removal proceedings and a motion to remand based on ineffective assistance of counsel. The court held that the motion to reopen was properly denied as speculative due to the lack of a USCIS Notice of Action at the time of filing, and that the petitioner failed to demonstrate prejudice from alleged counsel delays.
The United States Court of Appeals for the Federal Circuit reversed a Merit Systems Protection Board order denying disability retirement benefits. The court held that the Office of Personnel Management cannot rebut the presumption of disability under Bruner solely by asserting a lack of objective medical evidence.
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.