Topic
Every decision we've filed under Immigration (Civil).
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 Tenth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting asylum and Convention Against Torture claims based on forced abortion allegations. The court upheld the agency's adverse credibility finding and exclusion of medical evidence due to inconsistencies in the petitioners' testimony and lack of authentication.
The Fifth Circuit dismissed a petition for review challenging the Board of Immigration Appeals' denial of a waiver of inadmissibility and adjustment of status. The court held that the petitioner's challenge to the weighing of her criminal history against her positive equities was an impermissible attack on discretionary judgment, which is stripped from judicial review under federal statute.
The United States Court of Appeals for the Federal Circuit ordered the transfer of this appeal to the United States District Court for the District of Columbia. The court acted pursuant to the statutory authority found in Section twenty-eight U.S.C. Section one thousand six hundred thirty-one.
The Tenth Circuit denied Frontier Airlines' petition for review of a TSA order requiring the carrier to remit unpaid security service fees on cancelled tickets. The court held that the Aviation and Transportation Security Act obligates airlines to collect and remit fees regardless of whether passengers ultimately travel, and that expired travel credits do not constitute valid refunds.
The Ninth Circuit denied Sarabjit Singh's petition for review of the Board of Immigration Appeals' decision to deny his asylum and withholding of removal claims. The court upheld the agency's finding that Singh, a low-level party member, could safely relocate within India and would not be tracked by his persecutors.
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.