Topic
Every decision we've filed under Immigration (Civil).
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 Ninth Circuit dismissed review of the discretionary denial of special rule cancellation of removal, holding that such decisions are unreviewable. The court also denied the withholding of removal claim for failure to exhaust specific arguments before the Board of Immigration Appeals.
The Ninth Circuit affirmed the Board of Immigration Appeals' summary dismissal of an asylum appeal because the petitioner failed to file a required brief and provided an insufficient notice of appeal. The court further declined to review the merits of the asylum claims due to non-exhaustion of administrative remedies.
The Ninth Circuit denied Ciro Flores-Flores' petition for review of a Board of Immigration Appeals decision refusing to reconsider a denial of cancellation of removal. The court held that the BIA did not abuse its discretion because Flores voluntarily left the U.S. in 1999, breaking the ten-year continuous physical presence required for relief regardless of the validity of his notice to appear.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting a motion to reopen removal proceedings based on ineffective assistance of counsel. The court affirmed that the petitioner failed to satisfy the procedural requirements of Matter of Lozada because he did not provide his former counsel sufficient time to respond to allegations before filing his motion.
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 and remanded a Board of Immigration Appeals decision denying adjustment of status. The court held that the Board engaged in impermissible factfinding by determining the petitioner used a false identity to avoid criminal prosecution when that specific intent was not found by the Immigration Judge.