Topic
Every decision we've filed under Immigration (Civil).
The Ninth Circuit denied the petition for review, holding that substantial evidence supports the denial of asylum, withholding of removal, and Convention Against Torture relief. The court found the petitioner's threats insufficient to constitute past persecution and ruled that she forfeited her proposed social group claims by failing to properly argue them.
The Ninth Circuit reversed and remanded a Board of Immigration Appeals order denying a motion to reopen. The court held that the Board applied an incorrect legal standard for evaluating prima facie eligibility.
The D.C. Circuit affirmed the Federal Energy Regulatory Commission's approval of a PJM tariff amendment ending Energy Efficient Resources' eligibility for capacity auctions. The court held that the amendment was prospective and did not violate the filed-rate doctrine, even though it divested Affirmed Energy of rights to bid in future auctions.
The United States Court of Appeals for the Fifth Circuit reversed district court orders granting bond hearings to two illegal entrants. The court held that aliens present in the United States without admission are applicants for admission subject to mandatory detention without bond under the Immigration and Nationality Act.
The Seventh Circuit held that district courts retain jurisdiction to grant or modify interim injunctive relief, such as visitation rights, while a Hague Convention child abduction appeal is pending. The court clarified that Federal Rules of Civil Procedure 62(d) and Appellate Rule 8(a)(1)(C) collectively empower the district court to manage equitable relief during the appellate process.
The First Circuit held that Massachusetts General Laws chapter 272, section 16, prohibiting open and gross lewdness, is not categorically a crime involving moral turpitude under federal immigration law. The court reversed the Board of Immigration Appeals' removal order, ruling that the state statute does not require proof of lewd intent.
The D.C. Circuit denied a petition challenging the TSA's emergency cybersecurity rules for airports, ruling that the agency acted within its broad statutory authority. The court also held that the petitioner waived several arguments by failing to raise them during the administrative reconsideration process.
The D.C. Circuit denied CenturyTel's petition for review and granted enforcement of the NLRB's order, holding that the Board's finding of a violation of Sections 8(a)(5) and (1) of the National Labor Relations Act was supported by substantial evidence. The court concluded that CenturyTel improperly failed to furnish information regarding non-union technicians working within the Union's jurisdiction despite the collective bargaining agreement's provisions on crossing jurisdictional boundaries.
The D.C. Circuit denied Boutique Air's petition for review regarding the Department of Transportation's selection of Key Lime Air for Essential Air Service subsidies in Jackson, Tennessee. The court affirmed that the agency's decision was not arbitrary or capricious despite Boutique Air's arguments regarding cost, precedent, and subsidy caps.
The D.C. Circuit vacated FERC's denial of a complaint seeking to lower inflated electricity rates, ruling that the agency's reliance on a prior Third Circuit decision was legally insufficient. The court held that the Third Circuit's ruling on tariff amendments did not foreclose FERC from addressing the resulting high auction prices under its separate authority to modify unjust rates.