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Immigration (Civil)

Every decision we've filed under Immigration (Civil).

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251 Anders Brief 242
Feb 13 2025
9th Cir. 22-1568 Published

Advanced Integrative Medical Science Institute v. United States Drug Enforcement Administration

The Ninth Circuit denied a petition for review challenging the DEA's refusal to exempt a doctor from registration requirements to administer psilocybin under the Right to Try Act. The court held that the DEA's letter was a final agency action and that its denial was not arbitrary or capricious because the agency provided a reasonable explanation for declining to initiate rulemaking.

Civil Immigration (Civil)
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Feb 12 2025
9th Cir. 23-1745 Published

Lapadat v. Bondi

The Ninth Circuit granted the Lapadats' petition for review and remanded their asylum case, holding that the Board of Immigration Appeals erred by disregarding credible testimony of past persecution. The panel further ruled that the record compels a finding that the Roma are a disfavored group in Romania.

Civil Immigration (Civil)
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Feb 10 2025
9th Cir. 23-4240 Unanimous

Luis Alberto Perez-Perez; M.E.P.-B.; Aury Fabiola Barrera-Godoy; M.N.P.-B v. Pamela Bondi, Attorney General

The Ninth Circuit held that listing family members by their agency "A" numbers in a petition for review satisfies the Federal Rule of Appellate Procedure requirement to name all parties. The court rejected the government's request to amend the caption, ruling that "A" numbers provide sufficient notice of identity without foreclosing meritorious claims on technicalities.

Civil Immigration (Civil)
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Dec 23 2024
9th Cir. 21-1096 Published

VITALIY CHMUKH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of asylum and withholding of removal for a Ukrainian national convicted of possessing a stolen vehicle. The court held that the Washington state statute aligns with the federal definition of an aggravated felony and that the conviction constitutes a particularly serious crime.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Nov 13 2024
9th Cir. 23-114 Published

JOSE ERNESTO ALEMAN-BELLOSO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.

Civil Immigration (Civil)
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Nov 5 2024
2nd Cir. 20-3324 Panel Decision

EVEROD RAY ANTHONY REID v. MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL

The Second Circuit vacated the Board of Immigration Appeals' decision and remanded the case because the Immigration Judge failed to apply the correct legal framework for protecting the rights of noncitizens with mental incompetence. The court held that the IJ improperly concluded adequate safeguards existed without utilizing the specific procedural protections required under Matter of M-A-M- for respondents suffering from schizophrenia.

Civil Immigration (Civil)
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Oct 17 2024
9th Cir. 21-304 2-1

Claudia Elena Montejo-Gonzalez; Dany Juan Francisco Montejo; Maria Natalia Francisco Montejo v. Merrick B. Garland, Attorney General

The Ninth Circuit held that the Immigration Judge and Board of Immigration Appeals abused their discretion by failing to consider the totality of circumstances regarding exceptional circumstances to reopen in absentia removal orders. The court reasoned that uncontrollable car accidents and a lack of evasion motive, combined with the unconscionable results for minor children eligible for derivative citizenship, warranted reopening the proceedings.

Civil Immigration (Civil)
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Oct 17 2024
9th Cir. 24-6326 Unpublished

Vazquez-Mendez v. Blanche

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order denying a motion to reopen. The court found the petitioner failed to demonstrate due diligence in discovering his counsel's error over a nearly six-year period.

Civil Immigration (Civil)
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