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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
Oct 4 2024
9th Cir. 23-95 Published

JASWINDER SINGH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit granted Jaswinder Singh's petition for review, holding that the Board of Immigration Appeals erred in its adverse credibility determination and its internal relocation analysis. The court remanded the case for a renewed credibility assessment and a proper individualized inquiry into whether Singh could safely relocate outside of Punjab.

Civil Immigration (Civil)
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Sep 3 2024
United States Court… 22-1271 Panel Decision

United States Sugar Corporation v. Environmental Protection Agency

The D.C. Circuit held that the EPA violated the Clean Air Act by classifying industrial boilers built before 2020 as new sources, contradicting the statute's explicit temporal definitions. Consequently, the court granted petitions from industry groups challenging this classification while denying environmental groups' challenges to the agency's data selection.

Civil Immigration (Civil)
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Aug 29 2024
9th Cir. 23-835 Published

OSWALDO FAVIO DOMINGUEZ OJEDA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that an immigration judge committed legal error by refusing to consider new evidence based on the mistaken belief that he lacked the discretion to do so. The court remanded the case, instructing the immigration judge to exercise discretion before rejecting the petitioner's additional evidence regarding his fear of persecution.

Civil Immigration (Civil)
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Aug 26 2024
9th Cir. 21-1325 Published

Zohaib Zia v. Merrick B. Garland, Attorney General

The Ninth Circuit clarified that while it lacks jurisdiction to review adverse credibility findings in good faith marriage waiver cases, it retains limited authority to review the ultimate good faith determination as a mixed question of law and fact. Applying this deferential standard, the court affirmed the denial of Zia's waiver petition because his testimony lacked weight and the remaining evidence did not compel reversal of the Board of Immigration Appeals' decision.

Civil Immigration (Civil)
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Aug 15 2024
9th Cir. 22-1910 Published

CLAUDE STEPHEN BENT v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit granted a petition for review and remanded to the Board of Immigration Appeals because the agency mischaracterized a California statute and misapplied equitable tolling standards. The court held that the state court vacated the petitioner's conviction due to a constitutional plea defect, not solely to mitigate immigration consequences.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Jul 30 2024
9th Cir. 21-1228 Published

EDGAR G.C v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for an immigrant with a history of childhood abuse. The court held that the petitioner's assault conviction constituted a particularly serious crime and that substantial evidence supported the agency's finding that he was not more likely than not to face future torture in Mexico.

Civil Immigration (Civil)
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Jul 23 2024
9th Cir. 22-507 2-1

SOCORRO COLIN-VILLAVICENCIO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of derivative citizenship and Convention Against Torture relief, holding that the petitioner's father established paternity by legitimation under Baja California law. The court excused the waiver of the citizenship claim to avoid manifest injustice but found no genuine dispute of material fact requiring transfer to a district court.

Civil Immigration (Civil) Summary Judgment
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Jul 16 2024
United States Court… 23-1069 Panel Decision

HEALTHY GULF v. FEDERAL ENERGY REGULATORY COMMISSION COMMONWEALTH LNG, LLC Consolidated with 23-1071

The D.C. Circuit vacated and remanded the Federal Energy Regulatory Commission's authorization of a Louisiana LNG facility for failing to adequately explain its decision not to assess greenhouse gas significance and for inadequately analyzing cumulative nitrogen dioxide effects. However, the court denied the petitioners' request to vacate the order entirely, allowing the project to proceed while FERC corrects the identified environmental deficiencies.

Civil Immigration (Civil)
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Jun 28 2024
9th Cir. 23-204 Published

GILBERTO AZAEL LEON PEREZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.

Civil Immigration (Civil)
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Jun 25 2024
9th Cir. 22-704 Published

GERSON EDUARDO ALFARO MANZANO v. MERRICK B. GARLAND, Attorney General Nos. 22-704 22-1521

The Ninth Circuit held that an asylum seeker's Jehovah's Witness faith was one central reason for his persecution by Salvadoran gangs, even though the gangs also sought to extort money from him. The court clarified that a protected ground need not be the sole motive to qualify for asylum if it would independently cause the harm.

Civil Immigration (Civil)
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