Topic
Every decision we've filed under Immigration (Civil).
The Ninth Circuit held that a Washington state harassment conviction categorically qualifies as a crime of violence, barring the petitioner from cancellation of removal and other discretionary relief. The court also affirmed the denial of Convention Against Torture relief due to insufficient evidence of a specific threat of torture upon return to Mexico.
The Ninth Circuit denied Omar Tellez-Ramirez's petition for review, holding that his Idaho drug conviction qualifies as a removable aggravated felony. The court applied the modified categorical approach to confirm the conviction involved methamphetamine and matched federal mental state requirements.
The Ninth Circuit affirmed the denial of a petition for review, holding that Miranda warnings and the exclusionary rule do not apply in civil immigration removal proceedings. The court rejected the petitioner's argument that an administrative arrest warrant transformed the civil nature of the proceeding into a criminal one.
The Ninth Circuit denied a petition for review, holding that the stop-time rule for cancellation of removal is triggered by the date a criminal offense is committed, not the date of conviction. This ruling confirms that a lawful permanent resident is ineligible for relief if the offense occurred within seven years of admission, even if the conviction finalizes after that period.
The Ninth Circuit reversed the Board of Immigration Appeals, holding that an immigration judge violated due process by rigidly enforcing a filing deadline without allowing a window filing. The court found the proceedings fundamentally unfair because the deadline was ambiguous and the judge refused to accept the application while still on the bench.
The Ninth Circuit held that the Board of Immigration Appeals erred by relying on outdated precedent to classify Washington's current reckless driving statute as a crime involving moral turpitude. The court found that the statute's 'reckless manner' element reflects a lower mental state than the 'wanton or willful disregard' standard required by prior BIA rulings.