Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS lost its bid at the Ninth Circuit to stop preliminary injunctions against a new public charge rule limiting the number of immigrants who can be admitted to the U.S. based on doubts they can be self-sufficient. The court reasoned that the rule is likely not a reasonable interpretation of federal immigration law. Ultimately, the divided court upheld preliminary injunctions against the rule issued by district courts in CA and WA, though it narrowed the WA-based court’s nationwide injunction to cover only the territory within the court’s jurisdiction. The California AG Xavier Becerra called the court’s ruling a “critical victory.”
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Posted on September 16, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit issued a split panel decision vacating a district court’s preliminary injunction barring implementation of decisions to terminate the Temporary Protected Status (TPS) designation of Sudan, Nicaragua, Haiti, and El Salvador and remanded.
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Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On May 7, the Supreme Court unanimously ruled that the 9th Circuit should not have ruled on an immigration-related First Amendment issue, because the issue was not raised by either parties in the lawsuit. The lawsuit concerns one woman who was convicted of “encouraging” a foreigner to be in the U.S. illegally. Now, the case will go back to the 9th Circuit to be considered on the merits of the other arguments that the parties did raise
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Posted on March 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated ports of entry.
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Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
9th Circuit rules Asylum 2.0 cannot go in effect. At the present time. It would harm those actually applying for asylum.
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Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit Court of Appeals granted the petition for review of the Board of Immigration Appeals’ decision and held that the petitioner’s conviction for fleeing from a police officer under California Vehicle Code §2800.2 was not categorically a crime involving moral turpitude (CIMT), because the conduct criminalized does not necessarily create the risk of harm that characterizes a CIMT. The court concluded by ruling that the petitioner was not statutorily ineligible for cancellation of removal.
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.
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Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by chronic alcoholism as innately lacking good moral character.
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Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s adjustment of status application, finding that the petitioner reasonably relied on Acosta v. Gonzales, which was the law of the circuit in effect at the time he applied to adjust status, but which was later overruled by Garfias-Rodriguez v. Holder. The court held that the BIA’s decision in Matter of Briones should not be applied retroactively to bar the petitioner’s application, because the petitioner’s reliance interests and the burden that retroactivity would impose on him outweighed the interest in uniform application of the immigration laws.
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