Split 9th Circ. narrows block of Trump’s public charge rule.
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…
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Ninth Circuit to Allow Termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador
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…
The Supreme Court punted an immigration-related case back down to the 9th Circuit.
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…
Ninth Circuit Defends Asylum in Two Rulings
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…
Asylum 2.0 in effect outside of 9th Circuit
9th Circuit rules Asylum 2.0 cannot go in effect. At the present time. It would harm those actually applying for asylum.
Court Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony
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…
CA9 Says Fleeing from Police Under California Vehicle Code §2800.2 Is Not Categorically a CIMT
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…
Court Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Not Eligible for Bond
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),…
Court Says No Rational Basis Between Chronic Alcoholism and a Lack of Good Moral Character
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…
Entered illegally after a deportation order AND have a 245(i) application? Which controls?
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…
Think the Circuit Court has no Jurisdiction to hear the case? Think again.
The Ninth Circuit held that the statutory criminal bar to judicial review, INA §242(a)(2)(C), does not strip the court of jurisdiction to review the denial…
Got illegal Reentry? Got a defense?
The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol…