The court ordered a DACA recipient immediately released, holding that deferred action supported a protected liberty interest and the government had not justified detention.
A court ordered a new immigration bond hearing because inadequate advance notice denied the detainee a meaningful opportunity to prepare and present release evidence.
When an immigration judge grants voluntary departure but conditions it on posting a bond, the Board of Immigration Appeals commits legal error if it overlooks evidence that the bond was paid.
The Ninth Circuit upheld the denial of cancellation of removal because the record did not compel a finding of exceptional and extremely unusual hardship.
Ninth Circuit affirms denial of asylum and Convention Against Torture protection where petitioner failed to establish persecution on account of a protected ground.
Because the record compels the conclusion that Cortes Rodriguez suffered past torture while in the custody of Mexican police, and the circumstances material to Cortes Rodriguez’s past torture have not changed, Cortes Rodriguez’s petition is granted as to his CAT claim.
Ninth Circuit affirms denial of asylum where appellants waived right to challenge key findings about persecution and future fear.
The Ninth Circuit held that substantial evidence supported the BIA’s denial of cancellation of removal based on failure to show exceptional and extremely unusual hardship, and clarified that federal courts lack jurisdiction to review factual determinations in such cases.
The Ninth Circuit reversed the BIA’s dismissal of asylum and withholding of removal claims, holding that the agency failed to consider whether a protected ground was at least one central reason for the petitioners’ persecution by a narco-trafficking organization.
The Southern District upheld a disability denial because the agency reasonably assessed moderate mental limitations and gave adequate reasons for discounting migraine testimony.
The Northern District of California dismissed a disability applicant’s constitutional, discrimination, and conspiracy claims against the Social Security Administration, holding that Section 405(h) channels virtually any claim tied to a benefits denial exclusively through the Social Security Ac
A federal judge adopted a magistrate’s recommendation and permanently enjoined immigration authorities from re-detaining a released noncitizen without advance notice, a hearing before a neutral decisionmaker, and clear-and-convincing proof that detention is justified.
A federal judge held that an immigration detainee’s eleven months in custody did not violate due process, because he had already received a substantive bond hearing that weighed his criminal history, flight risk, and family ties.
A federal judge ordered the release of a man ICE had been unable to deport for 26 years, holding the government failed to rebut evidence that his removal is not likely to happen in the foreseeable future.
A federal judge denied a habeas petition from an immigration detainee whose removal order had been reinstated weeks earlier, holding his due-process claim premature because he had not yet been held past the presumptively reasonable six-month period.
A federal judge ordered the release of a landscaper detained without a hearing, finding ICE’s five-month delay before arresting him undercut any claim of exigency justifying detention without prior notice.
A federal judge ordered a bond hearing, not release, for a lawful permanent resident re-detained after felony battery convictions, finding his recent conviction for a serious offense justified detention without a prior hearing even though his earlier release gave him a liberty interest.
After ICE lured a man to a fake job estimate to arrest him, mistakenly deported him mid-proceedings, then detained him again when he returned on a DHS-issued parole document, a federal judge ordered his release for lack of any lawful custody process.
A federal judge ordered the immediate release of an immigration detainee after the government’s opposition failed to identify any fact or argument distinguishing his case from a string of prior rulings requiring a pre-deprivation bond hearing before re-detention.
The California Supreme Court ordered Riverside County’s sheriff to return roughly 650,000 voted ballots because state law requires them to remain in election officials’ custody.
The California Supreme Court held that the Attorney General may issue binding, lawful directions to a county sheriff concerning a particular criminal investigation.
A California Court of Appeal held that design immunity may cover the adequacy of warnings included in an approved and reasonable public-infrastructure design.
The Ninth Circuit held that Los Angeles’s separate housing-accessibility agreement did not replace a False Claims Act suit and therefore was not an alternate remedy sharing source.
The Northern District reversed a Social Security denial because the agency inadequately evaluated seizure evidence and relied on medication records outside the relevant period.