The Ninth Circuit holds that a California rape conviction under Penal Code section 261(a)(2) is a categorical match for the federal generic definition of rape, qualifying as an aggravated felony and defeating an illegal-reentry defendant’s collateral attack on his prior removal order.
Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.
The court dismissed without prejudice an immigration habeas petition that had been signed by the detainee’s long-term partner as ‘next friend,’ ruling that even if the partner had a basis for next-friend standing under Whitmore v. Arkansas, she could not represent the detainee whil
The court denied without prejudice an Armenian asylum-seeker’s habeas petition challenging his post-removal-order detention while ICE seeks a third country to receive him, ruling that he had been detained less than six months and was still within Zadvydas’s presumptively reasonable remov
The court applied the six-factor Banda test and concluded that seven months of mandatory detention of a Russian asylum-seeker who had been found to have a credible fear of persecution did not yet violate due process or require a bond hearing.
Central District of California enters a preliminary injunction barring federal immigration officials from re-detaining petitioner without complying with required procedures, holding the case is not moot under Nielsen v. Preap and that the Winter factors continue to support relief.
The court dismissed without prejudice a Haitian detainee’s habeas due-process claim for failure to exhaust appeals to the Board of Immigration Appeals after he received four individualized custody reviews from immigration judges, and rejected his Zadvydas challenge because he has no final remo
Central District of California denies the federal government’s motion to stay a partial final judgment that prohibits ICE from entering home curtilage to make warrantless arrests through “knock and talk” encounters, finding the government unlikely to succeed on appeal and unable to show irreparable
The court granted habeas relief and ordered immediate release of a Cuban national who had been paroled into the United States and then re-detained at a master calendar hearing without the written notice of parole termination required by 8 C.F.R. § 212.5(e)(5) or any opportunity to be heard.
The court denied an emergency motion to bar Immigration and Customs Enforcement from arresting an applicant at her green-card interview at the San Diego USCIS office, finding that even though similar arrests had been documented at the same office, the plaintiff had not shown that arrest was likely i