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
The court granted an immigration detainee’s habeas petition and ordered an individualized bond hearing within seven days, finding him a member of the Bond Eligible Class certified in the Central District’s Maldonado Bautista decision and entitled to detention review under 8 U.S.C. § 1226
The court denied a § 2241 habeas petition by a detained Italian human-trafficking victim seeking immediate release, dismissal of his removal charges, and expedited adjudication of his T-Visa application, ruling that most of the requested relief is not cognizable in habeas and the petitioner offered
Eastern District of California dismisses a mandamus petition seeking to compel U.S. Citizenship and Immigration Services to adjudicate a Form I-601 waiver application, holding that 8 U.S.C. § 1182(a)(9)(B)(v) strips federal courts of jurisdiction to review delays in waiver processing.
Judge Josephine L. Staton granted a TRO ordering ICE to release a Vietnamese detainee at Adelanto subject to his prior Order of Supervision conditions, finding he satisfied the Winter factors. The court enjoined re-detention inconsistent with ICE regulations and set a preliminary injunction hearing
Judge Kenly Kiya Kato ordered ICE to show cause why a habeas petition should not be granted to a noncitizen detained nine months at Adelanto whom Belarus refuses to recognize as a citizen, finding the government’s bare assertion that it was ‘actively seeking travel documents’ insuf
Judge Kenly Kiya Kato ordered ICE to show cause why a habeas petition should not be granted to a noncitizen detained nine months at Adelanto whom Belarus refuses to recognize as a citizen, finding the government’s bare assertion that it was ‘actively seeking travel documents’ insuf
A magistrate judge in the Eastern District of California recommends granting in part a habeas corpus petition for a Mexican national detained at the Mesa Verde ICE Processing Center, holding that someone who has lived in the United States for over 20 years and was apprehended in the interior is not
The court sua sponte dismissed for lack of subject-matter jurisdiction a Russian asylum-seeker’s habeas petition challenging the merits of an immigration officer’s negative credible-fear determination, citing the Supreme Court’s Thuraissigiam decision and 8 U.S.C. § 1252(e)(5).
In a U.S. citizen’s APA action seeking to compel adjudication of his Iraqi mother’s visa application that has been in administrative processing in Amman, Jordan since September 2023, the court denied dismissal of the APA unreasonable-delay claim — declining to apply the TRAC factors at t
The court denied without prejudice a Russian asylum-seeker’s habeas petition challenging his immigration detention, ruling that after the Board of Immigration Appeals denied his appeal his detention is governed by the 90-day post-removal-order period in 8 U.S.C. § 1231(a) and a habeas challeng
Magistrate Judge Steve Kim ordered ICE to show cause why an Armenian detainee at Adelanto should not receive an individualized bond hearing, following an ‘overwhelming majority’ of C.D. Cal. decisions rejecting the government’s position that arriving aliens are subject to mandatory
Judge David O. Carter granted a preliminary injunction requiring that any future immigration enforcement actions against Eugene Trifonov after his release comply with required procedures, incorporating the Winter analysis from his prior TRO order.
Eastern District of California rejects the federal government’s argument that the entry fiction doctrine and the older Barrera-Echavarria decision foreclose due process protections for noncitizens paroled into the country, ordering immediate release.
Eastern District of California issues a temporary restraining order requiring ICE to immediately release an Eritrean asylum-seeker re-detained at a routine check-in, holding the detention violated both the Immigration and Nationality Act and the Fifth Amendment’s Due Process Clause.