Petition for Review under 8 U.S.C. § 1252. 9th Cir. held that BIA erroneously relied on wrong 9th Cir. precedent to apply incorrect, higher standard in denying adjustment of status.
Petition for Review under 8 U.S.C. § 1252(a)(1). 2d Cir. held that BIA improperly relied on certain documents and erred in finding that DHS met its burden of proof in establishing foreign citizenship.
Petition for Review under 8 U.S.C. § 1252(a)(1). 9th Cir. held that BIA did not specifically and directly analyze claim in denying relief for noncitizen.
Petition for Review under 8 U.S.C. § 1252(a)(1). 1st Cir. held that BIA incorrectly denied noncitizen's appeal as untimely and failed to address equitable tolling argument based on a variety of factors, including the Covid-19 public health emergency.
Petition for Review under 8 U.S.C. § 1252(a)(1). Voluntary remand where BIA may not have properly analyzed whether noncitizen was prejudiced by ineffective assistance of counsel.
Petition for Review under 8 U.S.C. § 1252. 9th Cir. held that Hawaii's theft statute is overbroad and noncitizen's conviction was not for a CIMT, and reprimanded USG for failing to brief the merits of the CIMT issue.
Petition for Review under 8 U.S.C. § 1252. The Ninth Circuit found that although the BIA properly denied the requested relief, it abused its discretion in not granting the motion to remand based on a family petition on behalf of the noncitizen, noting that the noncitizen did demonstrate that the spouse was eligible for naturalization and that the noncitizen was eligible for a corresponding spousal petition.
Petition for Review under 8 U.S.C. § 1252(a). 10th Cir. vacated BIA decision regarding sua sponte reopening authority, holding that it relied on legally erroneous rationale and failed to address its own precedent.
Petition for Review under 8 U.S.C. § 1252(a)(1). 1st Cir. held that BIA incorrectly treated noncitizen's conviction as a per se bar to withholding of removal.