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Ninth Circuit
9th cir reaffirms that 1252(a)(2)(C) never bars CAT deferral review Print E-mail
Ninth Circuit
Written by Chuck Roth   
Wednesday, 12 March 2008

Lemus-Galvan v. Mukasey (9th Cir. 3/11/08)

McKEOWN, Tashima, Kozinski

The 9th Cir held that despite conviction for murder (concededly an aggravated felony), CtApp was categorically not deprived of jurisdiction over CAT deferral by 1252(a)(2)(C).  Denied summarily on the merits.

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9th Cir finds equitable estoppel unavailable where petitioner stopped from applying for citizenship Print E-mail
Ninth Circuit
Written by Chuck Roth   
Wednesday, 12 March 2008

Mustanich v. Mukasey (9th Cir. 3/11/08)

SMITH Feris Holland (DistCt)

The 9th cir refused to equitably estop the Govt from denying citizenship to the Petitioner, despite Govt's repeated and culpable misadvisals and refusals to accept naturalization application. 

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9th Cir: BIA to determine whether under 21 is minor, excused from one-year filing deadline Print E-mail
Ninth Circuit
Written by Chuck Roth   
Wednesday, 05 March 2008

Al-Mousa v. Mukasey, (9th Cir 3/5/08)

B FLETCHER, Canby, Rawlinson (dissenting)

The 9th Cir issued a Ventura remand, ordering the BIA to determine whether a child between 18 and 21 is a minor for purposes of tolling the one-year filing deadline in an asylum case.  They found that although the minor had never argued that issue before the BIA or IJ, that his minority might excuse that failure, so ordered BIA to address that question as well. 

Judge Rawlinson dissented, refusing to "bootstrap" jurisdiction onto the question of minority. 

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9th cir on suppression: no liberty interest in non-detection of fraud Print E-mail
Ninth Circuit
Written by Chuck Roth   
Tuesday, 04 March 2008

Hong v. Mukasey, (9th Cir. 3/4/08)

A petitioner whose father obtained her LPR status through fraud sought suppression of the evidence on regulatory privacy grounds. The 9th Cir found that she had no protected liberty interest in avoiding detection as an illegal immigrant. While the Court noted that the exposure likely didn't violate the regulations in any event, it chose to rest its decision on a potentially dangerous liberty interests analysis.

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9th Cir interprets Barahona settlement agreement Print E-mail
Ninth Circuit
Written by Chuck Roth   
Tuesday, 04 March 2008

Navarro v. Mukasey, __ F.3d __ (9th Cir. 3/4/08)

PREGERSON, Gould, Clifton (concurring)

Interpreted 9th Cir settlement agreement in Barahona-Gomez v. Ashcroft, 243 F. Supp. 2d 1029 (N.D. Cal. 2002) (“Barahona- Gomez II”).  Court found that the class includes people whose master calendar hearings were scheduled in the period leading up to 4/1/97.

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