Case Law

11 August 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Domestic violence - Non-state agents of persecution - Social group persecution - Women-at-risk | Countries: Mexico - United States of America

7 August 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Domestic violence - Non-state agents of persecution - Social group persecution - Women-at-risk | Countries: Guatemala - United States of America

6 July 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Entry / Exit - Non-refoulement - Right to seek asylum | Countries: United States of America

The panel affirmed the district court’s grant of a temporary restraining order and a subsequent grant of a preliminary injunction enjoining enforcement of a rule and presidential proclamation that, together, strip asylum eligibility from every migrant who crosses into the United States along the southern border of Mexico between designated ports of entry.

28 February 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Entry / Exit - Illegal entry - Non-refoulement - Rejection at border - Right to seek asylum | Countries: United States of America

This case presents us with a simple question: do non-citizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on the plain language of § 1228, is yes.

20 August 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Legal representation / Legal aid - Rule of law / Due process / Procedural fairness - Well-founded fear of persecution | Countries: Mexico - United States of America

Appellants’ emergency motion for a stay of the district court’s April 5, 2019 and July 2, 2019 orders pending appeal (Dkt. Entry No. 10) is granted in part and denied in part.

22 July 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Immigration Detention | Countries: United States of America

The panel granted the Department of Homeland Security’s motion for a stay of the district court’s preliminary injunction in an action challenging the Migrant Protection Protocols.

7 May 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Refoulement | Countries: United States of America

7 December 2018 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Illegal entry - Non-refoulement - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: United States of America

8 March 2017 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Convention against Torture (CAT) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Social group persecution - State protection | Countries: Mexico - United States of America