Pedroza-Estrada v, Garland, No. 21-70377 December 9, 2022 (9th Cir. 2022)

Dec 09, 2022

OUTCOME: The Ninth Circuit granted the PFR of the denied Motion to Reopen for "42B" Cancellation

Challenged the BIA's denial of the Motion to Reopen on the non-cumulative new hardship for the "42B" Cancellation of Removal.

Rogelio Reyes-Rodriguez, A205-920-648 BIA (unpublished) June 23, 2017

Jun 23, 2017

OUTCOME: remanded to the IJ

The IJ denied administrative closure without fully explaining his decision and without identifying the dispositive factors and their relative weights.

Gildardo Miranda-Duarte, A206-466-550, BIA (unpubl.) August 26, 2016

Aug 26, 2016

OUTCOME: remanded to the IJ

The IJ did not provide legal reasoning or analysis in denying to change venue

Matter of Gomez-Beltran, 26 I&N Dec. 765 (BIA 2016)

Jun 27, 2016

OUTCOME: Perjury before an Immgration Judge precluded GMC

Took this case on appeal. Pro Bono, as the client is incompetent. Previously, the client got ordered removed with the IJ's finding of perjury. The BIA affirmed the IJ, denied to reopen. The case is now ... before the 9th Circuit.

Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016)

Apr 29, 2016

OUTCOME: still prevailed on the jurisdiction

the 815 F.3d 452, 455-56 (9th Cir. 2016) stood up with an amendment, but the issue of reviewability of the IJ's decision in Reasonable Fear review proceedings has not changed, the 9th Circuit has jusri ... diction to review the IJ's decision by the substantial evidence standard. Contrasts with non-reviewvability of Credible Fear.

Andrade-Garcia v. Lynch, 815 F.3d 452, 455-56 (9th Cir. 2016)

Mar 09, 2016

OUTCOME: Prevailed on the jurisdiction issue

Pivotal case on reviewability of the IJ's negative Reasonable Fear finding. The IJ's finding in Reasonable Fear Review proceedings is reviewable in the 9th Circuit under the substantial evidence standa ... rd. The U.S. Court of Appeal jurisdiction was previously the issue of the first impression (see the non-precedential cases remanded).

Guadalupe Rondin-Nieves, A087-756-633, BIA (unpubl.) August 30, 2013

Aug 30, 2013

OUTCOME: BIA admin. closed the case on the DHS request (stipulated resolution of the 9th Circuit litigation)

This case was on the Petition for Review before the 9th Circuit and got remanded. Stipulated administrative closure.

Oviedo-Alvorado v. Holder, 9th Cir. docket 10-73440

N/A

OUTCOME: remanded

Petition for Review challenging the BIA order affirming removal

Leon-Cazarez v. Holder, 9th Circuit Docket No 12-74168

N/A

OUTCOME: Remanded

Santos-Nava v. Holder, 9th Circuit Docket No. 13-71915

N/A

OUTCOME: Remanded