New 9th Circuit and BIA Immigration Cases

Jia v. Holder

Posted in Unpublished Ninth Circuit by newimmigrationcases on September 30, 2009

Substantial evidence supports the agency’s adverse credibility determination. Jia’s implausible testimony concerning his submission of a corruption complaint to the local government goes to the heart of his claim that he was persecuted for protesting government corruption.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/30/06-73222.pdf

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Perez v. Holder

Posted in Unpublished Ninth Circuit by newimmigrationcases on September 30, 2009

The BIA acted within its discretion in denying petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s order.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/30/07-71614.pdf

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Madrigal v. Holder

Posted in Unpublished Ninth Circuit by newimmigrationcases on September 30, 2009

The Court lacks jurisdiction to review the agency’s discretionary determination that Madrigal failed to show exceptional and extremely unusual hardship to a
qualifying relative. Trying to recast traditional abuse of discretion challenges as due process claims, as Madrigal does, does not constitute colorable constitutional claims that would invoke the Court’s jurisdiction.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/30/07-71649.pdf

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Bello-Rodrigues v. Holder

Posted in Unpublished Ninth Circuit by newimmigrationcases on September 30, 2009

Bello-Rodrigues’ contention that the IJ violated due process by failing to include hardship to his daughter is not persuasive, and he has not established prejudice from the alleged violation. His bias claim also fails because the proceedings were not so fundamentally unfair that he was prevented from reasonably presenting his case.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/30/07-72558.pdf

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Singh v. Holder

Posted in Unpublished Ninth Circuit by newimmigrationcases on September 30, 2009

**Terrorism bar; Khalistan Commando Force, material support; CAT changed circumstances**

Substantial evidence supports the BIA’s determination that Singh engaged in terrorist related activity by providing material support in the form of overnight accomodation and food to a terrorist group, the Khalistan Commando Force (“KCF”), during a one year period. Singh’s arguement that he did not “knowingly” provide material support to
terrorists because his cognitive ability was limited by his fifth grade education and the electric shock therapy that he underwent in 1981 to treat a head injury fails because he testified that he knew they were “militants” who “demand[ed] their rights with the help of arms.” Further, his uncle was forced to flee India because the police suspected he was hiding explosives for the KCF and that the KCF members Singh sheltered came to his house “secretly at night” because they were wanted by the police. In addition to being barred from asylum, State Department reports show that the widespread abuse of Sikhs by the Indian government that had been present in the 1990s ceased
to exist from 1996 to 2000 and that while the Indian government continued to arrest supporters of a Sikh state, arrests have been limited to prominent leaders of pro-Sikh groups. Singh testified that he was not a member of any such group, nor was he a prominent leader.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/30/07-74514.pdf

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