The California Supreme Court reversed and directed the trial court to grant the motion, vacate the convictions, and conduct further proceedings. Counsel’s generalized and inaccurate advice did not give Hernandez the concrete understanding needed to make an informed plea decision.
The Ninth Circuit remanded asylum and cancellation issues because immigration adjudicators relied on non-elements of the conviction and failed to address material evidence of responsibility.
The agency permissibly treated a California DUI involving severe intoxication and an accessible loaded firearm as a particularly serious crime.
The Ninth Circuit upheld the statutory good-moral-character bar because the petitioner served more than 180 days in custody as a result of a DUI conviction.
The Ninth Circuit held that Oregon felony assault committed in front of a household child categorically qualifies as a removable child-abuse offense.
In its first post-Loper Bright interpretation of the federal immigration removal ground for crimes of child abuse, the Ninth Circuit holds that the statute covers child endangerment, requires criminal negligence mens rea, and applies regardless of whether the defendant is the child’s parent —
The Ninth Circuit granted Chanh Huy Luong’s petition for review and remanded to the BIA, holding that equitable tolling diligence must be measured from when the petitioner actually faced imminent removal risk — not from a 1992 removal order that was unenforceable for decades — and that the BIA
The Ninth Circuit held that a California conviction for assault with a firearm under Penal Code § 245(a)(2) is not a deportable aggravated felony, vacating a removal order and signaling that thousands of similarly situated non-citizens may have grounds for relief.
Ninth Circuit affirms the Central District of California’s refusal to dismiss an illegal reentry charge under 8 U.S.C. § 1326(d), holding that even assuming ineffective immigration counsel, the defendant’s extensive criminal record and lack of rehabilitation made it implausible that he w
Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.