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Immigration Law

7 articles

Federal Circuit
•4 min read
Ninth Circuit Court of Appeals

9th Circuit Reviews Indonesian National's Immigration Appeal

The Ninth Circuit Court of Appeals issued a memorandum decision in the case of Hendri Phang, an Indonesian citizen challenging the Board of Immigration Appeals' denial of his motion to reopen removal proceedings. The court partially granted and partially denied Phang's petition for review.

•Ninth Circuit partially granted Indonesian national Hendri Phang's immigration appeal
•BIA properly denied motion to reopen but failed to address sua sponte reopening request
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Federal Circuit
•4 min read
Ninth Circuit Court of Appeals

9th Circuit: Traffic Jam from Car Accidents Justifies Reopening Removal

The Ninth Circuit Court of Appeals ruled en banc that immigration judges abused their discretion by denying a family's motion to reopen their in-absentia removal orders when they missed court due to traffic caused by major car accidents. The February 5, 2026 decision in Montejo-Gonzalez v. Bondi provides new guidance on what constitutes 'exceptional circumstances' in immigration proceedings.

•Ninth Circuit en banc court ruled traffic from major car accidents constitutes 'exceptional circumstances' for reopening removal orders
•Immigration judges and BIA abused discretion by denying family's motion to reopen after missing court due to accident-related traffic
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Federal Circuit
•4 min read
Fourth Circuit Court of Appeals

4th Circuit Affirms Lower Court in Immigration Rights Challenge

The Fourth Circuit Court of Appeals affirmed a federal district court ruling in a case brought by ten immigrant advocacy organizations challenging policies under Department of Homeland Security Secretary Kristi Noem and U.S. Citizenship and Immigration Services.

•Fourth Circuit affirmed lower court ruling in 2-1 decision favoring federal defendants
•Ten immigrant advocacy organizations challenged DHS and USCIS policies under current leadership
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Federal Circuit
•2 min read
Second Circuit Court of Appeals

Second Circuit Grants Immigration Appeal in Andrade v. Bondi, Vacates Removal Order

The U.S. Court of Appeals for the Second Circuit issued a summary order on January 16, 2026, granting Jorge Alberto Andrade's petition for review in his immigration case against Attorney General Pamela Bondi. The federal appeals court vacated the removal order and remanded the case, finding that the immigration court failed to properly consider evidence related to Andrade's Convention Against Torture claim.

•Second Circuit Court of Appeals granted Jorge Alberto Andrade's immigration petition on January 16, 2026, vacating his removal order
•Case involved Andrade's Convention Against Torture claim challenging potential torture if removed to his home country
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State Court
•4 min read
Nevada Supreme Court

Nevada Supreme Court Reverses Sexual Assault Conviction Over Miranda Rights

The Nevada Supreme Court reversed the sexual assault conviction of Ajay Ajay, a recent immigrant from India, ruling that police failed to properly inform him of his Miranda rights due to language barriers during questioning.

•Nevada Supreme Court reversed sexual assault conviction due to improper Miranda warning
•Defendant was recent immigrant from India who repeatedly expressed confusion and requested Hindi interpreter
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Federal Circuit
•3 min read
Fifth Circuit Court of Appeals

Fifth Circuit Denies Torture Protection for Salvadoran Gang Member

The Fifth Circuit Court of Appeals denied protection from deportation to Jose Fuentes-Pineda, a Salvadoran gang member convicted of murder who claimed he would face torture if returned to El Salvador. The court ruled that harsh prison conditions in El Salvador do not constitute government-intended torture under the Convention Against Torture.

•Fifth Circuit upheld BIA denial of Convention Against Torture protection for Salvadoran gang member
•Court found El Salvador's harsh prison conditions don't constitute intentional government torture
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Federal Circuit
•4 min read
Ninth Circuit Court of Appeals

9th Circuit Grants Immigration Petition, Orders Fresh BIA Review

The U.S. Court of Appeals for the Ninth Circuit granted a petition for review filed by Jose Israel Chamorro-Castillo, a Mexican national, reversing the Board of Immigration Appeals' dismissal of his case. The court remanded the matter for reconsideration in light of a recent en banc decision.

•Three-judge panel unanimously granted petition without oral argument on Jan. 13, 2026
•Court cited recent en banc decision Rivera-Valdes as grounds for remand to BIA
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