The Ninth Circuit, sitting en banc, has granted a stay of removal to asylum and withholding petitioners while the merits of their petition remain pending. The case concerns the nexus element for asylum and withholding, including the role of Rodriguez-Zuniga v. Garland in the BIA’s analysis.
The Court concluded that the petitioners satisfied the stay standard under Nken and vacated its earlier denial of a stay. The Court also requested supplemental briefing on whether Rodriguez-Zuniga supports the BIA’s nexus ruling, whether that decision should be overruled, and whether the argument was preserved.
The full text of Rojas-Espinoza v. Blanche can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/06/09/24-7536.pdf