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BIA Requires Corroboration of Medical and Psychological Hardship for Cancellation of Removal

The Board of Immigration Appeals has determined that “[a] respondent’s or qualifying relative’s testimony about a medical or mental health condition will generally be insufficient to establish exceptional and extremely unusual hardship where expert testimony, reports, or medical evidence exist and could reasonably have been produced.” Thus, the testimony of the applicant’s teenage son about his suicidal ideations was deemed insufficient to demonstrate the required hardship.

The full text of Matter of Pelagio Mendoza can be found here: https://www.justice.gov/eoir/media/1434771/dl?inline

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BIA Finds that Objection to Noncompliant NTA must be Raised by Non-Citizen

The Board of Immigration Appeals has determined that only a non-citizen can raise an objection to a non-compliant Notice to Appear; an Immigration Judge may not terminate proceedings absent an objection by the non-citizen. As such, when a non-citizen fails to appear at a hearing, the Immigration Judge may not dismiss the proceedings based on the non-compliant Notice to Appear.

The full text of Matter of Lopez-Orellana an be found here: https://www.justice.gov/eoir/media/1432911/dl?inline

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Ninth Circuit Finds no Jurisdiction to REVIEW Negative Reasonable Fear Determination Absent Challenge to Reinstatement Order

The Ninth Circuit has determined that lacks jurisdiction to review the agency’s negative reasonable fear determination related to a non-citizen subject to reinstated removal order, unless the non-citizen is challenging the reinstatement order as well.

The full text of Navarette v. Bondi can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/23/24-2776.pdf

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Ninth Circuit Finds Oregon Attempted Assault Conviction to be Crime of Violence

The Ninth Circuit has determined that Oregon convictions for first third degree assault are crimes of violence. “Oregon courts have explained that attempted first-degree assault under Oregon law requires showing that a defendant took a substantial step toward causing serious physical injury to another.”

The full text of United States v. Chavez-Echeverria can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/25/24-4723.pdf

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Ninth Circuit Finds that Soviet Citizen Acted Diligently in Seeking Post-Conviction Relief and Reopening

The Ninth Circuit has determined that an ethnic Armenian who entered the United States as a Soviet citizen acted diligently in seeking post-conviction relief within a few months of being notified that Armenia was accepting certain Soviet citizens and therefore, that she was in danger of being removed. “Contrary to the government’s position at oral argument, it is unreasonable to expect a ‘stateless’ individual to take affirmative steps to challenge removability when they do not face an immediate threat of removability.” “Instead, for individuals born during the Soviet era or who are otherwise deemed ‘stateless’ for purposes of removability, we hold that it is reasonable to expect that an individual will begin to take action to challenge removability only once that individual learns that they can be removed to a country and thus are no longer ‘stateless.’”

The full text of Eskilian v. Bondi can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/02/20-72157.pdf

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Seventh Circuit Finds no Jurisdiction to Review Denial of Unlawful Presence Waiver

The Seventh Circuit has determined that federal courts lack jurisdiction to review the denial of an unlawful presence waiver. The Seventh Circuit also addressed the use of generative AI in brief writing.

The full text of Dec v. Mullin can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D03-30/C:25-2417:J:Brennan:aut:T:fnOp:N:3514236:S:0

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BIA Finds Detainee to be Flight Risk Due to Address Inconsistencies

The Board of Immigration Appeals has determined that a non-citizen is a flight risk due to inconsistencies about his address.

“The Immigration Judge did not consider the significant discrepancies in the record regarding the respondent’s residence. According to the Form I-213, Record of Deportable/Inadmissible Alien, DHS agents encountered the respondent living and working at a business that was illegally growing marijuana in Oklahoma. The respondent’s bond request worksheet asserts he was detained by immigration officials “at [his] residence.” However, in the asylum application he filed with United States Citizenship and Immigration Services, the respondent indicated that he resides in California. The respondent’s purported sponsor also claims to live at the same address in California. The respondent bears the burden of resolving discrepancies in the record, and he has not done so here.”

The full text of Matter of Z-N-L- can be found here: https://www.justice.gov/eoir/media/1430911/dl?inline

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BIA Mandates Recalendaring of Proceedings when USCIS Took 5 Years to Approve I-130

The Board of Immigration Appeals has mandated the recalendaring of a removal proceeding, even though the non-citizen was the beneficiary of an approved I-130 and was preparing to file an I-601A waiver. The Board cited the lengthy period of administrative closure that had already taken place, but failed to note that a significant part in the delay in filing the I-601A was that USCIS took more than 5 years to approve the I-130 petition filed by his spouse.

The full text of Matter of Medina Madrid can be found here: https://www.justice.gov/eoir/media/1431066/dl?inline

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Seventh Circuit Certifies Case Involving KY Receipt of Stolen Property Conviction to KY Supreme Court

The Seventh Circuit has certified the following question to the Kentucky Supreme Court: does Section 514.110 of Kentucky law (receipt of stolen property) requires something less than a subjective knowledge or belief that the property was stolen? More specifically, could a Kentucky jury convict a defendant under Section 514.110 merely by finding that a reasonable person would have known the property was stolen, even absent any evidence that the defendant deliberately avoided that knowledge? The answers to these questions will inform whether the conviction qualifies as an aggravated felony for immigration purposes.

The full text of Hassan v. Bondi can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D03-16/C:25-1049:J:Scudder:aut:T:op:N:3507655:S:0

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