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Ninth Circuit Court

The NINTH CIRCUIT COURT OF APPEALS has jurisdiction over the 9 western states including Alaska and Hawaii and the territory of Guam. It is the court of last resort to litigate immigration issues that have been tried before Immigration Judges in those 9 states and after having been appealed to the Board of Immigration Appeals (BIA).

The Ninth Circuit only reviews constitutional issues of due process of law. In other words decisions rendered by immigration judges which are within their discretion and reviewed by the BIA are only subject to review by the Ninth Circuit where the alien or immigrant was not afforded due process of law by the immigration court or the BIA.

Where a legitimate claim of an Immigration Judge denial of fundamental due process to the respondent is at issue the Circuit Court would have jurisdiction. (Whether the respondent committed a particularly serious offense. (10th Circuit 2006).

Whether a lawful permanent resident is barred from applying for U.S. citizenship for the commission of an aggravated felon beyond the 5 year good moral character period. (11th Circuit 2005)

Whether a respondent is barred from 212 (h) relief for commission of an aggravated felony. (5th Circuit 2005) Whether a respondent can apply for cancellation of removal when granted voluntary departure (9th Circuit 2006)

The above are all examples of the Circuit Court of Appeals exercising its jurisdiction over immigration issues that have been litigate by the lower courts.

This can become a very valuable tool to an alien or immigrant who has been ordered removed by an immigration judge. Counsel can file a Motion of Stay of Deportation and Petition for Review to prevent ICE from detaining or removing someone within 30 days of the removal order by the Immigration Court or the Board of Immigration Appeals.