Padilla v. Barr

2 Citing cases

  1. Rodriguez-Zuniga v. Garland

    69 F.4th 1012 (9th Cir. 2023)   Cited 116 times
    In Rodriguez-Zuniga v. Garland, 69 F.4th 1012 (9th Cir. 2023), we held that "[w]here the record indicates that the persecutor's actual motivation for threatening a person is to extort money from a third person, the record does not compel finding that the persecutor threatened the target because of a protected characteristic such as family relation."

    Our caselaw establishes that family membership "may constitute membership in a 'particular social group,' " not that families are automatically a particular social group. Id. at 1128 (emphasis added) (quotation omitted); see Gonsalez Padilla v. Barr, 830 F. App'x 182, 184 n.2 (9th Cir. 2020) (noting that precedent "recognize[s] that 'family' could be the basis of a particular social group and it [is] error to not even consider it" (citing Rios, 807 F.3d at 1128)). Third, the dissent argues that the nexus inquiry is not about "whether the persecutors' acts were motivated by an unprotected characteristic."

  2. Hernandez v. State Pers. Bd.

    60 Cal.App.5th 873 (Cal. Ct. App. 2021)   Cited 1 times
    In Hernandez v. State Personnel Bd. (2021) 60 Cal.App.5th 873, 880 and footnote 3, 275 Cal.Rptr.3d 154, the plaintiff’s conviction under Penal Code section 273.5, which incorporates the Penal Code section 243 definition of "dating relationship," was found to be a predicate offense under the federal statute, which makes it illegal for anyone convicted of domestic violence to transport firearms via interstate commerce.

    Even recently, the federal courts continue to hold in immigration cases that Penal Code section 273.5 is categorically a crime of domestic violence. (E.g., Gonsalez Padilla v. Barr (9th Cir. 2020) 830 Fed.Appx. 182, 185.) To succeed in showing that a section 273.5 conviction is not categorically a crime of domestic violence under federal immigration law, a noncitizen would have to show a "realistic probability" that a state conviction falls outside the federal definition, not a "theoretical possibility."