A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
The Supreme Court issued its first and only crim/imm opinion of the term. It was a day of excitement and sadness for crim/imm fanatics (such as me) because who doesn’t love a good crim/imm case? I mean do Supreme Court Continue reading THE SUPREME COURT’S SOLE CRIM/IMM DECISION FOR THE 2023 TERM: OBSTRUCTION OF JUSTICE AND “OBSTRUCTION-ADJACENT” CONVICTIONS
The BIA issued a much-awaited decision on choice of law. In other words, when the immigrant is in one circuit, and the Immigration Court is in a different circuit, which court of appeals rulings should EOIR use? The quick answer Continue reading IN A DECONSTRUCTED COURT SYSTEM, WHICH CIRCUIT’S LAW APPLIES? AND PATEL MAY BE REARING ITS UGLY HEAD
After a very long hiatus, “Top of the Ninth” is back – though maybe at a slightly different pace. In an attempt to get more work/life balance, I stopped blogging. I went full-on Marie Kondo, thanked everything in my life Continue reading CROSS-APPEALS AND THE TEN-YEAR BAR – We are Back Baby!
This past week the Supreme Court held that a noncitizen who is applying for cancellation of removal has the burden to prove that they are eligible for relief. That seems simple enough; why, you might ask, is this case before Continue reading “I’ll Never Be Your Beast of Burden” (Unless You’re a Noncitizen) – Pereida v. Wilkinson
The BIA adopts an original jurisprudential doctrine of truthiness in adjudicating CAT claims. Continue reading THE BIA ADOPTS AN ORIGINAL NOVEL DOCTRINE OF JURISPRUDENCE – TRUTHINESS
The Ninth Circuit issues rejoinder to the BIA regarding expert testimony and clarifies the standard for motions to reopen in absentia cases based on ineffective assistance of counsel. Continue reading The Ninth Circuit is Fighting Back! And Motions to Reopen In Absentia Hearings Just Got a Little Easier!
This week the Ninth Circuit held that to determine the immigration effect of a criminal conviction the adjudicator must consider the statute at the time of the conviction. Remember The Great Gatsby from high school? Remember how Jay Gatsby desperately Continue reading It’s Futile to Try to Change the Future by Changing Your Past – At Least in Immigration Law
“All happy families are alike; each unhappy family is unhappy in its own way.” Leo Tolstoy, Anna Karenina. I don’t think that quotation is accurate, but I am always happy to quote one of my favorite opening lines from one Continue reading Til Death Do Us Part or Until USCIS Suspects That the Marriage is Fraudulent
The Ninth Circuit has deferred to the Board of Immigration Appeals (BIA) holding that a conviction for animal cruelty is categorically a crime involving moral turpitude (CIMT). Ortega-Lopez v. Barr, No. 18-72441 (9th Cir. Oct. 20, 2020). Of even more Continue reading A CONVICTION FOR ANIMAL CRUELTY IS CATEGORICALLY A CRIME INVOLVING MORAL TURPITUDE
I live near Castroville, California the self-proclaimed artichoke capital of the world. I love artichokes. You get to nibble on the leaves of the artichoke and peel them away until you get to the thistles and cut them away until Continue reading EATING AN ARTICHOKE: OR OREGON DELIVERY OF CANNABIS IS CATEGORICALLY NOT AN AGGRAVATED FELONY DRUG TRAFFICKING OFFENSE