Month: December 2018

CIMTs ARE NOT UNCONSTITUTIONALLY VAGUE; AND A NONCITIZEN’S SIGNATURE ON AN IMMIGRATION FORM CREATES A PRESUMPTION THAT THEY KNEW WHAT WAS ON THE FORM; PLUS MORE PEREIRA

Posted on by — No Comments ↓

This past week the Ninth Circuit held (once again) that crimes involving moral turpitude (CIMTs) are not unconstitutionally vague and that a finding that a crime was a CIMT was not impermissibly retroactive.  The BIA held that noncitizens are generally Continue reading CIMTs ARE NOT UNCONSTITUTIONALLY VAGUE; AND A NONCITIZEN’S SIGNATURE ON AN IMMIGRATION FORM CREATES A PRESUMPTION THAT THEY KNEW WHAT WAS ON THE FORM; PLUS MORE PEREIRA→

District Courts Push Back on the Trump Administrations Immigration Policies

Posted on by — No Comments ↓

DISTRICT COURT DECISIONS “[I]t is the will of Congress – not the whims of the Executive – that determine the standard for expedited removal.”  Grace et al. v. Whitaker, No. 18-cv-01853 (EGS) slip op. at *3 (D. DC Dec. 19, Continue reading District Courts Push Back on the Trump Administrations Immigration Policies→

The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court

Posted on by — No Comments ↓

While the Board of Immigration Appeals (BIA) may have found that Pereira is a very limited decision that has nothing to do with anything, the district courts have been finding that the Notices to Appear (NTA) that lack the date Continue reading The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court→

Separation of Powers And Executive Overreach

Posted on by — No Comments ↓

The unspoken theme of the last few weeks within immigration law has been the issue of the separation of powers – but not the usual issue of the Judiciary usurping the powers of the other two branches.  Instead, the issue Continue reading Separation of Powers And Executive Overreach→