A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
This week a rather bizarre immigration case came down from the Ninth Circuit. Not that the case itself is bizarre, but rather the posture of the case is bizarre. The issue is, what is the standard for a review for Continue reading WHAT IS THE STANDARD OF REVIEW FOR A CREDIBILITY DETERMINATION UNDER REAL ID?
When does one scheme of misconduct end and another begin? I mean, “Everything has to come to an end, sometime.” L. Frank Baum, The Marvelous Land of Oz. But, in immigration law, when is that point? When does something come to an Continue reading WHAT IS A SEPARATE SCHEME OF MISCONDUCT FOR CIMTS? WHEN DOES ONE SCHEME END AND A SECOND ONE BEGIN?
“It is time to recognize another failed enterprise.” Islas-Veloz v. Whitaker, No. 15-73120, slip op. at *27 (9th Cir. Feb. 4, 2019) (Fletcher, J., concurring). You might be wondering what the “failed enterprise” is to which Judge Fletcher is referring. Continue reading IS A NON-FRAUDULENT CIMT UNCONSTITUTIONALLY VAGUE? SHOULD IT BE?
The Ninth Circuit issued its Pereira decision this week and I, for one, am very disappointed. I expected better from the Ninth. The Ninth Circuit basically allows the Department of Justice to regulate away the applicable statute under the guise Continue reading NINTH CIRCUIT HOLDS THAT A NTA THAT LACKS TIME AND PLACE OF HEARING STILL CONFERS JURISDICTION ON THE IMMIGRATION COURT – Pereira Does not Apply