Month: March 2019

Supreme Court Rules That Noncitizens Who Are Removable For Criminal Convictions Are Subject to Mandatory Detention During the Pendency of Immigration Proceedings

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Weekly Blog for 3.22.19 Part I, by Merle D. Kahn, Esq. This week the Supreme Court issued its long-awaited decision in Nielsen v. Preap about mandatory detention of noncitizens who have criminal convictions.  In a five to four decision the Continue reading Supreme Court Rules That Noncitizens Who Are Removable For Criminal Convictions Are Subject to Mandatory Detention During the Pendency of Immigration Proceedings→

DEATH THREATS ARE NOT ENOUGH FOR A WELL-FOUNDED FEAR OF PERSECUTION AND CALIFORNIA CHILD ABUSE MIGHT NOT BE CHILD ABUSE AFTER ALL

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Weekly Blog for March 22, 2019 Part II by Merle Kahn, Esq. This week the Supreme Court issued its long-awaited decision in Nielsen v. Preap regarding mandatory detention of noncitizens who have criminal convictions.  In a five to four decision Continue reading DEATH THREATS ARE NOT ENOUGH FOR A WELL-FOUNDED FEAR OF PERSECUTION AND CALIFORNIA CHILD ABUSE MIGHT NOT BE CHILD ABUSE AFTER ALL→

WHAT IS A CRIME OF VIOLENCE?

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Weekly Blog for 3.15.19 by Merle Kahn, Esq. What is a Crime of Violence? The BIA has been remarkably quiet since December.  They issued their last published decision on December 20, 2018.  And the Attorney General has not issued a Continue reading WHAT IS A CRIME OF VIOLENCE?→

SENTENCING ENHANCEMENTS ARE PART OF THE SENTENCE FOR PARTICULARLY SERIOUS CRIME DETERMINATIONS

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Weekly Blog for 3.9.19 Part II, by Merle Kahn, Esq. Sentencing Enhancements are Per Se Part of the Sentence for a Particularly Serious Crime Determination This week two cases came down from the Ninth Circuit and one was so amazing Continue reading SENTENCING ENHANCEMENTS ARE PART OF THE SENTENCE FOR PARTICULARLY SERIOUS CRIME DETERMINATIONS→

THE SUSPENSION CLAUSE ≠ DUE PROCESS

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Weekly Blog for March 9, 2019 by Merle Kahn, Esq. – Part I The Suspension Clause (Habeas Relief) Applies to Noncitizens in Expedited Removal Proceedings and the Suspension Clause ≠ Due Process An amazing decision came down from the Ninth Continue reading THE SUSPENSION CLAUSE ≠ DUE PROCESS→

WHEN IS A PERSON FIRMLY RESETTLED IN ANOTHER COUNTRY FOR ASYLUM PURPOSES?

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Weekly Blog for March 1, 2019 by Merle Kahn, Esq. This week the Ninth Circuit issued one immigration case.  The case revolves around when is a person firmly resettled in another country for asylum purposes.  But this case is a Continue reading WHEN IS A PERSON FIRMLY RESETTLED IN ANOTHER COUNTRY FOR ASYLUM PURPOSES?→