A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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
Weekly Blog for 4.19.19 by Merle Kahn, Esq. Attorney General William Barr issued his first immigration decision this week. The legal reasoning and the writing hold together better than Sessions’s decisions, but the outcome is similarly horrific. The AG withdrew Continue reading THE ATTORNEY GENERAL HOLDS THAT ASYLUM SEEKERS WHO ARE TRANSFERRED TO REMOVAL PROCEEDINGS AFTER PASSING A CREDIBLE FEAR DETERMINATION ARE STATUTORILY INELIGIBLE FOR BOND
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
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
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 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