A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
This week the Attorney General (AG) spun the combination lock on the vault of seemingly finalized Board of Immigration Appeals (BIA) decisions – pulled out an asylum grant – vacated the decision – and remanded it to the BIA for Continue reading Attorney General Issues New Decision Questioning a Grant of Asylum and Tightening Appellate Review of Asylum Decisions
Weekly Blog for 5.24.19 Part III, by Merle Kahn, Esq. After a week of silence, the Ninth Circuit overruled the BIA’s ruling overruling the Supreme Court’s decision in Pereira. On the very same day, the BIA issued two cases further Continue reading The Ninth Circuit Overturns the BIA’s Ruling Overturning the Supreme Court; the BIA Further Tries to Restrict the Scope of Pereira and Parole ≠ Admission
Weekly Blog for 5.10.19 by Merle Kahn, Esq. Part I In a decision that positively flummoxed me, a three-judge panel of the Ninth Circuit in a per curiam decision overruled a District Court’s injunction enjoining the implementation of the Trump Continue reading The Ninth Circuit Overrules the Preliminary Injunction Enjoining the Implementation of Migrant Protection Protocols
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 4.12.19 by Merle Kahn, Esq. – Part II – The District Courts Over the past few weeks we have had some very interesting decisions out of the District Courts. One of the more interesting decisions is Northern Continue reading ASYLUM SEEKERS WHO HAVE PASSED A CREDIBLE FEAR INTERVIEW ARE ENTITLED TO A BOND HEARING AND, PLAINTIFFS ARE ENTITLED TO LIMITED DISCOVERY IN A CONSULAR PROCESSING CASE
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 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?
Only one published case came down from the Ninth Circuit this week; but, that one case was out of Robert Jobe’s office, so you know it was worth reading. The Ninth Circuit held that the Board of Immigration Appeals (BIA) Continue reading WHEN CAN A PERSON SAFELY RELOCATE WITHIN THEIR COUNTRY FOR ASYLUM PURPOSES?
Remember way back in August 2018, when we could say, “When is meth not meth? When it’s California meth!” It looks like those halcyon days are gone and California meth is back to being meth. It was always too good Continue reading ROBBERY IS ROBBERY – METH IS METH – AND THERE IS NO DE MINIMIS EXCEPTION TO THE MATERIAL SUPPORT BAR
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