A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
This past week the Supreme Court held that a noncitizen who is applying for cancellation of removal has the burden to prove that they are eligible for relief. That seems simple enough; why, you might ask, is this case before Continue reading “I’ll Never Be Your Beast of Burden” (Unless You’re a Noncitizen) – Pereida v. Wilkinson
This week the Ninth Circuit held that to determine the immigration effect of a criminal conviction the adjudicator must consider the statute at the time of the conviction. Remember The Great Gatsby from high school? Remember how Jay Gatsby desperately Continue reading It’s Futile to Try to Change the Future by Changing Your Past – At Least in Immigration Law
The Ninth Circuit has deferred to the Board of Immigration Appeals (BIA) holding that a conviction for animal cruelty is categorically a crime involving moral turpitude (CIMT). Ortega-Lopez v. Barr, No. 18-72441 (9th Cir. Oct. 20, 2020). Of even more Continue reading A CONVICTION FOR ANIMAL CRUELTY IS CATEGORICALLY A CRIME INVOLVING MORAL TURPITUDE
In the words of the immortal Yogi Berra, it’s déjà vu all over again. Believe it or not, we are dealing with a case involving res judicata (aka claim preclusion) in immigration court. As an immigration practitioner, one of the Continue reading IT’S DÉJÀ VU ALL OVER AGAIN! RES JUDICATA IS ALIVE AND WELL IN IMMIGRATION COURT
Weekly Blog for 5.3.19 by Merle D. Kahn, Esq. Part I That headline might be a little hyperbolic, but, in a rare en banc decision, the Board of Immigration Appeals (BIA) held that the “stop time rule” is triggered by Continue reading THE BIA OVERRULES THE SUPREME COURT – FOR NOW