A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
The BIA adopts an original jurisprudential doctrine of truthiness in adjudicating CAT claims. Continue reading THE BIA ADOPTS AN ORIGINAL NOVEL DOCTRINE OF JURISPRUDENCE – TRUTHINESS
The Ninth Circuit issues rejoinder to the BIA regarding expert testimony and clarifies the standard for motions to reopen in absentia cases based on ineffective assistance of counsel. Continue reading The Ninth Circuit is Fighting Back! And Motions to Reopen In Absentia Hearings Just Got a Little Easier!
Weekly Blog for 6.1.19 by Merle Kahn, Esq. Two interesting cases came down from the Ninth Circuit at the end of May 2019. First, the Ninth Circuit analyzes the differences between waiving an argument and forfeiting an argument. In the Continue reading WAIVER – FORFEITURE – SERIOUS NON-POLITICAL CRIMES – AND LOZADA! What a Week!
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