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
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!
Everything starts from a dot. Wassily Kandinsky In a 5-4 decision by Chief Justice Roberts, the United States Supreme Court held that the Trump Administration improperly rescinded Deferred Action for Childhood Arrivals (DACA). The Supreme Court withdrew the nationwide injunction Continue reading DACA LIVES!!!!!! – FOR NOW
Can the U.S. Government Prosecute a Person for Encouraging an Undocumented Immigrant to Reside in the United States: i.e. Can Immigration Attorneys be Sentenced to Ten-Years in Federal Prison for Doing Our Jobs? This week the U.S. Supreme Court heard Continue reading Oral Argument in Sineneng-Smith: Can Attorneys and Others be Prosecuted for Encouraging Undocumented Immigrants to Stay in the United States?
Special Blog on the District Court Decision in Padilla v. U.S. ICE by Merle Kahn, Esq. I am writing a special blog on the District Court’s decision in Padilla v. U.S. Immigration and Customs Enforcement, No. C18-928 MJP (W.D. Wash. Continue reading THE DISTRICT COURT RULES ON MANDATORY DETENTION FOR ASYLUM SEEKERS AND DECLARES THAT INA § 235(b)(1)(B)(ii) IS UNCONSTITUTIONAL!
Special Blog for 6.14.19 by Merle Kahn, Esq. I’m going to start this blog out with a quotation from this case: “Our central question is whether the ICE agents were permitted to carry out preplanned mass detentions, interrogations, and arrests Continue reading THE COURTS MUST SUPPRESS EVIDENCE OF ALIENAGE IN AN ILLEGAL SEARCH AND SEIZURE OR, NO, ICE CAN’T ASK FOR YOUR PAPERS DURING A BUSINESS RAID
Weekly Blog for 5.24.19 Part II, – the BIA Decisions, by Merle Kahn, Esq. So, it turns out that the Board of Immigration Appeals cannot actually overrule the U.S. Supreme Court – at least not in the Ninth Circuit. In 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 5.24.19 Part I by Merle Kahn, Esq. So, it turns out that the Board of Immigration Appeals cannot actually overrule the U.S. Supreme Court – at least not in the Ninth Circuit. In other words, the Ninth 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 – Part I of the Three-Part Blog
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 5.3.19 by Merle D. Kahn, Esq. Part II The Ninth Circuit in an en banc decision, held that the Immigration Judges (IJs) must inform child immigrants of their right to all potential forms of relief that might Continue reading THE NINTH CIRCUIT HOLDS THAT IMMIGRATION JUDGES MUST INFORM ALL IMMIGRANT CHILDREN OF THE POSSIBLE FORMS OF RELIEF AVAILABLE TO THEM