A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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
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 4.5.19 by Merle Kahn, Esq. One immigration case came down from the Ninth Circuit this week denying rehearing en banc about suppression of evidence in immigration proceedings. But there was a vigorous dissent which makes me think Continue reading THIRD TIME’S A CHARM! – The Ninth Circuit Denies a Sua Sponte Motion to Rehear a Suppression Case En Banc!
Weekly Blog for 3.29.19 by Merle Kahn, Esq. This week has been relatively tame in the Ninth Circuit in terms of immigration law. Only one immigration case came down but it is interesting. The Ninth Circuit held that an Oregon Continue reading Oregon Robbery is Categorically not a CIMT and Mexicans Who Have Been Living in the U.S. Who are Perceived to be Wealthy are not a PSG
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 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
“It is time to recognize another failed enterprise.” Islas-Veloz v. Whitaker, No. 15-73120, slip op. at *27 (9th Cir. Feb. 4, 2019) (Fletcher, J., concurring). You might be wondering what the “failed enterprise” is to which Judge Fletcher is referring. Continue reading IS A NON-FRAUDULENT CIMT UNCONSTITUTIONALLY VAGUE? SHOULD IT BE?
The Ninth Circuit issued its Pereira decision this week and I, for one, am very disappointed. I expected better from the Ninth. The Ninth Circuit basically allows the Department of Justice to regulate away the applicable statute under the guise Continue reading NINTH CIRCUIT HOLDS THAT A NTA THAT LACKS TIME AND PLACE OF HEARING STILL CONFERS JURISDICTION ON THE IMMIGRATION COURT – Pereira Does not Apply
The courts and the Board of Immigration Appeals (BIA) have started off 2019 relatively quietly in immigration law – perhaps due to the government shutdown. Two immigration-adjacent cases came out of the Ninth this past week. One is a fascinating Continue reading SECOND AMENDMENT RIGHTS FOR UNDOCUMENTED IMMIGRANTS AND ROBBERY IS A THEFT OFFENSE