Category Archives: Constitutional Law

The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court

Posted on by — No Comments ↓

While the Board of Immigration Appeals (BIA) may have found that Pereira is a very limited decision that has nothing to do with anything, the district courts have been finding that the Notices to Appear (NTA) that lack the date Continue reading The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court→

Separation of Powers And Executive Overreach

Posted on by — No Comments ↓

The unspoken theme of the last few weeks within immigration law has been the issue of the separation of powers – but not the usual issue of the Judiciary usurping the powers of the other two branches.  Instead, the issue Continue reading Separation of Powers And Executive Overreach→

Harboring a Noncitizen and Marital Privilege

Posted on by — No Comments ↓

“[J]ust as a block of wood is not a pencil if it lacks some kind of pigmented core to write with, a piece of paper is not a notice to appear absent notification of the time and place of a Continue reading Harboring a Noncitizen and Marital Privilege→

CIMT’S ARE NOT UNCONSTITUTIONALLY VAGUE; NO HABEAS JURISDICTION OVER UNACCOMPANIED CHILDREN; AND, A GOOD PEREIRA ARGUMENT

Posted on by — No Comments ↓

Weekly Blog for 11.23.18 By Merle D. Kahn, Esq. I am writing this blog from San Jose, California, hundreds of miles from the wildfires, I have been sitting inside for the past week, finding it difficult to breathe, and thinking Continue reading CIMT’S ARE NOT UNCONSTITUTIONALLY VAGUE; NO HABEAS JURISDICTION OVER UNACCOMPANIED CHILDREN; AND, A GOOD PEREIRA ARGUMENT→