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
I live near Castroville, California the self-proclaimed artichoke capital of the world. I love artichokes. You get to nibble on the leaves of the artichoke and peel them away until you get to the thistles and cut them away until Continue reading EATING AN ARTICHOKE: OR OREGON DELIVERY OF CANNABIS IS CATEGORICALLY NOT AN AGGRAVATED FELONY DRUG TRAFFICKING OFFENSE
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?
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
Remember way back in August 2018, when we could say, “When is meth not meth? When it’s California meth!” It looks like those halcyon days are gone and California meth is back to being meth. It was always too good Continue reading ROBBERY IS ROBBERY – METH IS METH – AND THERE IS NO DE MINIMIS EXCEPTION TO THE MATERIAL SUPPORT BAR
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