A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
After a very long hiatus, “Top of the Ninth” is back – though maybe at a slightly different pace. In an attempt to get more work/life balance, I stopped blogging. I went full-on Marie Kondo, thanked everything in my life Continue reading CROSS-APPEALS AND THE TEN-YEAR BAR – We are Back Baby!
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!
In the words of the immortal Yogi Berra, it’s déjà vu all over again. Believe it or not, we are dealing with a case involving res judicata (aka claim preclusion) in immigration court. As an immigration practitioner, one of the Continue reading IT’S DÉJÀ VU ALL OVER AGAIN! RES JUDICATA IS ALIVE AND WELL IN IMMIGRATION COURT
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 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
“[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
Welcome to Top of the Ninth – a blog for immigration practitioners. This blog discusses the relevant Ninth Circuit, BIA, Attorney General, and occasional District Court decisions that will interest immigration (and maybe some criminal) lawyers. I will be posting Continue reading WELCOME TO TOP OF THE NINTH!