A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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!
Weekly Blog for 6.1.19 by Merle Kahn, Esq. Two interesting cases came down from the Ninth Circuit at the end of May 2019. First, the Ninth Circuit analyzes the differences between waiving an argument and forfeiting an argument. In the Continue reading WAIVER – FORFEITURE – SERIOUS NON-POLITICAL CRIMES – AND LOZADA! What a Week!
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 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