Category Archives: Habeas

THE DISTRICT COURT RULES ON MANDATORY DETENTION FOR ASYLUM SEEKERS AND DECLARES THAT INA § 235(b)(1)(B)(ii) IS UNCONSTITUTIONAL!

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Special Blog on the District Court Decision in Padilla v. U.S. ICE by Merle Kahn, Esq. I am writing a special blog on the District Court’s decision in Padilla v. U.S. Immigration and Customs Enforcement, No. C18-928 MJP (W.D. Wash. Continue reading THE DISTRICT COURT RULES ON MANDATORY DETENTION FOR ASYLUM SEEKERS AND DECLARES THAT INA § 235(b)(1)(B)(ii) IS UNCONSTITUTIONAL!→

THE ATTORNEY GENERAL HOLDS THAT ASYLUM SEEKERS WHO ARE TRANSFERRED TO REMOVAL PROCEEDINGS AFTER PASSING A CREDIBLE FEAR DETERMINATION ARE STATUTORILY INELIGIBLE FOR BOND

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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→

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

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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→