Category Archives: Mandatory Detention

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 Ninth Circuit Overrules the Preliminary Injunction Enjoining the Implementation of Migrant Protection Protocols

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Weekly Blog for 5.10.19 by Merle Kahn, Esq. Part I In a decision that positively flummoxed me, a three-judge panel of the Ninth Circuit in a per curiam decision overruled a District Court’s injunction enjoining the implementation of the Trump Continue reading The Ninth Circuit Overrules the Preliminary Injunction Enjoining the Implementation of Migrant Protection Protocols→

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→

ASYLUM SEEKERS WHO HAVE PASSED A CREDIBLE FEAR INTERVIEW ARE ENTITLED TO A BOND HEARING AND, PLAINTIFFS ARE ENTITLED TO LIMITED DISCOVERY IN A CONSULAR PROCESSING CASE

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Weekly Blog for 4.12.19 by Merle Kahn, Esq. – Part II – The District Courts Over the past few weeks we have had some very interesting decisions out of the District Courts.  One of the more interesting decisions is Northern Continue reading ASYLUM SEEKERS WHO HAVE PASSED A CREDIBLE FEAR INTERVIEW ARE ENTITLED TO A BOND HEARING AND, PLAINTIFFS ARE ENTITLED TO LIMITED DISCOVERY IN A CONSULAR PROCESSING CASE→

Supreme Court Rules That Noncitizens Who Are Removable For Criminal Convictions Are Subject to Mandatory Detention During the Pendency of Immigration Proceedings

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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→

AFFIDAVITS OF SUPPORT – INJUNCTIONS – & MANDATORY DETENTION

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Weekly Blog for 11.23.18 by Merle D. Kahn, Esq. The genius of American society (at least one aspect of the genius of American society) is how we have integrated refugees into our country.  (Other genius aspects of America include birth-right Continue reading AFFIDAVITS OF SUPPORT – INJUNCTIONS – & MANDATORY DETENTION→