Category Archives: Pereira

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

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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→

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 – Part I of the Three-Part Blog

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Weekly Blog for 5.24.19 Part I 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 other words, the Ninth 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 – Part I of the Three-Part Blog→

THE BIA OVERRULES THE SUPREME COURT – FOR NOW

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Weekly Blog for 5.3.19 by Merle D. Kahn, Esq. Part I That headline might be a little hyperbolic, but, in a rare en banc decision, the Board of Immigration Appeals (BIA) held that the “stop time rule” is triggered by Continue reading THE BIA OVERRULES THE SUPREME COURT – FOR NOW→

NINTH CIRCUIT HOLDS THAT A NTA THAT LACKS TIME AND PLACE OF HEARING STILL CONFERS JURISDICTION ON THE IMMIGRATION COURT – Pereira Does not Apply

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The Ninth Circuit issued its Pereira decision this week and I, for one, am very disappointed.  I expected better from the Ninth.  The Ninth Circuit basically allows the Department of Justice to regulate away the applicable statute under the guise Continue reading NINTH CIRCUIT HOLDS THAT A NTA THAT LACKS TIME AND PLACE OF HEARING STILL CONFERS JURISDICTION ON THE IMMIGRATION COURT – Pereira Does not Apply→

CIMTs ARE NOT UNCONSTITUTIONALLY VAGUE; AND A NONCITIZEN’S SIGNATURE ON AN IMMIGRATION FORM CREATES A PRESUMPTION THAT THEY KNEW WHAT WAS ON THE FORM; PLUS MORE PEREIRA

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This past week the Ninth Circuit held (once again) that crimes involving moral turpitude (CIMTs) are not unconstitutionally vague and that a finding that a crime was a CIMT was not impermissibly retroactive.  The BIA held that noncitizens are generally Continue reading CIMTs ARE NOT UNCONSTITUTIONALLY VAGUE; AND A NONCITIZEN’S SIGNATURE ON AN IMMIGRATION FORM CREATES A PRESUMPTION THAT THEY KNEW WHAT WAS ON THE FORM; PLUS MORE PEREIRA→

The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court

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While the Board of Immigration Appeals (BIA) may have found that Pereira is a very limited decision that has nothing to do with anything, the district courts have been finding that the Notices to Appear (NTA) that lack the date Continue reading The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court→

Harboring a Noncitizen and Marital Privilege

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“[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→

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→