A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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
This week the Attorney General (AG) spun the combination lock on the vault of seemingly finalized Board of Immigration Appeals (BIA) decisions – pulled out an asylum grant – vacated the decision – and remanded it to the BIA for Continue reading Attorney General Issues New Decision Questioning a Grant of Asylum and Tightening Appellate Review of Asylum Decisions
Everything starts from a dot. Wassily Kandinsky In a 5-4 decision by Chief Justice Roberts, the United States Supreme Court held that the Trump Administration improperly rescinded Deferred Action for Childhood Arrivals (DACA). The Supreme Court withdrew the nationwide injunction Continue reading DACA LIVES!!!!!! – FOR NOW
Can the U.S. Government Prosecute a Person for Encouraging an Undocumented Immigrant to Reside in the United States: i.e. Can Immigration Attorneys be Sentenced to Ten-Years in Federal Prison for Doing Our Jobs? This week the U.S. Supreme Court heard Continue reading Oral Argument in Sineneng-Smith: Can Attorneys and Others be Prosecuted for Encouraging Undocumented Immigrants to Stay in the United States?
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!
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!
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 III, by Merle Kahn, Esq. After a week of silence, the Ninth Circuit overruled the BIA’s ruling overruling the Supreme Court’s decision in Pereira. On the very same day, the BIA issued two cases further 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 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 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