A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
Weekly Blog for 5.10.19 Part II by Merle Kahn, Esq. The Ninth Circuit issued (what I believe is its first decision) on the effect of California Proposition 64 (the legalization of cannabis in the State of California). It was not Continue reading The Ninth Circuit Takes a Stab at California’s Prop 64 – Legalizing Cannabis – And Further Defines Crimes of Violence
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
Weekly Blog for 5.3.19 by Merle D. Kahn, Esq. Part II The Ninth Circuit in an en banc decision, held that the Immigration Judges (IJs) must inform child immigrants of their right to all potential forms of relief that might Continue reading THE NINTH CIRCUIT HOLDS THAT IMMIGRATION JUDGES MUST INFORM ALL IMMIGRANT CHILDREN OF THE POSSIBLE FORMS OF RELIEF AVAILABLE TO THEM
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
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
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
Weekly Blog for 4.12.19 by Merle Kahn, Esq. After nearly five months of silence the Board of Immigration Appeals (BIA) issued its first published decision this week. I was expecting a decision that would make me want to run to Continue reading THE BIA HOLDS THAT A FEDERAL CONVICTION FOR KIDNAPPING IS NOT AN AGGRAVATED FELONY UNDER THE INA
Weekly Blog for 4.5.19 by Merle Kahn, Esq. One immigration case came down from the Ninth Circuit this week denying rehearing en banc about suppression of evidence in immigration proceedings. But there was a vigorous dissent which makes me think Continue reading THIRD TIME’S A CHARM! – The Ninth Circuit Denies a Sua Sponte Motion to Rehear a Suppression Case En Banc!
Weekly Blog for 3.29.19 by Merle Kahn, Esq. This week has been relatively tame in the Ninth Circuit in terms of immigration law. Only one immigration case came down but it is interesting. The Ninth Circuit held that an Oregon Continue reading Oregon Robbery is Categorically not a CIMT and Mexicans Who Have Been Living in the U.S. Who are Perceived to be Wealthy are not a PSG
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