DEATH THREATS ARE NOT ENOUGH FOR A WELL-FOUNDED FEAR OF PERSECUTION AND CALIFORNIA CHILD ABUSE MIGHT NOT BE CHILD ABUSE AFTER ALL

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Weekly Blog for March 22, 2019 Part II by Merle Kahn, Esq. This week the Supreme Court issued its long-awaited decision in Nielsen v. Preap regarding mandatory detention of noncitizens who have criminal convictions.  In a five to four decision Continue reading DEATH THREATS ARE NOT ENOUGH FOR A WELL-FOUNDED FEAR OF PERSECUTION AND CALIFORNIA CHILD ABUSE MIGHT NOT BE CHILD ABUSE AFTER ALL→

WHAT IS A CRIME OF VIOLENCE?

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Weekly Blog for 3.15.19 by Merle Kahn, Esq. What is a Crime of Violence? The BIA has been remarkably quiet since December.  They issued their last published decision on December 20, 2018.  And the Attorney General has not issued a Continue reading WHAT IS A CRIME OF VIOLENCE?→

SENTENCING ENHANCEMENTS ARE PART OF THE SENTENCE FOR PARTICULARLY SERIOUS CRIME DETERMINATIONS

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Weekly Blog for 3.9.19 Part II, by Merle Kahn, Esq. Sentencing Enhancements are Per Se Part of the Sentence for a Particularly Serious Crime Determination This week two cases came down from the Ninth Circuit and one was so amazing Continue reading SENTENCING ENHANCEMENTS ARE PART OF THE SENTENCE FOR PARTICULARLY SERIOUS CRIME DETERMINATIONS→

THE SUSPENSION CLAUSE ≠ DUE PROCESS

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Weekly Blog for March 9, 2019 by Merle Kahn, Esq. – Part I The Suspension Clause (Habeas Relief) Applies to Noncitizens in Expedited Removal Proceedings and the Suspension Clause ≠ Due Process An amazing decision came down from the Ninth Continue reading THE SUSPENSION CLAUSE ≠ DUE PROCESS→

WHEN IS A PERSON FIRMLY RESETTLED IN ANOTHER COUNTRY FOR ASYLUM PURPOSES?

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Weekly Blog for March 1, 2019 by Merle Kahn, Esq. This week the Ninth Circuit issued one immigration case.  The case revolves around when is a person firmly resettled in another country for asylum purposes.  But this case is a Continue reading WHEN IS A PERSON FIRMLY RESETTLED IN ANOTHER COUNTRY FOR ASYLUM PURPOSES?→

WHAT IS THE STANDARD OF REVIEW FOR A CREDIBILITY DETERMINATION UNDER REAL ID?

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This week a rather bizarre immigration case came down from the Ninth Circuit.  Not that the case itself is bizarre, but rather the posture of the case is bizarre.  The issue is, what is the standard for a review for Continue reading WHAT IS THE STANDARD OF REVIEW FOR A CREDIBILITY DETERMINATION UNDER REAL ID?→

WHAT IS A SEPARATE SCHEME OF MISCONDUCT FOR CIMTS? WHEN DOES ONE SCHEME END AND A SECOND ONE BEGIN?

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When does one scheme of misconduct end and another begin?  I mean, “Everything has to come to an end, sometime.” L. Frank Baum, The Marvelous Land of Oz.  But, in immigration law, when is that point?  When does something come to an Continue reading WHAT IS A SEPARATE SCHEME OF MISCONDUCT FOR CIMTS? WHEN DOES ONE SCHEME END AND A SECOND ONE BEGIN?→

IS A NON-FRAUDULENT CIMT UNCONSTITUTIONALLY VAGUE? SHOULD IT BE?

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“It is time to recognize another failed enterprise.”  Islas-Veloz v. Whitaker, No. 15-73120, slip op. at *27 (9th Cir. Feb. 4, 2019) (Fletcher, J., concurring).  You might be wondering what the “failed enterprise” is to which Judge Fletcher is referring.  Continue reading IS A NON-FRAUDULENT CIMT UNCONSTITUTIONALLY VAGUE? SHOULD IT BE?→

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→

WHEN CAN A PERSON SAFELY RELOCATE WITHIN THEIR COUNTRY FOR ASYLUM PURPOSES?

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Only one published case came down from the Ninth Circuit this week; but, that one case was out of Robert Jobe’s office, so you know it was worth reading.  The Ninth Circuit held that the Board of Immigration Appeals (BIA) Continue reading WHEN CAN A PERSON SAFELY RELOCATE WITHIN THEIR COUNTRY FOR ASYLUM PURPOSES?→