A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
Guest Blog for 1.18.19 by Sean Patrick McGinley – Third Year Law Student – Boston College In order to better understand Lorenzo v. Whitaker, I asked our trusted guest blogger Sean Patrick McGinley a third-year law student at Boston College Continue reading THE SCIENCE BEHIND LORENZO V. WHITAKER AND LORENZO V. SESSIONS
Remember way back in August 2018, when we could say, “When is meth not meth? When it’s California meth!” It looks like those halcyon days are gone and California meth is back to being meth. It was always too good Continue reading ROBBERY IS ROBBERY – METH IS METH – AND THERE IS NO DE MINIMIS EXCEPTION TO THE MATERIAL SUPPORT BAR
The courts and the Board of Immigration Appeals (BIA) have started off 2019 relatively quietly in immigration law – perhaps due to the government shutdown. Two immigration-adjacent cases came out of the Ninth this past week. One is a fascinating Continue reading SECOND AMENDMENT RIGHTS FOR UNDOCUMENTED IMMIGRANTS AND ROBBERY IS A THEFT OFFENSE
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
DISTRICT COURT DECISIONS “[I]t is the will of Congress – not the whims of the Executive – that determine the standard for expedited removal.” Grace et al. v. Whitaker, No. 18-cv-01853 (EGS) slip op. at *3 (D. DC Dec. 19, Continue reading District Courts Push Back on the Trump Administrations Immigration Policies
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
The unspoken theme of the last few weeks within immigration law has been the issue of the separation of powers – but not the usual issue of the Judiciary usurping the powers of the other two branches. Instead, the issue Continue reading Separation of Powers And Executive Overreach
“[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
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
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