A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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
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 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
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
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?
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?
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?
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
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
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