A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
This past week the Supreme Court held that a noncitizen who is applying for cancellation of removal has the burden to prove that they are eligible for relief. That seems simple enough; why, you might ask, is this case before Continue reading “I’ll Never Be Your Beast of Burden” (Unless You’re a Noncitizen) – Pereida v. Wilkinson
The Ninth Circuit has deferred to the Board of Immigration Appeals (BIA) holding that a conviction for animal cruelty is categorically a crime involving moral turpitude (CIMT). Ortega-Lopez v. Barr, No. 18-72441 (9th Cir. Oct. 20, 2020). Of even more Continue reading A CONVICTION FOR ANIMAL CRUELTY IS CATEGORICALLY A CRIME INVOLVING MORAL TURPITUDE
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
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
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