A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
The BIA adopts an original jurisprudential doctrine of truthiness in adjudicating CAT claims. Continue reading THE BIA ADOPTS AN ORIGINAL NOVEL DOCTRINE OF JURISPRUDENCE – TRUTHINESS
The Ninth Circuit issues rejoinder to the BIA regarding expert testimony and clarifies the standard for motions to reopen in absentia cases based on ineffective assistance of counsel. Continue reading The Ninth Circuit is Fighting Back! And Motions to Reopen In Absentia Hearings Just Got a Little Easier!
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?