A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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
Weekly Blog for 3.29.19 by Merle Kahn, Esq. This week has been relatively tame in the Ninth Circuit in terms of immigration law. Only one immigration case came down but it is interesting. The Ninth Circuit held that an Oregon Continue reading Oregon Robbery is Categorically not a CIMT and Mexicans Who Have Been Living in the U.S. Who are Perceived to be Wealthy are not a PSG
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?
“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?
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
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