A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
Weekly Blog for 6.1.19 by Merle Kahn, Esq. Two interesting cases came down from the Ninth Circuit at the end of May 2019. First, the Ninth Circuit analyzes the differences between waiving an argument and forfeiting an argument. In the Continue reading WAIVER – FORFEITURE – SERIOUS NON-POLITICAL CRIMES – AND LOZADA! What a Week!
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 II The Ninth Circuit in an en banc decision, held that the Immigration Judges (IJs) must inform child immigrants of their right to all potential forms of relief that might Continue reading THE NINTH CIRCUIT HOLDS THAT IMMIGRATION JUDGES MUST INFORM ALL IMMIGRANT CHILDREN OF THE POSSIBLE FORMS OF RELIEF AVAILABLE TO THEM
Weekly Blog for 4.19.19 by Merle Kahn, Esq. Attorney General William Barr issued his first immigration decision this week. The legal reasoning and the writing hold together better than Sessions’s decisions, but the outcome is similarly horrific. The AG withdrew Continue reading THE ATTORNEY GENERAL HOLDS THAT ASYLUM SEEKERS WHO ARE TRANSFERRED TO REMOVAL PROCEEDINGS AFTER PASSING A CREDIBLE FEAR DETERMINATION ARE STATUTORILY INELIGIBLE FOR BOND
Weekly Blog for 4.12.19 by Merle Kahn, Esq. – Part II – The District Courts Over the past few weeks we have had some very interesting decisions out of the District Courts. One of the more interesting decisions is Northern Continue reading ASYLUM SEEKERS WHO HAVE PASSED A CREDIBLE FEAR INTERVIEW ARE ENTITLED TO A BOND HEARING AND, PLAINTIFFS ARE ENTITLED TO LIMITED DISCOVERY IN A CONSULAR PROCESSING CASE
Weekly Blog for 3.22.19 Part I, by Merle D. Kahn, Esq. This week the Supreme Court issued its long-awaited decision in Nielsen v. Preap about mandatory detention of noncitizens who have criminal convictions. In a five to four decision the Continue reading Supreme Court Rules That Noncitizens Who Are Removable For Criminal Convictions Are Subject to Mandatory Detention During the Pendency of Immigration Proceedings
Weekly Blog for March 9, 2019 by Merle Kahn, Esq. – Part I The Suspension Clause (Habeas Relief) Applies to Noncitizens in Expedited Removal Proceedings and the Suspension Clause ≠ Due Process An amazing decision came down from the Ninth Continue reading THE SUSPENSION CLAUSE ≠ DUE PROCESS
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?