A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
The BIA issued a much-awaited decision on choice of law. In other words, when the immigrant is in one circuit, and the Immigration Court is in a different circuit, which court of appeals rulings should EOIR use? The quick answer Continue reading IN A DECONSTRUCTED COURT SYSTEM, WHICH CIRCUIT’S LAW APPLIES? AND PATEL MAY BE REARING ITS UGLY HEAD
The Ninth Circuit issued its Pereira decision this week and I, for one, am very disappointed. I expected better from the Ninth. The Ninth Circuit basically allows the Department of Justice to regulate away the applicable statute under the guise Continue reading NINTH CIRCUIT HOLDS THAT A NTA THAT LACKS TIME AND PLACE OF HEARING STILL CONFERS JURISDICTION ON THE IMMIGRATION COURT – Pereira Does not Apply
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
While the Board of Immigration Appeals (BIA) may have found that Pereira is a very limited decision that has nothing to do with anything, the district courts have been finding that the Notices to Appear (NTA) that lack the date Continue reading The Ninth Circuit Lacks Jurisdiction to Review the BIA’s Discretionary Refusal to Certify a Case To the BIA and the District Court of Nevada Holds that a Putative NTA Does Not Confer Jurisdiction on the Immigration Court