A Review of Ninth Circuit and BIA Decisions by Merle D. Kahn, Esq.
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!
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