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“I’ll Never Be Your Beast of Burden” (Unless You’re a Noncitizen) –Pereida v. Wilkinson
“I’ll Never Be Your Beast of Burden” (Unless You’re a Noncitizen) –Pereida v. Wilkinson

This past week the Supreme Court held that a noncitizen who is applying for cancellation of removal has the burden to prove that they are eligible for relief. That seems simple enough; why, you might ask, is this case before the Supreme Court? Ahh, well that is where this ...

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Blog posts in Immigration Defense

  • Top of the Ninth: Immigration Crimes Involving Moral Turpitude. What exactly is a single scheme of misconduct? When does one crime end and a second one begin?

    When discussing immigration deportability for two or more crimes involving moral turpitude, when does one scheme of misconduct end and another begin? ...

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  • Top of the Ninth: The Ninth Circuit Again Holds that an Immigration CIMT is not Unconstitutionally Vague

    “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., ...

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  • Top of the Ninth: The Ninth Circuit Rules Pereira Doesn't Apply to Immigration Court Jurisdiction - So What Now?

    The Ninth Circuit issued its Pereira decision this week and I, for one, am very disappointed. The Ninth Circuit basically allows the Department of ...

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  • Top of the Ninth - Guest blog: The Science Behind Lorenzo v. Whitaker and Lorenzo v. Sessions

    In order to better understand Lorenzo v. Whitaker , I asked our trusted guest blogger Sean Patrick McGinley a third-year law student at Boston College ...

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  • Top of the Ninth: Second Amendment Rights for Undocumented Immigrants and Robbery is An Aggravated Felony as a Theft Offense

    The courts and the Board of Immigration Appeals (BIA) started 2019 in a relatively quiet fashion in immigration law – perhaps due to the government ...

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  • Top of the Ninth: BIA Certification and 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 ...

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  • Top of the Ninth: The Putative A.G., TRO, and the First Amendment

    The unspoken theme of the last few weeks within immigration law has been the issue of the separation of powers – but not the usual issue of the ...

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  • Top of the Ninth: Part One: 288c and PSC

    Part I: 288c and PSC After being very quiet for a few weeks and issuing no opinions on certain days, the Ninth Circuit made up for it this past week ...

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  • Top of the Ninth: Convention Against Torture (CAT) and 245k

    This week I am blogging from the AILA California Chapters’ Conference in San Diego. I am so happy to be surrounded by like-minded immigration lawyers ...

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