“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 ...
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? ...
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., ...
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 ...
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 ...
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 ...
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 ...
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 ...