Archive for September, 2008

The Ninth Circuit changes course regarding Visa Waivers and adjustments

Saturday, September 20th, 2008

The Courts of Appeal makes some bad decisions, some very bad decisions, and then it makes decisions like Momeni v. Chertoff [1], so devoid of analysis and so contrary to existing precedent and immigration laws, that it is unfathomable how a three-judge panel would do it. Sadly, despite the case’s being plainly contrary to existing precedent and so deeply flawed in several respects, a petition for rehearing and suggestion for rehearing en banc was denied. The decision leaves the vast…

Australia abandons controversial detention policy as the U.S. embraces one.

Monday, September 1st, 2008

In July 2008, the Australian government announced that it would relax its mandatory detention policy for arrivals to Australia who lacked proper documents to enter the country. The government’s new policy is based on the following principles: 1. Mandatory detention would apply to: a. all unauthorized arrivals, for management of health, identity and security risks to the community; b. unlawful non-citizens who present unacceptable risks to the community; and c. unlawful non-citizens who have repeatedly refused to comply with their…

What if he was a foreigner?

Monday, September 1st, 2008

Alaska Governor Sarah Palin’s daughter’s partner As reader’s of this blog may have noticed, the “What if he was a foreigner?” entries in this blog address the immigration impact of what would happen if a non-U.S. citizen committed an act or crime that a prominent person has committed. The entire point of these postings is to point out how harsh the immigration laws are and how it could impact people of prominence if they did not have the good fortune…