BIA resists the normal way a court controls its docket.

Thursday, August 28th, 2014

A few months ago I attended a talk by a judge on the 9th Circuit Court of Appeals. She stated that about two thirds of immigration appeals before the court are resolved before the cases are briefed. Because of active efforts by the court to reduce the docket, by compelling mediation, by reviewing cases initially to see if they are properly filed, and by ruling on initial motions to dismiss, the court is working to control its docket. Recently, I…

Amnesty is here! Government, stay closed forever.

Saturday, October 5th, 2013

Voters choose whom to vote for by what is dearest to them. I remember in high school, my wood shop teacher (Back in the day, kids were offered all kinds of classes in high school such as shop, auto repair, art, music, home economics, and still learned how to read.) encouraged us to vote for politicians who voted for progressive forestry policies. Citizens vote based on a politicians views on their pet issue, be it Israel or global warming (both…

FedEx, another institution you relied on, that you should not.

Saturday, June 22nd, 2013

There were once things you could depend on. Your standard of living will be higher than your parents. New TV shows would come out in September. You’ll be taxed. You’ll die. Twinkies. Google will not be evil. FedEx will deliver your package when they say. It turns out, for the premium one pays to FedEx for next day delivery, there is little satisfaction your package will get there when they say. One study puts it at a 88 percent on…

Striving to decipher INA § 212(a)(9).

Monday, January 16th, 2012

An amazing thing about immigration law is that hot topics can be issues that have been festering for years and one would imagine would have been resolved by now. For example, the Supreme Court recently decided a case, Judulang v. Holder, a very important decision about 212(c), a relief statute that disappeared fifteen years ago and involves principally the right to seek forgiveness for  illegal conduct or convictions that took place before it disappeared. The issues in the case have…