Ninth Circuit takes Oshodi v. Holder en banc

Friday, May 4th, 2012

On January 29, 2012, I wrote about a Ninth Circuit decision, Oshodi v. Holder, decided by a three-judge panel consisting of Judges Diarmuid F. O’Scannlain, Johnnie B. Rawlinson, and  Robert E. Cowen (a senior circuit judge in the Third Circuit), and written by Judge Rawlinson. In the January 29, 2012, posting, I discussed and gave some analysis of the case. My concern was the change in the law the case made regarding providing corroborating evidence in asylum cases. On May 3, 2012, the Court…

Ninth Circuit panel creates an intra-circuit split in Oshodi v. Holder

Sunday, January 29th, 2012

On January 26, 2012, the Ninth Circuit filed a decision, Oshodi v. Holder, which seems to have reversed another Ninth Circuit case, Ren v. Holder, filed on August 19, 2011.    The issue in the case was corroboration of testimony in an asylum, withholding, and Convention Against Torture case. These are cases where people ask to stay in the United States because they are afraid to go home – either because they fear persecution on account of their race, religion, political…

The Ninth Circuit Advantage is Waning

Sunday, July 25th, 2010

At immigration lawyer conferences, it is not unusual to hear attorneys speaking on the arcana of immigration law to comment on the Ninth Circuit. Those from it gloat about how the law is “better” there for foreigners and those not from it bemoan that they are not there. Quite often attorneys will call me from parts of the country outside of the Ninth Circuit asking if it would be advantageous for a client to move here. It sometimes is, or…