Archive for March, 2010

Beware of secondary source errors when conducting legal research.

Sunday, March 28th, 2010

Something very big is happening in May at a U.S. Consulate abroad. More details later, but rest assured, if all goes well, it could be a highlight of my career. To prepare, I had to do some research today. What I learned is that sometimes writers can be very careless. They write things that just are not so, or at least appear not to be so. The issue I was researching is the effect of the 10-year bar at INA…

The Ninth Circuit Issues a Counterpunch to Aden in Chawla

Sunday, March 28th, 2010

On February 14, 2009, I posted a column on Aden v. Holder in which the Ninth Circuit Court of Appeals denied the appeal of the denial of an asylum case for a Somali, Hassan Aden, because of his failure to present evidence requested by the immigration judge. The judge requested corroboration regarding the existence of the clan Mr. Aden asserted he belonged to and Mr. Aden’s membership in it. Mr. Aden presented some evidence, letters from three people from Minneapolis, Minnesota, the…

If you leave, there’s no coming back.

Sunday, March 7th, 2010

In 2005, immigration lawyers were all embroiled in advocacy and outrage over REAL ID legislation pending in Congress. The media covered the major purpose of the bill, requiring the states to issue drivers licenses and other identification only to documented aliens. The fact that undocumented aliens now cannot get drivers licenses or renew existing licenses in most states is attributable to the REAL ID Act. Immigration lawyers were not that involved in ID issues. Rather there were other aspects of…