Archive for 2019

Attorney General Barr on sentence modifications, a Friday night massacre

Sunday, October 27th, 2019

Friday afternoon. Try to wrap up what’s almost done on your desk. Deal with those nettlesome late-in-the-day emails and phone calls. Get the mail out so it will be moving across the country over the weekend. Oh, and absorb a bomb shell from the Attorney General. To begin, a little “administrative law” primer. Under the immigration laws, removal proceedings are handled by immigration judges, employees of the Department of Justice. (Yes, Virginia, the executive branch has adjudicative bodies (courts); in…

Motions to Reopen vs. Finality. Finality wins.

Sunday, July 28th, 2019

In reflecting over immigration news over the years, I notice how different the news is. In the past concern has been over new court and Board of Immigration Appeals decisions about ambiguities in the actual laws. The news still has court decisions, but not about tackling nuances in the immigration laws, but rather decisions on executive branch unilateral moves like actions concerning eligibility for release from custody, denying asylum to people who traveled through other countries on the way to…

Barr v. Pechman, Round 4

Tuesday, July 23rd, 2019

Boy, this case is really tumultouous. Yesterday, the Ninth Circuit lifted the stay it imposed on July 12, 2019, discussed at Barr v. Pechman, Round 3. Most promising to those who hope these non-citizens are afforded bond hearings is the bold portion, below, about the likelihood of success on the merits. Here’s the newest order: ENTRY UPDATED. ORIGINAL TEXT: Filed order (MARY M. SCHROEDER, WILLIAM C. CANBY and MORGAN B. CHRISTEN) The temporary stay imposed on July 12, 2019 is…

The Ninth Circuit decides Marinelarena en banc

Sunday, July 21st, 2019

Nearly two years ago, I blogged  about Marinelarena v. Sessions (Marinelarena I),  a case dealing with eligibility for relief for people who have committed crimes that may render them ineligible for relief because of the nature of the crimes. The relatively in depth discussion the earlier blog will get you up to speed on the issues. The Marinelarena I decision boiled down to this: 1. Certain crimes can render a person removable. 2. Certain crimes can render a person ineligible…