Archive for 2021

The literalness rule in Niz-Chavez promises more surprises.

Sunday, November 14th, 2021

  There’s so much activity around “stop-time,” you’d think it affected a lot of people. Well, it does and it doesn’t. I’ve written about it before, like here  and here. To refresh, for certain types of relief from removal, Cancellation for Certain Permanent Residents and Cancellation of Removal for Certain Nonpermanent Residents, there are time of residence and physical presence requirements. The stop-time rules are found at 8 USC § 1229b(d): (1) Termination of continuous period. For purposes of this…

The shadow rule and naturalization

Sunday, September 5th, 2021

With the United States reeling from a military defeat, a flooded East, and infected South, a parched and burning West, and a rogue judiciary, let’s get into the nitty gritty of naturalization, acquiring United States citizenship. To naturalize, except for exceptions, a person must have held permanent residence for the requisite period (five years or three if married and living with a United States citizen,8 USC § 1430), have resided in the United States for this period (and after applying),…

Voter photo ID laws, the disenfranchisement is more blatant for foreign-born families.

Sunday, June 27th, 2021

Republican legislatures around the United States are passing laws to restrict voting by the poor and minorities that are more likely to vote against Republicans. An example of how untruthful these people are – they are largely acolytes of a former president lied far more than he told the truth  – and based on his big lie, they mask their disenfranchisement movement as a way to protect election integrity and to make it easy to vote. A major component of…

Stop-time and Barton, a No Nguyen for the 9th Circuit

Sunday, June 13th, 2021

I remember while in law school reading a contracts case penned by Robert Jackson or Learned Hand some other famous guy (I’m sure it wasn’t Oliver Wendell Holmes Jr., as he was dead by the time it was written and I understood what the case said) in 1944 or so. I thought to myself how odd that the world was consumed by war, millions were dying all over, and the courts still engage in figuring out who has to pay…