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…

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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…

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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…

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Barr v. Pechman, Round 3

Monday, July 15th, 2019

Well, that did not take long. The 9th Circuit Court of Appeals issued this order today: Before: SCHROEDER, CANBY, and CHRISTEN, Circuit Judges. The district court’s April 5, 2019 and July 2, 2019 orders are stayed temporarily, pending further order of the court, to allow briefing to be completed on appellants’ motion for a stay pending appeal. The opposition to the motion for a stay is due Monday, July 15, 2019 at 9:00 a.m. PDT. The reply is due Thursday,…

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