The New York Times last week decided to help its readers understand the legal status of the flood of Syrian refugees pouring into Europe with an article, “Migrant or Refugee? There Is a Difference, With Legal Implications.” The short article, meant to straighten out misconceptions, perpetuates them. This would not be so bad if it were some barely-read fringe blogger writing from a remote [sunny, temperate] American corner somewhere, but this is the New York Times! The article asks the…

Eight years ago, the Ninth Circuit Court of Appeals decided a case, Tchoukhrova v. Gonzales, which involved a mother seeking asylum because her son, who was severely disabled, was denied all medical care. The Ninth Circuit found in the mother’s favor, which the government did not like. A discussion of the post-decision procedural history of the case, including its being vacated by the Supreme Court and that it is still cited, is discussed here. Today, in Sumolang v. Holder, the…

In the mid-2000’s, I was involved in a case, Tchoukhrova v. Gonzales, 404 F.3d 1181 (9th Cir. 2005), vacated and remanded by Gonzales v. Tchoukhrova, 549 U.S. 801, 127 S. Ct. 57, 166 L. Ed. 2d 7 (October 2, 2006). The case stood for three propositions. The first was a relatively unexciting issue for the general public regarding judicial review of an administrative decision. The court held that when the Board of Immigration Appeals (BIA) adopts the decision of the…