Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the statutory criminal bar to judicial review, INA §242(a)(2)(C), does not strip the court of jurisdiction to review the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent of the conviction that triggered the bar. The court denied the petition for review, however, because it found that the Immigration Judge did not abuse his discretion in denying the petitioner’s motion to continue.
Filed under: Immigration Attorney | Tagged: 9th circuit, jurisdiction of appellate court, jurisdictional stripping, motion to continue, ninth circuit, Petition for Review | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.
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Filed under: Illegal Reentry | Tagged: 9th circuit, Due Process, Illegal Reentry, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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