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CA9 on Clear Error: Ridor v. Holder

"Ridore argues that the BIA acted beyond the scope of its authority under 8 C.F.R. § 1003.1(d)(3) by reviewing the IJ’s findings under a de novo rather than clear error standard and improperly engaging in its own factfinding. We agree that the BIA committed legal error in vacating the...

CA9 on Cal. Theft Offense, Agg. Fel. - Lopez-Valencia v. Lynch

"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not a “theft offense” as defined by 8 U.S...

Opinion: Let's Get Smart on Crime and Immigration - Prof. Kari Hong

"We should revert to the immigration laws that were in place before 1996. Under those rules, every immigrant who committed a crime had a meaningful hearing before a judge. He or she was able to present the facts of the crime, show proof of rehabilitation, and explain what contributions they had...

The One Clear Way to End Trump's Refugee/Travel Ban: An Act of Congress - Prof. Kari Hong

Prof. Kari Hong, Feb. 2, 2017 - "Last  weekend seemed extraordinary. In response to President Trump’s  executive order ending admission to the United States for certain citizens from seven countries   that have Muslim-majorities, America witnessed the  immediate detention of green card holders...

The Ten Parts of “Illegal” in “Illegal Immigration” That I Do Not Understand - Prof. Kari Hong

Prof. Kari Hong, Mar. 28, 2017 - "Many who support immigration enforcement measures will justify their position by asking what part of illegal in illegal immigration do you not understand? This essay provides ten answers to that question." - Prof. Kari Hong