Certiorari Granted

Kawashima v. Holder, 615 F.3d 1043 (9th Cir. 2010), cert. granted, 2011 U.S. LEXIS 3840 (May 23, 2011) (No. 10-577). 

The Supreme Court granted certiorari in a removal case to consider whether a false statement on a corporate tax return is an aggravated felony as defined in INA § 101(a)(43)(M)(i) (offense involving fraud or deceit). The Ninth Circuit – in conflict with the Third Circuit, Ki Se Lee v. Ashcroft, 368 F.3d 218 (3d Cir. 2004) – held that the offense is an aggravated felony.  Read more...

Judulang v.Gonzales, 06-070986, 2007 U.S. App. LEXIS 22480 (9th Cir. Sept. 17, 2007), cert. granted sub nom. Judulang v. Holder, (Apr. 18, 2011) (No. 10-694).

The Supreme Court will hear a case challenging the Board of Immigration Appeals’ decision Matter of Blake, 23 I&N Dec. 722 (BIA 2005). In Matter of Blake the BIA ruled that a person found removable based on an aggravated felony conviction (sexual abuse of a minor) was not eligible for a 212(c) waiver because there was no statutory counterpart in the grounds of inadmissibility. Nearly all the circuits have considered challenges to Matter of Blake, and all but the Second Circuit upheld the BIA’s decision. The Supreme Court granted the petition for certiorari to address: Read more...