Monday, November 25, 2013

Court Reconfirms It Does Not Have Jurisdiction to Review Aggravated-Felony Cases

Last week, the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit"), the federal court with jurisdiction over petitions for review of decisions by the Board of Immigration Appeals ("BIA") regarding removal proceedings that take place within states such as California, Nevada, Arizona, and Washington, restated what has already long been known: it does not have jurisdiction to review orders of removal for individuals who have been found by the BIA to be deportable from the United States for having been convicted of what is known as an Aggravated Felony. The foreign national in Murillo-Prado v. Holder was told on November 20, 2013 in no uncertain terms by the Ninth Circuit that the Ninth Circuit simply did not have the authority from the United States Congress to review his case if indeed he was properly found to be deportable for having been convicted of an Aggravated Felony but nevertheless maintained the authority to determine whether such finding was made correctly by the BIA. Unfortunately for the foreign national, the Ninth Circuit found that the documents submitted by the United States Department of Homeland Security to prove the foreign national's deportability, including the indictment, plea agreement, & sentencing order, were enough to meet the burden of proving such deportability by clear and convincing evidence.

In other news, it appears the Republicans in the United States Congress's House of Representatives have not given up on Comprehensive Immigration Reform ("CIR") as Majority Whip Kevin McCarthy potentially disingenuously made clear yesterday:

CBS's Face the Nation, November 24, 2013

No comments:

Post a Comment