Cite as "AILA InfoNet Doc. No. 03090544 (posted Sep. 5, 2003)"
On August 28, 2003, Petitioners in the Ninth Circuit case Carriche v.
Ashcroft, 335 F.3d 1009 (9th Cir. 2003), filed a petition for rehearing and
rehearing en banc. In this case, the court held that the Board of
Immigration Appeals (BIA) affirmance without opinion (AWO) procedure did not
violate Petitioners’ due process rights. It also held that the court had
no jurisdiction to evaluate whether the BIA appropriately issued an AWO decision
in the case. There was a strong dissent on this issue. The original
decision and a discussion of the case are posted on InfoNet: “Ninth
Circuit Upholds BIA Streamlining Procedures,” AILA Doc. ID
03071740 (July 17, 2003) and “Analysis of Falcon Carriche,” AILA Doc. ID
03071741 (July 17, 2003).
The American Immigration Law Foundation
(AILF) joined by the National Immigration Law
Center and the National Immigration Project of the National Lawyers’ Guild, submitted an amicus
brief in support of the petition. The court immediately granted the motion
to file an amicus brief and ordered the government to respond to the petition
within 21 days. This is a very good sign, as it indicates the court is
considering the petition.
AILF continues to encourage lawyers to challenge the AWO procedure and argue
that Carriche must be limited to its fact and to the type of case it is
(i.e., cancellation of removal/hardship). Other circuits have yet to rule
on this issue.
Legal Action Center, American Immigration Law Foundation