The 9th Circuit’s reputation for overruling the BIA and rendering opinons supported by its social justice mentality is legendary. Accordingly, the volume of immigration appeals overwhelms its court calendar because the possibility of BIA reversal is pervasive.

The Supreme Court finally interceded and rejected – again – another 9th Circuit opinion imputing to a child her father’s lawful permanent residence status. Of course the 9th Circut  had ruled otherwise and rendered its decision in another familiar evasion of Supreme Court precedent by not publishing the decision. 

Having only recently conceded its misinterpretation of parole decisions, the 9th Circuit is now acknowledging error in its immigration decisions.  Unfortunately the Supreme Court cannot review all 9th Circuit cases on immigration, given its reversals in so many other  categories.

Note: In an unrelated case, the 9th Circuit held BIA authority trumps federal court opinions.  Garfias v. Holder, 2012 WL 5077187 (C.A. 9).

In 2009 the 9th Circuit held the minor child could impute her father’s legal status who was a lawful permanent resident (amnesty); Mercado-v. Holder 580 F.3d 1102 (9th Cir. 2009).  Three years later the Supreme Court specifically rejected this case; Holder v. Martinez Gutierrez, 132 S.Ct., 2011 (2012. The 9th Circuit Mercado case is now invalid; Sawyers v. Holder, 2012 WL 2507513 (9th Cir. 2012.)

For three years the 9th Circuit precedent allowed the “imputation” doctrine to apply, wrongfully allowing children immigration status.  Compare this with the death penalty cases, often decades old, compelling subsequent cases in the 9th Circuit to apply the wrong law  upon reversal by the Supreme Court..