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).