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11 Aug 2023, 8:49 am by Daniel M. Kowalski
Matter of J-G-R- (1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct by an official who is not acting in an official capacity is not covered. [read post]
31 Aug 2023, 8:56 am by Daniel M. Kowalski
Matter of J-G-P- does not purport to reassess longstanding BIA and Ninth Circuit precedent concerning simple assault offenses, and because it misapplied that precedent, its conclusion is unreasonable. [read post]
23 Jul 2013, 5:01 pm by oliver randl
”[2] The subject matter of decision G 1/09 was a divisional application filed after a decision refusing the parent application had been rendered, but before the appeal period had expired. [read post]
21 Jul 2017, 8:02 am by Nico Cordes
In this case a correction of the language deficiency by means of a translation into the language of the proceedings for the earlier application is neither required under Rule 36(2), second sentence, EPC nor is it even admissible in view of the wording of that provision and the Enlarged Board's decision G 4/08. [read post]
23 Dec 2013, 5:01 pm by oliver randl
Rule 14 EPC 1973 can prevent, as lex specialis, other acts, e.g., as in J 20/05, the filing of a divisional application (see also G 1/09 [3.2.5], and J 9/12 [3,5]). [read post]
1 Dec 2020, 12:02 pm by Patricia Hughes
In G, in a shallow echo of Schachter, Rowe J. refers to the fact that the parties did not “focus[] their submi [read post]
12 Oct 2011, 5:01 pm by Oliver G. Randl
J 10/01 [15-20], J 24/03 [4], J 18/04 [2.1], J 7/05 [3] and G 1/09 [3.2.4]. [read post]
14 Aug 2023, 8:11 am by Daniel M. Kowalski
Paul Wickham Schmidt, former Chair of the BIA , filed this dissent to Matter of J-G-R- , 23 I &N Dec. 733 (BIA 2023). [read post]
14 Aug 2023, 5:36 am by Guest Author
It has provided virtually no guidance on what it means for a matter to present a “major question,” it has provided little guidance on what it means for a matter to present a “major question,” it has provided little guidance on the degree of statutory specificity necessary to provide agency authority over a major question . . . . [read post]
20 Aug 2013, 5:01 pm by oliver randl
G 3/92 [1]).[3.1.10] As the Board has decided in its decision J 33/03 [2.1], contrary to the decision to stay the proceedings according to Rule 14(1), it is in the discretion of the Office to decide whether the proceedings are to be continued under R 14(3). [read post]
17 Jun 2022, 6:53 am by Guest Author
But the context of the entire FTC Act means it should not matter whether the Negative Implication Canon applies. [read post]
4 Dec 2009, 12:49 pm
The Montana Supreme Court has issued an Opinion in the following matter: DA 08-0016, 2009 MT 415, RANDALL G. [read post]
7 Nov 2022, 7:19 am by Guest Author
(“No serious congressional scholar believes that Congress speaks clearly when addressing major questions as a descriptive matter. [read post]
3 Apr 2020, 1:08 pm by Shorstein, Lasnetski & Gihon
A new Board of Immigration Appeals decision, Matter of J-J-G, 27 I&N Dec. 808 (BIA 2020) has made it more difficult for foreign nationals to obtain Cancellation of Removal. [read post]