On December 17, 2010, the 9th Circuit granted Mr. Hamilton's Petition for Review on behalf of two Kenyan asylum seekers in Muriuki v. Holder: http://www.ca9.uscourts.gov/datastore/memoranda/2010/12/17/06-71754.pdf, and remanded the case to the Board of Immigration Appeals (BIA) as requested by Mr. Hamilton, citing numerous errors made by the Immigration Judge and BIA. This decision, though "unpublished" as formal legal authority tackles important issues related Immigration Judges' adverse credibility findings and the question of a "change in law" in the United States as a justification for filing an asylum application outside of the one year statute allowed for such filings from the date of an alien's entry. Unpublished decisions of the 9th Circuit may be cited to the Court in some limited circumstances. Such Memorandum Decisions are made public by the 9th Circuit on its web site as indicated above.
Mr. Hamilton argued this case before 9th Circuit judges, Wardlaw and Fletcher, and Judge Lynn, a Northern District of Texas District Judge, sitting by designation, on October 7, 2010. His arguments before the Court can be heard at: http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000006276
Hamilton has been with this case ever since its origin 6 years ago. He handled Asylum Office, trial Court, BIA and 9th Circuit phases of the case in their entirety.
By: Maria Rangel
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