Fertikh v. Blanche is a federal immigration appeal involving significant questions of constitutional due process, adequate notice, and abuse of discretion in immigration proceedings. The case challenges the Immigration Judge’s decision to advance the merits hearing and proceed despite the respondent’s position that counsel and the client had not received adequate notice and were not prepared to litigate the asylum case.
The appeal raises fundamental due-process principles concerning what constitutes constitutionally sufficient notice and what additional reasonable steps may be required when there is reason to question whether notice was effectively received. The arguments draw upon established Supreme Court notice jurisprudence, including Mullane v. Central Hanover Bank & Trust Co. and Jones v. Flowers.
Ernest Goodman personally argued Fertikh v. Blanche before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Pasadena. Oral argument took place on September 16, 2026. The case is currently pending before the Ninth Circuit, and no decision has yet been issued.
Morozova v. Blanche is a federal immigration appeal involving the application of the disfavored-group doctrine in an asylum case, as well as whether the immigration authorities abused their discretion in adjudicating the petitioner’s claims.
The appeal addresses whether the agency properly evaluated the petitioner’s membership in a disfavored group together with the individualized evidence of risk, rather than considering those elements in isolation. The case also challenges aspects of the agency’s decision-making under the abuse-of-discretion standard, including whether the relevant evidence and applicable legal framework were properly considered.
Ernest Goodman represents the petitioner before the U.S. Court of Appeals for the Ninth Circuit. The case is currently pending before the Ninth Circuit, and no final decision has yet been issued.
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