Survivorship Bias, Unrealistic Expectations, and the Danger of Rejecting Honest Legal Advice In immigration litigation, one of the most important principles is also one of the most difficult for clients to accept: a successful legal strategy must account for the possibility of losing....
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Why chasing unlikely outcomes, ignoring probabilities, and falling victim to survivorship bias can cost you everything Whether you're dealing with immigration law, filmmaking, business, investing, or even your personal life, one principle remains the same: grasping at straws is a bad strategy....
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Based on my own observations and discussions with fellow immigration attorneys who regularly litigate habeas corpus petitions, immediate, unconditional release occurs in approximately 1–5% of cases. Even in California and NY, my estimate is closer to 1-5%....
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An immigration case is not necessarily lost simply because an immigration judge denies asylum, withholding of removal, or another form of relief. Likewise, an unfavorable decision by the Board of Immigration Appeals (BIA) does not always mean that all available legal remedies have been exhausted....
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Another piece of good news from the U.S. Court of Appeals for the Ninth Circuit. Morozova v. Blanche, No. 25-4067, is being considered for an upcoming oral argument calendar in Pasadena. The Ninth Circuit has advised counsel that the case is being considered for a 2027 Pasadena sitting and has requested that the parties identify any scheduling conflicts....
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On September 16, 2026, I had the opportunity to argue Fertikh v. Blanche, No. 25-7834, before the U.S. Court of Appeals for the Ninth Circuit in Pasadena, California. Arguing before the Ninth Circuit was a memorable professional experience. The Pasadena courthouse itself adds to the atmosphere—the beautiful historic building, with its colonial-style architecture and impressive interior, provides a striking setting for a federal appellate argument. The appeal raises important questions concerning procedural due process in immigration proceedings, including adequate notice, denial of a continuance, and whether a respondent was provided a meaningful opportunity to prepare and present his case. For me, one of...
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Immigration bond hearings are highly unpredictable under the current administration. Many families believe that if a detained noncitizen has no criminal record, no convictions, and a pending immigration case, release on bond should be straightforward....
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In today’s entertainment industry, filmmakers frequently look for the fastest and cheapest possible title report before submitting a project to festivals, distributors, streaming platforms, or E&O insurance carriers. At first glance, low-cost “instant” title search companies appear attractive: $99 reports, same-day turnaround, automated trademark searches, and promises of “quick clearance.” For independent filmmakers working with tight budgets, this may sound practical....
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In recent months, federal habeas corpus litigation has become one of the most important tools for immigrants held in prolonged immigration detention. Across the United States, immigration detainees and their attorneys increasingly turn to federal district courts when bond hearings before immigration judges fail to provide meaningful due process protections....
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The United States Court of Appeals for the Ninth Circuit has notified the parties that the case of Fertikh v. Blanche is being considered for oral argument during the Pasadena sitting calendar in September 2026. Consideration for oral argument is a significant procedural development in a federal appellate case. In many immigration appeals, matters are decided solely on the written briefs. When a case is considered for oral argument, it may indicate that the Court wishes to examine the legal and factual issues in greater depth through direct questioning of counsel. Our client, Anton Fertikh, is an asylum seeker from Russia and...
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