SCOTUSBlog

MAY 16, 2022

Share The Supreme Court on Monday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or will be allowed to remain in the country. But the Supreme Court held that a federal immigration statute — 8 U.S.C.

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SCOTUSBlog

DECEMBER 7, 2021

Share The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. First, the applicant must meet precise eligibility requirements under the statute.

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JURIST

AUGUST 22, 2021

” The statute for apprehension and detention of non-citizen immigrants, 8 U.S. ” The statute for apprehension and detention of non-citizen immigrants, 8 U.S. Code § 1226 , did not previously specify the burden of proof to be met at immigration bond hearings.

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SCOTUSBlog

JANUARY 12, 2022

Share The Supreme Court heard oral arguments on Tuesday in two challenges to lengthy immigration detention of noncitizens who claim they are entitled to a bond hearing before an immigration judge. Breyer took a second rapid test, which was negative, and a PCR test also came back negative later in the day, the court said.

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SCOTUSBlog

MAY 19, 2022

Share In a 5-4 decision made on Monday, the Supreme Court held that federal courts lack jurisdiction to review factual findings made by the executive branch during deportation proceedings. First, the applicant must meet precise eligibility requirements under a federal statute. The ruling in Patel v. citizen box.

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SCOTUSBlog

JUNE 13, 2022

Share In a pair of cases on Monday, the Supreme Court ruled against non-U.S. Pursuant to the post-removal order statute, 8 U.S.C. It raised the question of whether class members facing prolonged detention under the post-removal order statute were entitled to bond hearings. The first case, Johnson v.

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JURIST

MAY 16, 2022

The US Supreme Court Monday held in a 5-4 opinion written by Justice Amy Coney Barrett “[f]ederal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 US Code § 1252(a)(2)(B)(i).” ” In Patel v.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. The Court further found that the context and the statutory text both supported its interpretation.

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SCOTUSBlog

DECEMBER 3, 2021

Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme Court will hear oral argument in the case on Monday. In 2012, Patel was placed in deportation proceedings before an immigration judge.

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JURIST

MAY 25, 2021

The US Supreme Court ruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence.

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JURIST

JUNE 7, 2021

The US Supreme Court ruled unanimously on Monday on an immigrant status case regarding noncitizens seeking to change their immigration status from temporary protected status (TPS) to lawful permanent residency.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar.

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SCOTUSBlog

MARCH 24, 2023

Share For four years, Helaman Hansen falsely promised undocumented immigrants that they could, for a substantial fee, become U.S. Hansen , the Supreme Court will consider whether 8 U.S.C. Hansen , the Supreme Court will consider whether 8 U.S.C. The case will have potentially significant effects on immigration enforcement.

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SCOTUSBlog

JUNE 14, 2022

Share On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation orders and were in lengthy detention, rejecting lower courts’ rights-protective interpretation of the relevant detention statute and blocking an important avenue for injunctive relief in immigration detention cases.

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SCOTUSBlog

MARCH 28, 2023

Hansen when the Supreme Court heard argument on whether 8 U.S.C. 1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech. . The argument unfolded in many ways as expected.

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SCOTUSBlog

DECEMBER 9, 2022

Share The Supreme Court on Friday afternoon agreed to hear four new cases, including a First Amendment challenge to a federal law that prohibits encouraging illegal immigration. Three years ago, the court agreed to take up this question in another case, United States v. Instead, a unanimous court ruled that the U.S.

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SCOTUSBlog

APRIL 28, 2021

Share The court heard argument on Tuesday in United States v. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. That statute, 8 U.S.C. 1326(d) , was enacted by Congress after the court’s 1987 decision in United States v.

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SCOTUSBlog

APRIL 20, 2023

The court agreed to hear the case to decide whether a conviction qualifies as such an offense only if it has a connection to an already-pending investigation or proceeding. The post No clear path on how court will rule after oral arguments in two immigration cases Monday appeared first on SCOTUSblog.

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SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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JURIST

JANUARY 3, 2024

The case is in the US District Court for the Western District of Texas Austin Division. The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. This is not the only litigation involving Texas and the federal government over immigration. Last month, Abbott signed SB 4.

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At the Lectern

AUGUST 12, 2022

On Monday morning, the Supreme Court will file its opinions in Guardianship of Saul H. presents issues relating to petitions for Special Immigrant Findings under Code of Civil Procedure section 155. The court granted review in December 2021 and expedited briefing and oral argument. and Coast Community College District v.

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SCOTUSBlog

MAY 24, 2021

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v.

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SCOTUSBlog

JANUARY 10, 2022

Share The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. In both cases, noncitizens who are under deportation orders are challenging their prolonged detention – sometimes many months or even years — without the safeguard of a bond hearing before an immigration judge.

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JURIST

JUNE 8, 2022

The US Court of Appeals for the Ninth Circuit Tuesday ruled that a Honduran man’s conviction in California for possession of a forged social security number card (SSN) with a counterfeit government seal is grounds for deportation as a crime of moral turpitude.

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SCOTUSBlog

JANUARY 12, 2021

The Supreme Court heard argument on Monday by telephone in Pham v. The court must decide which of two federal statutes governs these migrants’ eligibility to be released on bond. But by statute, a withholding claim can be reviewed only as part of the review of a removal order. These orders are not subject to review.

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SCOTUSBlog

APRIL 29, 2024

Horn , the Supreme Court agreed to decide whether a commercial truck driver who lost his job after he failed a drug test can bring a claim under federal racketeering laws against the makers of the product that he says was responsible for that failed test. Court of Appeals for the 2nd Circuit, which reinstated his RICO claim.

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SCOTUSBlog

MAY 16, 2023

Share In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The Board of Immigration Appeals upheld that decision.

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SCOTUSBlog

JANUARY 14, 2023

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. Garland , which the Supreme Court will hear on Tuesday. The immigration judge denied Santos-Zacaria’s application and reinstated her original deportation order.

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SCOTUSBlog

NOVEMBER 4, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. Court of Appeals for the 11th Circuit upheld Daye’s deportation order.

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JURIST

APRIL 29, 2021

A commission of human rights experts asked the International Criminal Court (ICC) at The Hague on Tuesday to investigate the pattern of systemic police violence against Black people in the US. However, this would require ratification of the ICC’s Rome statute by the closely divided US Senate, which is unlikely.

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At the Lectern

MAY 3, 2021

Noting that “when longstanding noncitizen residents of this country are accused of committing a crime, the most devastating consequence may not be a prison sentence, but their removal and exclusion from the United States,” the Supreme Court in People v. ” The court reverses the Fourth District, Division Two, Court of Appeal.

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SCOTUSBlog

JUNE 7, 2021

Share The Supreme Court unanimously ruled on Monday that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v.

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SCOTUSBlog

JUNE 12, 2021

Alcaraz-Enriquez , the Supreme Court held that reviewing courts cannot treat an asylum seeker’s testimony as credible unless the agency first finds the applicant credible. Court of Appeals for the 9th Circuit. In asylum cases, the immigration judge is responsible for making credibility determinations as trier-of-fact.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. The Supreme Court granted certiorari on November 22, 2022.

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Paralegal Bootcamp

JULY 25, 2022

This includes the processes used to identify the laws and documents that apply to the facts of a specific case, including statutes, regulations, and court opinions. Court hearings before lunch are often a common part of the routine as well. A large part of this consists of conducting legal research.

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At the Lectern

MAY 19, 2023

Monday morning the Supreme Court will file its opinion in People ex rel. The issue teed up for decision is whether California’s whistleblower statute, Labor Code section 1102.5 , protects an employee from retaliation for disclosing unlawful activity when the information is already known to that person or agency. Garcia-Brower v.

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SCOTUSBlog

NOVEMBER 18, 2021

In an argument calendar released on Wednesday, the Supreme Court announced that it will hear oral arguments in eight cases over five days, on topics that include Sen. 1252(f)(1) , the courts below had jurisdiction to grant classwide injunctive relief. . Gonzalez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C.

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