SCOTUSBlog

DECEMBER 3, 2021

Congress created a process known as “adjustment of status” so that immigrants physically present in the United States could change their status to that of a lawful permanent resident (i.e., The government’s decision to grant or deny a person adjustment has profound consequences for the individual. citizenship.

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SCOTUSBlog

MARCH 28, 2023

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 justices first questioned Fletcher on how to interpret the law. The argument unfolded in many ways as expected.

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SCOTUSBlog

DECEMBER 7, 2021

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. Second, immigration officials must exercise their discretion to grant the relief.

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SCOTUSBlog

MAY 19, 2022

Garland means that noncitizens seeking certain forms of discretionary relief under immigration law could be left with no judicial review when the government denies such relief. 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 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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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

SEPTEMBER 17, 2022

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. Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce.

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SCOTUSBlog

APRIL 28, 2021

The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. Ashcroft , decided after the entry of his removal order, revealed that the administrative agency’s decision to deport him was not justified by law. That statute, 8 U.S.C.

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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. After the 9th Circuit declined to rehear the case, the federal government came to the Supreme Court, which agreed on Friday to weigh in.

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SCOTUSBlog

DECEMBER 7, 2022

Sineneng-Smith , the Supreme Court 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. Helaman Hansen ran an immigration-advising service. Two years ago, in United States v.

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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 court must decide which of two federal statutes governs these migrants’ eligibility to be released on bond. 1226 governs; it applies “pending a decision on whether the alien is to be removed,” and generally neither requires a period of detention nor mandates supervision if a person is released. 1231 controls.

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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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JURIST

APRIL 29, 2021

Commissioners investigated 43 cases of police murder, including the deaths of George Floyd, Breonna Taylor and Tamir Rice, as well as Jacob Blake, who was left paralyzed by law enforcement. However, this would require ratification of the ICC’s Rome statute by the closely divided US Senate, which is unlikely.

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SCOTUSBlog

APRIL 20, 2023

Deputy Solicitor General Curtis Gannon argued for the government that the offense did not require a nexus to a pending investigation or proceeding. An obstruction of justice offense, he said, includes any crime requiring that the accused have the specific intent to willfully interfere with the process of justice and law.

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SCOTUSBlog

NOVEMBER 18, 2021

Ted Cruz’s challenge to a federal campaign-finance law, religion in public places, and a case seeking to recover a Camille Pissarro painting that the plaintiff says was stolen from his relatives by the Nazis. Here’s the full list of the cases scheduled for argument in January. . Gonzalez (Jan. Boechler v. Cassirer v.

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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. The case arose from the government’s attempt to deport Leon Santos-Zacaria, a 34-year-old transgender woman and citizen of Guatemala.

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SCOTUSBlog

NOVEMBER 4, 2022

De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. He became a lawful permanent resident after marrying a U.S. A list of all petitions we’re watching is available here. In its 1951 decision in Jordan v. citizen the following year.

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The Crime Report

FEBRUARY 16, 2023

Mayors, government officials and leaders across the state of New York gathered in Albany on Wednesday for what is colloquially known as “Tin Cup Day,” making their cases for budget increases and specific allocations as the legislature prepares to negotiate the Governor’s proposed budget.

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SCOTUSBlog

APRIL 29, 2024

Monday’s grants involve (among others) the interpretation of federal racketeering laws and the “benefit of the doubt” rule for veterans. It ruled that because RICO’s reference to the term “business” includes “employment,” Horn had indeed suffered an injury to his “business” for purposes of the RICO law. In Medical Marijuana v.

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SCOTUSBlog

DECEMBER 17, 2021

Gun possession and immigration status. United States , Melvyn Gear, an Australian citizen who resides in Hawaii on an H-1B visa, asks the justices to decide whether Section 922(g)(5)(B) also requires proof of knowledge of collateral law. 18 U.S.C. § These and other petitions of the week are below: Ham v. Williams v. United States.

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SCOTUSBlog

NOVEMBER 7, 2021

Fazaga , is the second case this term in which the justices will consider the state-secrets privilege, a doctrine that allows the government to withhold information in litigation when disclosing it would compromise national security. The case, Federal Bureau of Investigation v. The first case, United States v.

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SCOTUSBlog

SEPTEMBER 10, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Kentucky can recover $870 million from an online poker platform to recoup Kentuckians’ losses and whether federal approval of Roundup can protect Monsanto from violations under California law. Both the district court and the U.S.

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JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

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The Crime Report

JANUARY 6, 2023

People walk dangerous routes when the government eliminates or fails to provide legal avenues that are safe, permanent and predictable whether it’s across the street or across an international border. The problems with the absence of permanent and lawful paths to entry have been decades in the making. Controlling Movement.

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SCOTUSBlog

JUNE 26, 2023

The question before the justices was whether a 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 the freedom of speech. Hansen challenged the constitutionality of the ban on “encouraging or inducing” immigration.

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SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Those decisions concerned conduct ranging from wire and computer fraud to tax violations. A list of this week’s featured petitions is below: Momphard v. Cuker Interactive, LLC v. McCutchen v.

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ClimateChange-ClimateLaw

MAY 8, 2024

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.

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SCOTUSBlog

JUNE 24, 2021

Garland , 20-979 , which seems a likely grant, because the government, as respondent, agrees that there is a circuit split and review is warranted on one of the questions presented. citizen for a benefit under state law. citizen for a benefit under state law. We’ll begin with Patel v. Becerra and with consecutive numbers.

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SCOTUSBlog

JANUARY 8, 2024

8 for a packed session of oral arguments – starting with immigration policy and the post-9/11 “No Fly List” and ending on Jan. Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. Share The justices returned to the bench on Jan.

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SCOTUSBlog

APRIL 29, 2021

Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by preventing noncitizens from accruing the time required for eligibility.

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At the Lectern

SEPTEMBER 2, 2021

concerning California’s whistleblower statute. It followed a default judgment in the Labor Commissioner’s action for damages and statutory penalties against a since-closed night club after the club owner fired a bartender and threatened to report her to “immigration authorities” when she complained about unpaid wages.

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SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws.

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ClimateChange-ClimateLaw

DECEMBER 2, 2022

Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. Many of those cases include similar arguments that the companies knowingly marketed harmful products and misled the public about those harms.

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SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote.

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Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. The justices have agreed to clarify the states’ ability to challenge federal immigration policy, among other issues. Last week, the U.S. Supreme Court heard oral arguments in four cases. One of the most closely watched is Percoco v. United States v.

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JURIST

APRIL 21, 2021

These cases will determine which Alaskan native groups are eligible to receive COVID-19 relief funds and will impact tens of thousands of immigrants living and working in the US under a Temporary Protected Status (TPS). They urged the court to defer to DHS’ interpretation of the statute.

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