SCOTUSBlog

MARCH 24, 2023

Share For four years, Helaman Hansen falsely promised undocumented immigrants that they could, for a substantial fee, become U.S. 1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing unlawful immigration,” violates the First Amendment’s guarantee of free of speech. citizens through “adult adoption.”

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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. That statute, 8 U.S.C. Chief Justice John Roberts solicited the government’s views on Palomar-Santiago’s characterization of the removal order as void ab initio (i.e.,

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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

Helaman Hansen ran an immigration-advising service. Hansen charged undocumented immigrants to advise them on what he claimed was a pathway to U.S. The government again seeks review of the 9th Circuit’s holding. Our first new relist this week, United States v. Hansen , squarely raises that First Amendment challenge.

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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. In United States v.

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JURIST

APRIL 29, 2021

The report identified 11 themes common among many of the cases that signified a systemic pattern of racism, such as the use of pretextual stops that lead to excessive force, excessive use of lethal restraints, targeting of Black immigrants and complicity of legal actors in racist police killings through qualified immunity.

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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. Sotomayor asserted that contemporaneous legal scholars maintained that the offense required a pending proceeding. It is unclear how they will ultimately chart their course.

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SCOTUSBlog

JUNE 12, 2021

In argument and briefing, the government contended that the 9th Circuit rule — which took asylum seekers’ testimony as credible when faced with agency silence on credibility — violated standards of federal court review. In asylum cases, the immigration judge is responsible for making credibility determinations as trier-of-fact.

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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

JANUARY 6, 2021

statutes and regulations. The Immigration and Nationality Act allows migrants pursuing so-called “withholding only” relief to be released on bond at some point; the court must decide which release statute applies. 1231 governs. Some courts hold that claims of U.S. citizenship may also be raised).

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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. The final budget is due in April.

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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

DECEMBER 17, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the prosecution in a case of illegal gun possession by a person with a nonimmigrant visa must prove he knew of his legal status, and the inquiry courts should follow in deciding to close the courtroom to the public. 18 U.S.C. §

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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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ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. See this article by Jim Rossi and J.B. What does it mean to act reasonably in a changing climate?

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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. Code made it a crime to cross the border without authorization, with a specific intent to target Mexican immigrants.

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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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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

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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JURIST

JANUARY 26, 2024

. “ The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now ,” Governor Abbott’s statement reads. Texas intensified its border security measures with the launch of Abbott’s Operation Lone Star in March 2021. .”

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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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SCOTUSBlog

APRIL 22, 2021

The questioning, instead, was technical, focusing on whether the petitioners, Jose Sanchez and Sonia Gonzalez, had been “admitted” to the United States as required by the adjustment-of-status statute. Deciphering the oral argument requires understanding the somewhat obscure underlying immigration procedure. immigration authorities.

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SCOTUSBlog

JUNE 29, 2023

Rahimi , which involves a petition for review by the federal government, strikes me as a particularly likely candidate for review. The federal government now asks the justices to weigh in on the case, arguing that the domestic violence ban is constitutional. Legal Services Alabama, Inc. , That last case, United States v.

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Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. Gonzalez : The latest immigration case before the justices involves when individuals subject to removal are entitled to an individualized bond hearing.

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SCOTUSBlog

SEPTEMBER 21, 2023

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. He argues that there is a divide among the courts of appeals over whether similar sex-offender regimes place registrants “in custody” for purposes of the habeas statute.

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Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal 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 U.S.C. Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. 1252(a)(2).

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SCOTUSBlog

APRIL 26, 2021

1326 , they must prove the existence of a prior removal order adjudicated by a federal immigration agency. But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? Palomar-Santiago’s legal case did not end with his physical removal.

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JURIST

OCTOBER 2, 2023

Fikre , a case brought by an Oregon man who claims that he was put back on the “No-Fly List” even after government officials agreed to remove him and not put him back on. Of particular note among those granted certiorari is FBI v. Another notable case is Corner Post, Inc.

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JURIST

DECEMBER 11, 2023

L” deal, the result of a lawsuit against US Immigration and Customs Enforcement (ICE) and other government agencies, covers those affected by the 2018 Trump administration policy to separate children from their caregivers if they could not provide documentation at the border.

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SCOTUSBlog

APRIL 16, 2021

The statutory question presented is whether noncitizens certified by the government for the humanitarian relief program known as Temporary Protected Status, or TPS, have been “admitted” to the United States, as required by the adjustment-of-status statute. Sanchez and Gonzalez argue that the TPS statute, codified at 8 U.S.C.

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SCOTUSBlog

NOVEMBER 29, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. The first was whether the states had a legal right to bring their lawsuit – a concept known as standing. William Hennessy).

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LegalTalkNetwork

DECEMBER 14, 2017

Legal Talk Network had a jam-packed year filled with new episodes from some of your favorite shows and more conference coverage than ever before. We covered the 2017 ABA Annual Meeting , Clio Cloud Conference , and the MIT Legal Forum on AI and Blockchain just to name a few. Law Technology Now: . Lawyer 2 Lawyer: . Lawyerist: .

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JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. state once they are released by the federal government.

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JURIST

FEBRUARY 5, 2021

The US Supreme Court released an order on Wednesday granting the Biden administration’s request to remove oral arguments for challenges on now-defunct Trump administration immigration policies. Sierra Club , are both likely to be rendered moot because of President Joe Biden’s announced changes to immigration policy.

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LettersBlogatory

OCTOBER 6, 2022

A court in Israel has ordered the government there to recognize marriages conducted by an officiant in Utah between Israelis attending remotely via videoconferencing from Israel. The Israeli government appoints Jewish, Muslim, and Druze leaders as marriage registrars, and the Christian churches appoint their own leaders. 117 (1922) ).

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SCOTUSBlog

NOVEMBER 23, 2022

Share Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Legal scholars have addressed all three issues, and their work is prominently cited in the briefing on both sides. Do states have standing to challenge these guidelines? Texas , set to be argued on Nov.

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SCOTUSBlog

FEBRUARY 10, 2022

He spelled them out in his book Making Democracy Work : Judges should use traditional legal tools, such as text, history, tradition, precedent, and purposes and related consequences, to help find proper legal answers. Breyer’s contributions to the law on separation of powers offer some good illustrations of this pragmatic perspective.

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