SCOTUSBlog

JUNE 13, 2022

Pursuant to the post-removal order statute, 8 U.S.C. 1231 , the government detained him. Fearing persecution or torture in Mexico, Arteaga-Martinez then sought “withholding of removal,” which bars the government from removing a noncitizen to such a country. without authorization and was ordered removed.

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LawSites

JUNE 21, 2023

A new generative AI product for immigration lawyers announced today is designed to help them conduct research, draft and summarize complex legal documents, and engage with potential clients through a chat interface. “Immigration law is an incredibly complex, high-stakes area of law. Called Visalaw.ai Called Visalaw.ai

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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. That provision, 8 U.S.C.

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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. 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

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

JANUARY 3, 2024

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. It also empowers state magistrate judges to hear immigration cases and issue removal orders, in addition to giving law enforcement the responsibility of ensuring compliance with the law. Last month, Abbott signed SB 4.

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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. Justice Sonia Sotomayor appeared the most skeptical of the government’s construction. The argument unfolded in many ways as expected.

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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

SEPTEMBER 17, 2022

Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce. A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing two of his customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute.

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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

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 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. In Zadvydas v.

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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

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. The post No clear path on how court will rule after oral arguments in two immigration cases Monday appeared first on SCOTUSblog. It is unclear how they will ultimately chart their course.

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SCOTUSBlog

JUNE 7, 2021

Mayorkas that adjustment of status is reserved for those who were inspected at the border and admitted to the United States by an immigration officer, thus disqualifying the majority of those granted Temporary Protected Status. The court sided with the government and rejected the interpretation advanced by Sanchez and Gonzalez.

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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

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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SCOTUSBlog

NOVEMBER 18, 2021

. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the non-citizen is a flight risk or a danger to the community. Gonzalez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. Boechler v.

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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

JANUARY 20, 2023

She asked the government to “withhold” her deportation for humanitarian reasons. Both an immigration judge and the Board of Immigration Appeals rejected her request. The court has set a high bar for finding that a statute restricts the types of cases the federal judiciary can hear. Appealing to the U.S.

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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

NOVEMBER 4, 2022

De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. A list of all petitions we’re watching is available here. In its 1951 decision in Jordan v. He became a lawful permanent resident after marrying a U.S. citizen the following year. 1227(a)(2)(A).

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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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SCOTUSBlog

DECEMBER 17, 2021

Gun possession and immigration status. Florida , Patrick Huff claims that a circuit split has emerged as to whether a court must apply Waller when a state has a statute governing courtroom closures. 922(g)(5)(A) , the government must prove that the defendant knew his legal status — other subdivisions of18 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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SCOTUSBlog

SEPTEMBER 10, 2021

In 2011, after 60 years in which the statute did not lead to a reported decision, Kentucky sued the operators of PokerStars, an online poker platform, to recover the combined poker losses of Kentucky citizens. A Kentucky state court awarded Kentucky $870 million, calculated as three times $290 million in losses. United States.

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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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JURIST

JANUARY 14, 2023

The statute of limitations for the remaining misdemeanor charges against the two will expire in February. The court dropped some misdemeanor charges against volunteers Mardini and Binder because of procedural errors, including a failure to issue a translated indictment to the defendants.

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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. Thompson that U.S.

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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. Issue : Whether a federal court deciding a state-law issue in a bankruptcy case must apply the forum state’s choice-of-law rules or federal choice-of-law rules to determine what substantive law governs.

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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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