JURIST

JANUARY 3, 2024

The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.

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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. The ruling in Patel v.

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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

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., In 2012, Patel was placed in deportation proceedings before an immigration judge. citizenship. citizen box by mistake.

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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

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. In interpreting a neighboring statute, 8 U.S.C.

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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. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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LegalReader

AUGUST 19, 2021

District Judge Miranda Du observed the racially charged beginnings of United States Code Section 1326, the first federal statute criminalizing illegal re-entry after deportation or removal. In her ruling, U.S.

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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

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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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. The federal law at the center of Polselli v. In United States v. Hansen , the justices agreed to review the constitutionality of 8 U.S.C.

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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 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 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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JURIST

MAY 25, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident in 1990. 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. The case, US v.

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JURIST

JUNE 8, 2022

” The Board of Immigration Appeals (BIA) found “that this conviction was a crime involving moral turpitude that made him ineligible for cancellation of removal” from the United States. ” The post Ninth Circuit rules possession of forged SSN is grounds for deportation appeared first on JURIST - News.

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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. One was technical: “Our position turns on what is true in the eyes of the law, not what ends up happening in practice.” But by statute, a withholding claim can be reviewed only as part of the review of a removal order.

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SCOTUSBlog

APRIL 20, 2023

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. 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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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

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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The Crime Report

JULY 29, 2021

Hate crime laws in the U.S. A comprehensive national review of hate crime laws by MAP shows gaps and variances in laws after a year-long focus on COVID-era hate violence directed at Asian Americans and Asian immigrants. Hate crime laws in the U.S. According to available data, although the majority of all U.S.

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Paralegal Bootcamp

JULY 25, 2022

Modern law is extraordinarily complex. A program in criminal justice is a common choice because this exposes students at an early stage to a range of law-related subject matter. It’s built upon dysfunctional models like income inequality, sexism, racism, and much more. Why do these partnerships matter? A Protector.

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SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. 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.

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The Crime Report

FEBRUARY 16, 2023

This year, a number of officials and community advocates made arguments based on public safety and criminal justice concerns and initiatives that included addressing discovery burdens within New York’s court system, expanding neighborhood surveillance and investing in legal representation for immigrants in the state.

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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

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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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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Conflict of Laws

MARCH 21, 2023

On February 23 rd and 24 th , 2023, young scholars came together at the Siegmund Freud University, Vienna, to discuss different views on private international law under the theme of “Deference to the foreign – empty phrase or guiding principle of private international law?”.

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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. She was detained and subsequently applied for a type of humanitarian relief known as “withholding of removal” under the Immigration & Nationality Act.

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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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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 appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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At the Lectern

DECEMBER 27, 2023

The court concluded, “neither the Legislature nor our case law has created a hearsay exception allowing admission of hearsay accounts involving prior, nonpredicate allegations or convictions at SVPA probable cause hearings.” (See Superior Court (2021) 12 Cal.5th

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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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The Crime Report

JANUARY 6, 2023

With the decriminalization of jaywalking in Nevada , Virginia and now California — the “ Freedom to Walk ” Act will take effect in Los Angeles in the new year — it appears that people understand this when it comes to jaywalking, but not when it comes to immigration. . When someone ‘jaywalks’ from the Mexican side of the border to the U.S.

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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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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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