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. The Supreme Court will hear oral argument in the case on Monday.

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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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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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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. In reaching its decision, the Court acknowledged that an expansive reading of the statute would render it unconstitutional. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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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

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. However, Ross resisted characterizing the removal order as either a “legal nullity” or equivalent to the immigration agency lacking jurisdiction to enter the order at all.

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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 post Justices take up four new cases, including challenge to federal ban on encouraging illegal immigration appeared first on SCOTUSblog.

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JURIST

MAY 25, 2021

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. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies.

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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. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise. Our first new relist this week, United States v.

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Paralegal Bootcamp

JULY 25, 2022

As society shifts and the need for lawyers to work faster and smarter grows, it becomes increasingly important that lawyers are able to nurture partnerships with freelance paralegals and legal assistants. For one, legal assistants focus solely on administrative work, clearing up time for lawyers to focus on other tasks.

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Paralegal Paralegals Drafting Legal Assistant 246

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

He pointed to statutes that do not require a pending proceeding and claimed they were understood by courts to qualify as obstruction when Congress added the offense to the list of aggravated felonies. Sotomayor asserted that contemporaneous legal scholars maintained that the offense required a pending proceeding.

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SCOTUSBlog

MAY 24, 2021

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. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies. Because the U.S.

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SCOTUSBlog

JUNE 12, 2021

In asylum cases, the immigration judge is responsible for making credibility determinations as trier-of-fact. But the statute doesn’t say what the federal courts should do if the BIA fails to expressly find the presumption rebutted. The unanimous Supreme Court rejected that approach.

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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

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. Some courts hold that claims of U.S. citizenship may also be raised). 1231 governs. In addition, in Zadvydas 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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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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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

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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Court Rules Court Immigration Litigation 106

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

NOVEMBER 7, 2021

Monteilh’s identity and work as a confidential informant was revealed two years later, in connection with an immigration fraud case that the government eventually asked the court to dismiss. This article was originally published at Howe on the Court.

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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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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.

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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 question in this challenge to the rule, he said should focus on what the best reading of the statute is. Share It has been nearly 40 years since the Supreme Court indicated in Chevron v.

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Conflict of Laws

MARCH 21, 2023

Based on sociological accounts of “post-migrant” identities , Grifo discussed that a person’s cultural identity can form “hybrid” solidarity to different legal systems and oppose the collective national identity of the country of immigration. The third group discussed the treatment of foreign institutions in international family law.

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Laws Family Law Legal Legal 52

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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Immigration Statute Government Legal 104

ClimateChange-ClimateLaw

DECEMBER 2, 2022

In addition to more intense storms, the municipalities allege other physical climate change impacts, including coral reef degradation and massive algal blooms, as well as social, educational, and economic losses, including increased immigration from the municipalities and damages to the agricultural industry.

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Litigation Litigating Cause of Action Punitive Damages 98

Attorney at Work

MAY 31, 2022

The statute of limitations ran out due to his forgetting the deadline. A Chicago immigration lawyer moved for an emergency stay of removal for a client after an asylum application was denied. The Tennessee lawyer failed to add a calendar reminder to track the statute of limitations deadline. Causes of Missed Deadlines.

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SCOTUSBlog

JUNE 29, 2023

Legal Services Alabama, Inc. , 1252(a)(2)(D) bars review of an asserted question of law where a noncitizen has challenged the Board of Immigration Appeals’ interpretation of the statutory extreme hardship standard found at 8 U.S.C. CVSG: 5/18/2023 (relisted after the June 22 conference) Davis v.

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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. The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. Share The justices returned to the bench on Jan. Garland and Garland 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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Immigration Statute Tort Healthcare 52

The Crime Report

JUNE 29, 2021

Brad Little to apply the same emergency executive powers used during the pandemic to “suspend state statutes and rules authorizing the assessment and collection of juvenile fees.”. It called on Gov. The full report can be accessed here. Further information on the Cash Register Justice Program can be accessed here.

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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. The Board of Immigration Appeals dismissed Patel’s appeal. 1252(a)(2). Facts of the Case.

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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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