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Supreme Court hears oral arguments in crucial immigration and ERISA cases

JURIST

Garland (“the immigration case”) asking whether a federal court can review a decision by an agency within the Department of Justice ruling that a person is ineligible for permanent residency and in Hughes v. Th immigration case involves Pankajkumar Patel, a citizen of India who has been living in the US for almost 30 years.

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Justices grapple with question of federal court review in immigration cases

SCOTUSBlog

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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Justices will decide scope of judicial review over certain immigration decisions

SCOTUSBlog

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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The demise of rights-protective statutory interpretation for detained immigrants and the rise of “piecemeal” textualism

SCOTUSBlog

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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US DOJ sues Texas over state law criminalizing illegal entry from abroad

JURIST

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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Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test

SCOTUSBlog

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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Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings

SCOTUSBlog

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.