JURIST

DECEMBER 6, 2021

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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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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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 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

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. citizen box.

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SCOTUSBlog

JUNE 13, 2022

Pursuant to the post-removal order statute, 8 U.S.C. The question before the court was whether the post-removal order statute authorized his prolonged detention, and if so, whether the government was required to provide a bond hearing before an immigration judge after six months of detention. 1231 , the government detained him.

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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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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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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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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. She asked Fletcher, “[E]xactly how [do] you want us to rewrite the statute?” knowing full well that doing so would be unlawful.

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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 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 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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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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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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At the Lectern

AUGUST 12, 2022

presents issues relating to petitions for Special Immigrant Findings under Code of Civil Procedure section 155. Whether a court lacks jurisdiction under article XIII B, section 6 of the California Constitution to make subvention findings on statutes that were not specifically identified in an initial test claim.

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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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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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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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SCOTUSBlog

JANUARY 12, 2021

The court must decide which of two federal statutes governs these migrants’ eligibility to be released on bond. But by statute, a withholding claim can be reviewed only as part of the review of a removal order. Surely, a final order of removal can’t mean one thing … in one statute and another in another.

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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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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

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. 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

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

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.

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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 ruled in Sanchez v. Justice Elena Kagan wrote the opinion for the court.

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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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Paralegal Bootcamp

JULY 25, 2022

This includes the processes used to identify the laws and documents that apply to the facts of a specific case, including statutes, regulations, and court opinions. A large part of this consists of conducting legal research. This is why paralegal training in the skill of written communication is essential. A Protector.

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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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At the Lectern

MAY 3, 2021

The majority concludes the 2016 statute under which the defendant moved to vacate his conviction requires independent appellate review, which means deference will be given to findings based on a “trial court’s own observations,” but not when “the facts derive entirely from written declarations and other documents.”

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At the Lectern

MAY 19, 2023

The issue teed up for decision is whether California’s whistleblower statute, Labor Code section 1102.5 , protects an employee from retaliation for disclosing unlawful activity when the information is already known to that person or agency. Monday morning the Supreme Court will file its opinion in People ex rel. Garcia-Brower v.

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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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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

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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