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Supreme Court to Hear Visa Case; State Department Asks for Secrecy, Rubber Stamp

"At the behest of the Solicitor General , the U.S. Supreme Court today granted certiorari in Din v. Kerry to decide whether immigrant families separated by U.S. government officials have any right to know the basis for their forced separation. The government claims “complete discretion”...

KERRY V. DIN: AN OPPORTUNITY FOR THE SUPREME COURT TO RECONSIDER THE DOCTRINE OF CONSULAR NON-REVIEWABILITY

"Not since the landmark case of Kleindienst v. Mandel , 408 U.S. 753 ( 1972) has the Supreme Court revisited the well-settled doctrine of consular nonreviewability. That may be about to change as the Supreme Court has agreed to hear Kerry v. Din , Docket No. 13-1402. The vehicle for this doctrinal...

Immigration Cases Set for Supreme Court Oral Argument in 2015

"The Supreme Court has set oral argument in Kerry v. Din , which raises the issue of the scope of the doctrine of consular nonreviewability, for February 23. The Court previously had set oral arguments in Mellouli v. Holder , which involves the removability of a lawful permanent resident because...

Deferring to Itself? The Office of the Solicitor General’s Odd Argument in Mellouli

Nancy Morawetz of NYU offers her thoughts on Mellouli v. Holder , an immigration case set for oral argument before the Supreme Court on January 14: "This Term, the Supreme Court will hear Mellouli v. Holder (Dkt. No. 13-1034 ) , its fourth case in the last decade on drug deportability. The issue...

Mellouli v. Holder Oral Argument Preview: Prof. Kevin R. Johnson

"On January 14, the Supreme Court will hear oral argument in Mellouli v. Holder, one of several recent cases in which the Court has scrutinized the federal government’s efforts to remove a lawful permanent resident from the United States based on a minor drug conviction. The frequency with...

Supreme Court Oral Argument Previews: Mellouli v. Holder

REVISIONIST HISTORY: THE GOVERNMENT’S LATEST ATTEMPT TO IGNORE THE CATEGORICAL APPROACH IN MELLOULI V. HOLDER - By Alina Das RETHINKING REMOVABILITY FOR POSSESSION OF DRUG PARAPHERNALIA (AKA A SOCK) - By Jennifer Lee Koh DRAWING OUTSIDE THE LINES - By Nancy Morawetz OF SOCKS, CATEGORICAL...

Link to Transcript of Mellouli v. Holder Supreme Court Oral Argument

Supreme Court No. 13-1034, Jan. 14, 2015 See also: Supreme Court Oral Argument Previews: Mellouli v. Holder

S.C. Mellouli v. Holder Oral Argument Recap - Dean Kevin R. Johnson

"[On Jan. 14, 2015] the Supreme Court heard oral argument in Mellouli v. Holder , a challenge to the removal of Moones Mellouli, a lawful permanent resident from Tunisia, based on a Kansas misdemeanor drug paraphernalia conviction for possession of a sock used to hide drugs. The record of his conviction...

Kerry v. Din: Plenary Power Showdown? - Kevin Johnson

"I have been reading the briefs in Kerry v. Din , which has oral arguments before the Supreme Court scheduled for February 23. Last week, Respondent Fauzia Din's brief was submitted by counsel of record Mark E. Haddad of Sidley Austin LLP . The issues in Kerry v. Din are shaping up in an...

Law Profs File SCOTUS Brief in Kerry v. Din

BRIEF OF AMICI CURIAE LAW SCHOOL PROFESSORS IN SUPPORT OF RESPONDENT - "This amici curiae brief is submitted on behalf of 73 professors and academics who teach immigration law at law schools throughout the United States (“Amici”). ... This brief is submitted to provide the Court with...

Big Data, Bad Data: Resolving the Tyranny of the Database (William Stock)

"This term, the Supreme Court is considering a case [ Kerry v. Din ] that implicates the doctrine of “consular non-reviewability”–the legal principle that generally, courts in the United States will not review the discretionary decisions of American consular officers if they deny...

Kerry v. Din in Five Easy Pieces: SCOTUS Oral Argument Preview

In advance of today's SC oral argument, here are five good links: Link to all the documents and briefs Argument Preview by Kevin Johnson Convenient Facts Redux by Nancy Morawetz Kerry v. Din, Knauff and Mezei by Chuck Roth In Defense of Consular Officers by Liam Schwartz I will...

Transcript of Kerry v. Din Supreme Court Oral Argument; Analysis by Kevin Johnson

Transcript of Kerry v. Din Supreme Court Oral Argument, Feb. 23, 2015 . Analysis by Prof. Kevin Johnson here .

Did the Supreme Court Already Decide Texas v. USA?

Judge Hanen's Feb. 16th injunction turns on the Administrative Procedure Act (APA.) Yesterday's unanimous Supreme Court decision in Perez v. Mtg. Bankers Assoc . could help Judge Hanen and the 5th Circuit answer the question: Did the November 2014 Executive Action memos require APA notice and...

High Court Could Help Immigrants Saddled With Bad Lawyers: Mata v. Holder

" The U.S. Supreme Court will hear arguments Wednesday on whether a federal appeals court can review the Board of Immigration Appeals’ refusal to toll bids to reopen cases based on faulty lawyering, with experts saying the case could bolster due process for vulnerable immigrants. The high...

Justices Skeptical Of 5th Circ.'s Decision in Mata v. Lynch

"The U.S. Supreme Court heard arguments Wednesday on whether a federal appeals court can review the Board of Immigration Appeals' refusal to toll a bid to reopen a removal case based on poor lawyering, with Justice Stephen Breyer expressing skepticism at the Fifth Circuit’s finding that...

BREAKING: Supreme Court Tosses 'Adderall Sock' Deportation Case - Mellouli v. Lynch

"The question presented is whether a Kansas conviction for using drug paraphernalia to store or conceal a controlled substance, §21–5709(b), subjects an alien to deportation under §1227(a)(2)(B)(i), which applies to an alien “convicted of a violation of [a state law] relating...

Supreme Court Reverses Deportation Ruling For Man Who Used A Sock To Hide Prescription Pills

"Turns out, you shouldn’t get deported over possession of a sock -- even if that sock is hiding prescription pills. The Supreme Court reversed an appeals court decision Monday in a case brought by the Obama administration against a man who was deported over using a sock to hide four Adderall...

Supreme Court Decides Passport Case re Jerusalem: Zivotofsky v. Kerry

"The statement in question here is a congressional mandate that allows a United States citizen born in Jerusalem to direct the President and Secretary of State, when issuing his passport, to state that his place of birth is “Israel.” ... In holding §214(d) invalid the Court does...

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings. See 8 U. S. C. §1229a(c)(7)(A). If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider a petition to review their decision. See Kucana...

Supreme Court, 5-4, Reverses CA9: Kerry v. Din

"Because Fauzia Din was not deprived of “life, liberty, or property” when the Government denied Kanishka Berashk admission to the United States, there is no process due to her under the Constitution. To the extent that she received any explanation for the Government’s decision...

Expert: Supreme Court Visa Decision Not The End of the Road

"The U.S. Supreme Court ruled Monday against strengthening marriage rights for binational couples who wish to live together in the United States. Justices found in Kerry v. Din that naturalized U.S. citizen Fauzia Din cannot force greater explanation about or overturn in court the rejection of her...

Elizabeth Keyes on Kerry v. Din - Another Choiceless Choice

Kevin Johnson writes : "Yesterday, the Supreme Court decided Kerry v. Din . Over the next few weeks, the ImmigrationProf blog will be running an on-line symposium with immigration professors analyzing various aspects of the decision. The first installment is by Elizabeth Keyes (Baltimore): '...

Mellouli Update - Kevin Johnson

The “sock removal” case continues: Mellouli v. Lynch and compliance with the Court’s mandate "Last June, the U.S. Supreme Court provided Moones Mellouli, a lawful permanent resident who had been ordered removed from the United States, with a victory in his efforts to reverse...

Supreme Court: Mellouli On Hold

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices, in a brief order , put off any further government...