Supreme Court Declines Immigration Cases

"The U.S. Supreme Court on Monday rejected attempts by towns in Texas and Pennsylvania to revive local laws that cracked down on illegal immigration. The court decided against hearing appeals filed by the towns of Farmers Branch, Texas, and Hazleton, Pennsylvania, which were seeking to overturn...

Florida Supreme Court rules immigrant cannot join Bar

"In a long-anticipated decision, the Florida Supreme Court ruled unanimously Thursday that Tampa immigrant Jose Godinez-Samperio cannot practice law because he’s not a citizen, and called on the Legislature to correct what it called an “injustice.” “The Florida Legislature...

Cert. Denied in Maryland Immigrant Arrest Case: Frederick County Bd. of Comm. v. Orellana Santos

"The U.S. Supreme Court declined Monday to review a Frederick County case in which a woman challenged local authorities' power to arrest her on an immigration violation, cementing her victory in a case that has been closely watched by both sides of the immigration debate. Supporters of Roxana...

Castleman SCOTUS Decision Avoids Harming Immigrants

"The US Supreme Court ruled that an expansive definition of domestic violence should apply to firearms cases but notes that the ruling does not apply in the immigration law context, apparently recognizing ASISTA's arguments that its decision should not unwittingly harm immigrants (see footnote...

Supreme Court declines to revive Arizona immigration law

"The Supreme Court on Monday declined to revive a provision in an Arizona law that sought to criminalize the harboring and transportation of illegal immigrants. The court's decision not to hear the state's appeal leaves intact an October 2013 ruling by the 9th U.S. Circuit Court of Appeals...

Supreme Court Decision on CSPA Coming Soon: Carl Shusterman

"We expect the Supreme Court to issue a decision on the nationwide class action lawsuit regarding CSPA, Mayorkas v. DeOsorio, very soon, possibly on May 10 or May 19. While we lawyers argue over the meaning of terms like “retention”, “automatic conversion” and “appropriate...

Supreme Court Lets Stand Nebraska Immigration Ordinance

"The U.S. Supreme Court’s decision not to review a Nebraska city’s ordinance that bans renting homes to immigrants living in the country illegally could open the door to similar laws elsewhere, supporters said Monday, though they’re likely to encounter fresh legal challenges. Kris...

Nebraska Supreme Court on Custody: Daniels v. Maldonado-Morin

"We find, viewing the facts in a light most favorable to Maldonado-Morin, that the record demonstrates Maldonado-Morin’s husband of over 12 years has been forced to move to Mexico and that Maldonado-Morin wants herself, Deonte, and Morin’s biological children to live with him. In that...

High Court Splits 5-4 on CSPA: Scialabba v. Cuellar de Osorio

KAGAN, J., announced the judgment of the Court and delivered an opinion, in which KENNEDY and GINSBURG, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment, in which SCALIA, J., joined. ALITO, J., filed a dissenting opinion. SOTOMAYOR, J., filed a dissenting opinion, in which BREYER...

Supreme Court Visa Decision Throws Many to 'Back of the Line'

"A divided Supreme Court ruled Monday that most immigrant children who have become adults during their parents’ years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas. In a 5-4 decision , the justices sided...

How the Supreme Court Got Cuellar de Osorio Wrong: Laura Murray-Tjan

" Back in February, I wrote about the complexity of immigration law, and described how a federal court conflated immigration provisions in an important case . Now it turns out that immigration law stumps even the Supreme Court. The Court's recent decision in Scialabba v. Cuellar de Osorio is...

Petition for Rehearing Filed in Cuellar de Osorio: Decision Based on Mistake

"The plurality’s decision in this case was based on a mistake that cuts to the heart of its analysis. The plurality acknowledged that if an aged-out child could retain his original priority date without automatic conversion then the BIA “would have been required to” make priority...

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 .