NIPNLG, Mar. 27, 2024 "As Congress continuously fails to pass humane immigration legislation, many noncitizens remain vulnerable to removal from the United States. While this legislative failure...
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US v. Texas "In an effort to stem the tide of illegal immigration into Texas, the state legislature passed a bill known as S. B. 4 that amended various statutes. The new laws prohibit noncitizens...
Mendez Galvez v. Garland (unpub.) "The agency entirely overlooked evidence material to the hardship determination in this case: evidence regarding Mendez’s serious back injury and its implications...
Walmart v. King "The current statutory scheme unconstitutionally "subverts the President's ability to ensure that the laws are faithfully executed - as well as the public's ability...
"Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Petra Carranza-De Salinas (Carranza) was eligible to apply for discretionary relief from removal despite having a criminal conviction for possession of marijuana with intent to distribute. After the enactment of IIRIRA, the provision granting her eligibility was repealed, and IIRIRA specified that aliens with a criminal conviction like Carranza’s were no longer eligible to apply for discretionary relief from removal. Carranza argues that this constitutes impermissible retroactive legislation as applied to her case. Because we conclude that Carranza may invoke the presumption against retroactive application, she is entitled to pursue § 212(c) relief. Accordingly, we grant Carranza’s petition for review, vacate the Board of Immigration Appeal’s (BIA’s) order and remand the case to the BIA for additional proceedings." - Carranza-De Salinas v. Holder, Nov. 6, 2012. [Hats off to Lisa Brodyaga!]