Supreme Court, Oct. 29, 2021
ARIZONA V. SAN FRANCISCO, CA
DECISION BELOW: 944 F.3d 773
Limited to Question 1 presented by the petition
CERT. GRANTED 10/29/2021
QUESTION PRESENTED: Under the Immigration and Nationality Act, 8...
(ORDER LIST: 595 U.S.) MONDAY, OCTOBER 18, 2021 CERTIORARI -- SUMMARY DISPOSITIONS 20-1492 ABDULLA, ABDULMALIK M. V. GARLAND, ATT'Y GEN. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United...
I encourage all immigration lawyers and law students to read the 11th Cir. case here and all the SC briefs here . This case could be a Very Big Deal for immigration litigators.
Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)
(1) A Notice to Appear that does not specify the time and place of a respondent’s initial removal hearing does not deprive the Immigration Judge of jurisdiction over the respondent’s...
In Patel v. Garland, SC Docket No. 979, on cert. from CA11, 971 F.3d 1258 (11th Cir. 2020), the issue presented is: "Whether 8 U.S.C. 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a...
On Aug. 24, 2021 the Supreme Court, 6-3, denied the Biden administration's application for a stay of a district court order reactivating the "Remain in Mexico" (Migrant Protection Protocols or "MPP") program. Amy L. Howe has details...
Amy L. Howe, Aug. 23, 2021
"The Supreme Court added two new immigration cases to its docket for the 2021-22 term on Monday morning, granting a pair of petitions filed by the federal government. The relatively rare mid-summer additions came as part...
Sophia Genovese, July 26, 2021
"In Johnson v. Guzman Chavez , 594 U.S. __ (2021), the Supreme Court held that noncitizens in withholding-only proceedings are not entitled to a custody redetermination, or bond, hearing before the Immigration Court...
Johnson v. Guzman Chavez
Majority (Alito) - "Federal immigration law contains various provisions authorizing the Government to detain aliens during the removal process. This case concerns two of them: 8 U. S. C. §1226 and 8 U. S. C. §1231...
Cyrus D. Mehta, Kaitlyn Box, June 14, 2021
"On June 7, 2021, the Supreme Court decided Sanchez v. Mayorkas , holding that a grant of Temporary Protected Status (TPS) does not constitute an admission under INA § 245(a) for purposes of adjustment...
Sanchez v. Mayorkas
"Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador. Years later, because of unsafe living conditions in that country, the Government granted him Temporary Protected Status (TPS), entitling him to...
Garland v. Dai
"The Ninth Circuit has long applied a special rule in immigration disputes. The rule provides that, in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing...
US v. Palomar-Santiago
"In 1998, respondent Refugio Palomar-Santiago was removed from the United States based on a conviction for felony driving under the influence (DUI). He later returned to the United States and was indicted on one count of...
Prof. Geoffrey A. Hoffman, May 2, 2021
"The Supreme Court's decision earlier this week in Niz-Chavez v. Garland is potentially revolutionary. First, it rejected the impoverished and incorrect interpretation by circuit courts and the BIA of...
Andrew Chung, Reuters, Apr. 29, 2021
"The U.S. Supreme Court on Thursday offered new hope to thousands of long-term immigrants seeking to avoid deportation in a ruling that faulted the federal government for improperly notifying a man who came...