Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually... Read More
The U.S. Supreme Court has unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). What... Read More
H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA... Read More
By Andrew Haile | On June 25, 2015, Five members of the U.S. Supreme Court in Kerry v. Din agreed on one thing: U.S. citizen Fauzia Din had no right to understand why her husband's immigrant visa had been denied [ enhanced opinion available to... Read More
Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before... Read More
Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood... Read More
WASHINGTON, D.C. - (Mealey's) An Arizona statute that imposes sanctions on employers who hire unauthorized aliens is not preempted by the Immigration Reform and Control Act of 1986 (IRCA), a split U.S. Supreme Court ruled May 26 ( Chamber of Commerce... Read More
This is a case involving tax, criminal and immigration law. In Kawashima v. Holder , the U.S. Supreme Court can clear up some of the confusion about just what crimes are aggravated felonies. The crimes in the case were filing, and aiding and abetting... Read More
By Jill Apa | The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing... Read More
U.S.-Russia Adoption Agreement The Department of State announced on October 16, 2012, that the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children entered into force on November 1... Read More
Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child”... Read More
Review of Supreme Court Activity | In the last weeks of the 2015 term, the U.S. Supreme Court issued a decision, a nondecision, and two grants of certiorari in cases that apply to immigration. The nondecision was in United States v. Texas , 2016... Read More
Federal Judges Required to Provide Immigration Warnings During Plea Stage | Under changes to the Federal Rules of Criminal Procedure that took effect December 1, federal judges are required to advise defendants of potential immigration consequences... Read More
In this Analysis, Carrie Rosenbaum explains Lozano v. City of Hazleton , 2010 U.S. App. LEXIS 18835 (3d Cir. Pa. Sept. 9, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the long... Read More