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Hernandez v. Mesa, Mar. 20, 2018 Majority : "Here, extending Bivens would interfere with the political branches’ oversight of national security and foreign affairs. ... the district court’s judgment of dismissal is AFFIRMED."...

Paul W. Schmidt writes : "Judge Edward C. Prado is nor just “any” U.S. Circuit Judge. Among other things in his long and distinguished career, Judge Prado was the U.S. Attorney for the Western District of Texas during the Reagan Administration...

Edith Roberts, SCOTUSblog, Feb. 21, 2017 - "Today the court returns from its February break to hear oral argument in ... Hernández v. Mesa , a case that stems from the cross-border shooting of a Mexican teenager by a U.S. Border Patrol agent...

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under...

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Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§...

15-118 HERNANDEZ V. MESA DECISION BELOW: 785 F.3d 117 LOWER COURT CASE NUMBER: 12-50217 QUESTION PRESENTED: In Boumediene v. Bush, this Court held that the Constitution's extraterritorial application "turn[s] on objective factors and...

Hernandez v. Sessions, Oct. 2, 2017 - "In the present case, the government appeals from the district court’s order entering a class-wide preliminary injunction in favor of Plaintiffs, a class of non-citizens in removal proceedings who are detained...

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a...

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators...

"We will entertain this appeal and vacate the Immigration Judge's order insofar as that order denied the parties' joint motion to terminate the proceedings. The Immigration Judge correctly stated that he is required to adjudicate a motion...

Official Headnote: Malicious vandalism in violation of section 594(a) of the California Penal Code with a gang enhancement under section 186.22(d) of the California Penal Code, which requires that the underlying offense be committed for the benefit of...

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent...

"As the government concedes, the IJ made no adverse credibility determination in this case. Without such a finding, this Court assumes that Hernandez’s testimony is credible. See 8 U.S.C. § 1229a(c)(4)(C) (“[I]f no adverse credibility...

"The political climate in Congress is so noxious these days that even a law that originally passed with overwhelming bipartisan support because it provided much-needed help to abused women is now a partisan issue. That's shameful. Republicans...