Maria Sacchetti, Washington Post, Dec. 8, 2023 "A federal judge in San Diego on Friday approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S....
USCIS, Dec. 8, 2023 "The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to...
Elliot Spagat, Associated Press, Dec. 8, 2023 "A federal judge was poised Friday to prohibit separation of families at the border for purposes of deterring immigration for eight years, preemptively...
In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law: "Because Lead Petitioner credibly...
This document is scheduled to be published in the Federal Register on 12/07/2023 "The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
Gonzalez v. ICE
"We resolve several issues in this opinion. First, we hold that Gonzalez had Article III standing to seek prospective injunctive relief when he commenced suit. The Government’s cancellation of the detainer against him does not alter that conclusion. Second, we hold that the district court did not abuse its discretion in certifying the Probable Cause Subclass pursuant to Rule 23(b)(2) with Gonzalez as the class representative. Third, we hold that 8 U.S.C. § 1252(f)(1) does not bar injunctive relief for the claims in this case because the only provision of the Immigration and Nationality Act (INA) whose text even refers to immigration detainers is not among the provisions that § 1252(f)(1) encompasses. Fourth, we reverse and vacate the State Authority Injunction because the presence or absence of probable cause determines whether the Government violates the Fourth Amendment when issuing a detainer, not state law restrictions. In so holding, we underscore that we do not decide here whether immigration detainers might violate principles of federalism or preemption. Fifth, we reverse and vacate the Database Injunction because it is premised on legal error and lacks critical factual findings. Notably, the district court failed to assess error in the system of databases on which ICE relies to make probable cause determinations of removability. Finally, we reverse the summary judgment for the Government on Plaintiffs’ claim pursuant to Gerstein v. Pugh, 420 U.S. 103 (1975) (the Gerstein claim). Because the Fourth Amendment requires probable cause to seize or detain an individual for a civil immigration offense, it follows that the Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate to justify continued detention pursuant to an immigration detainer. Thus, we affirm in part, reverse in part, and remand."