Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”...
CGRS, Oct. 1, 2024 "Last night, a federal judge ruled in a case challenging the Biden administration’s policy of turning back asylum seekers who approach ports of entry along the southern...
Northwest Immigrant Rights Project and National Immigration Litigation Alliance, Oct. 2, 2024 " FREE WEBINAR Today, Oct. 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific On September 26, a U...
USCIS, Oct. 2, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to further clarify the types of evidence that we may evaluate to determine eligibility...
White House, Sept. 30, 2024 "MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2025 By the authority vested in me as President by the...
Here is a link to the Sept. 21, 2021 oral argument video.
To recap: Tomczyk v. Wilkinson, 987 F.3d 815 - "DHS failed to apply the correct legal standard under 8 U.S.C.S. § 1231(a)(5) for entering an order reinstating the alien's deportation order because the alien had not "reentered the United States illegally" within the meaning of § 1231(a)(5) based solely on the fact of inadmissibility at the time of reentry, but rather, the act of reentering illegally under § 1231(a)(5) required some form of misconduct by the noncitizen. Petition granted and case remanded."
Subsequent History: Later proceeding at Tomczyk v. Garland, 2021 U.S. App. LEXIS 10288 (9th Cir., Apr. 9, 2021)
Vacated by, Rehearing granted by, En banc Tomczyk v. Garland, 2021 U.S. App. LEXIS 19970 (9th Cir., July 6, 2021)