DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Hernandez v. US
"In defending this appeal, the Government and the City point fingers at each other. The Government argues that the City was responsible for Hernandezʹs confinement and the City argues that it continued to detain Hernandez only because it was complying with the Governmentʹs detainer. The Complaint, however, has plausibly alleged that both the Government and the City were at fault, for it plausibly alleges that both failed to make an inquiry when circumstances warranted an inquiry, and verification could have been obtained with minimal effort. As a consequence of those failings, Hernandez was deprived of his freedom for four days. See Brignoni‐Ponce, 422 U.S. at 878 (ʺThe Fourth Amendment applies to all seizures of the person, including seizures that involve only a brief detention short of traditional arrest.ʺ); Dunaway, 442 U.S. at 216 (ʺ[D]etention for custodial interrogation ‐‐ regardless of its label ‐‐ intrudes so severely on interests protected by the Fourth Amendment as necessarily to trigger the traditional safeguards against illegal arrest.ʺ)."