DHS, Jan. 23, 2025 "I further find that an actual or imminent mass influx of aliens is arriving at the southern border of the United States and presents urgent circumstances requiring an immediate...
DHS, Jan. 23, 2025 "(1) For any alien DHS is aware of who is amenable to expedited removal but to whom expedited removal has not been applied: a. Take all steps necessary to review the alien's...
DHS, Jan. 23, 2025 "Today, Acting Department of Homeland Security Secretary Benjamine Huffman issued a directive essential to fulfilling President Trump’s promise to carry out mass deportations...
Washington v. Trump, Jan. 23, 2025 "There is a strong likelihood that Plaintiffs will succeed on the merits of their claims that the Executive Order violates the Fourteenth Amendment and Immigration...
Rachel Riley, Law360, Jan. 23, 2025 (subscription) "A Washington federal judge has paused enforcement of President Donald Trump's executive order limiting birthright citizenship, calling the...
NILA, May 16, 2023
"On May 11, 2023, the Supreme Court, in Santos-Zacaria v. Garland, 598 U. S. _, _ S. Ct. _, [2023 U.S. LEXIS 1891], 2023 WL 3356525 (2023), addressed 8 U.S.C. § 1252(d), the statutory exhaustion provision governing immigration petitions for review of removal orders. This advisory first explains what statutory exhaustion under § 1252(d) is and how it is distinct from issue exhaustion before the Board of Immigration Appeals (BIA), a form of exhaustion not addressed in Santos-Zacaria. Next, the advisory explains the Court’s two holdings: first, that § 1252(d) is a non-jurisdictional, claim-processing rule subject to waiver and forfeiture; and second, that noncitizens are not required to file motions to reconsider (or motions to reopen) of removal orders to satisfy § 1252(d)(1). The advisory also includes practical suggestions regarding application of the decision and its impact on prior exhaustion case law."