Bouarfa v. Mayorkas Issue: Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. Case below: 75 F.4th 1157 (11th Cir....
This document is scheduled to be published in the Federal Register on 04/30/2024 "On December 19, 2016, the Department of Homeland Security (DHS) published an interim final rule (2016 interim rule...
IMMpact Litigation, Apr. 25, 2024 "IMMpact Litigation, seeking redress for over 100,000 Ukrainian nationals paroled into the United States post-February 2022, today announces a significant advancement...
DOL, Apr. 26, 2024 "The Department of Labor today announced a final rule to strengthen protections for farmworkers . The rule targets vulnerability and abuses experienced by workers under the H...
NILA, Apr. 24, 2024 "The National Immigration Litigation Alliance (NILA) and Innovation Law Lab are thrilled to announce that, in response to the lawsuit we filed against the United States Citizenship...
Reid v. Donelan (2-1) - "This class action, brought on behalf of noncitizen detainees held without possibility of release pending the completion of their removal proceedings, comes before this court for a second time. See Reid v. Donelan, 819 F.3d 486 (1st Cir. 2016), cert. denied, 138 S. Ct. 1547 (2018), withdrawn, Nos. 14-1270, 14-1803, 14-1823, 2018 WL 4000993 (1st Cir. May 11, 2018). On this occasion, we affirm the district court's ruling that there is no per se constitutional entitlement to a bond hearing after six months of detention. We otherwise vacate the district court's declaratory and injunctive relief as advisory and remand for entry of judgment."
Dissent: "My colleagues rely on a "message strongly implied by the Supreme Court" to conclude that certain noncitizens detained by the government for six months have no right to a bond hearing to determine the need for their continued detention. I disagree that the Supreme Court has tipped its hand on that issue and, perhaps more importantly, I disagree that it is appropriate to engage in such predictive analysis. Rather, we should address the novel constitutional question presented to us and determine through the familiar due process balancing test the procedural safeguards necessary to protect the liberty interest of noncitizens detained pursuant to 8 U.S.C. ยง 1226(c). In my view, that balancing demonstrates that such individuals are entitled to a bond hearing when they have been detained for six months. I therefore dissent."