This document is scheduled to be published in the Federal Register on 09/20/2023 "The Department of Homeland Security (DHS) proposes to amend its regulations affecting temporary agricultural (H...
Cyrus Mehta, Sept. 17, 2023 "The October 2023 Visa Bulletin was disappointing. There was some expectation that the Administration would radically advance the Dates for Filing so that many more could...
EOIR "EOIR to Host National Stakeholder Meeting for Law School Immigration Clinics SUMMARY: The Executive Office for Immigration Review (EOIR) invites faculty, staff, and students from law school...
Visa Bulletin for October 2023
NIPNLG, Sept. 15, 2023 "This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision and provides tips...
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 denied, 138 S. Ct. 1547 (2018), withdrawn, Nos. 14-1270, 14-1803, 14-1823, 2018 WL 4000993 (1st Cir. May 11, 2018).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."