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...
Prof. Kit Johnson, SCOTUSblog, Dec. 10, 2019
"On Monday, the Supreme Court heard oral argument in the consolidated cases of Guerrero-Lasprilla v. Barr and Ovalles v. Barr. These cases focus on the meaning of a single statutory provision: 8 U.S.C. § 1252(a)(2)(D).
The parties agree the statute means that U.S. courts of appeals are authorized to consider “questions of law” raised in appeals by noncitizens convicted of certain crimes from decisions by the Board of Immigration Appeals regarding their removal from the United States. They also agree that courts of appeals have no jurisdiction to consider other questions raised by such cases. Finally, the parties agree that Congress drafted this statute in response to the Supreme Court’s decision in Immigration & Naturalization Service v. St. Cyr, in which the court warned that preventing review of legal questions in this type of appeal would create “substantial constitutional questions.”
Where the parties diverge is in their understanding of the breadth of the phrase “questions of law.” ... "