Dominguez Ojeda v. Garland "The only question before us is whether the IJ committed legal error by failing to exercise discretion and, instead, automatically refusing to consider Dominguez Ojeda’s new evidence of rape and country conditions on the...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual...
Cyrus D. Mehta and Kaitlyn Box, Aug. 31, 2022 "On August 24, 2022, the Department of Homeland Security (DHS) issued a final rule aimed at “preserving and fortifying” the Deferred Action for Childhood Arrivals (DACA) program. The DACA program...
Over 120 law professors and experts, Feb. 2, 2021 "On Day 1 of the Biden-Harris administration, the White House and the Department of Homeland Security (DHS) issued an Executive Order and a memorandum intending to restore the use of humane and sensible discretion...
"Like the overwhelming majority of other immigration law professors and scholars, I believe that the legal authority for both the Prosecutorial Discretion Memo and the DACA/DAPA Memo is clear. There are Congress’s express assignment of responsibility to the...
"In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.” The policy goals...
"Some experts say Congress has given presidents broad discretion in enforcing immigration laws, which sets a high bar for opponents to prevail in court. “It’s the section of the United States Code with the most discretion given to the executive branch,” said...
"Buffalo Field Office Director Michael T. Phillips has just denied a request for prosecutorial discretion, which if granted would have allowed Ben Sangari, a citizen of the United Kingdom, to apply for a Green Card pursuant to his marriage to his United States...
"The President has the legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation that would be similar to the relief available under the Deferred Action for Childhood Arrivals (DACA) program. The reasons...
"Carmen Figueroa was a good Arizona Department of Public Safety officer for 10 years, but now faces the possibility of deportation to Mexico. Whether she actually gets deported, though, depends. Will the system view her as a foreigner who infiltrated not...
By David A. Martin*, Thursday, 20 December 2012 - " This Essay disputes the legal claims set forth in a recent lawsuit that seeks to invalidate a policy of the Department of Homeland Security. The policy gives protection against deportation to unauthorized...
Two experts help us understand why our immigration system is so off-kilter: "In a new report , Hiroshi Motomura, a law professor at UCLA , argues that prosecutorial discretion, as discussed in recent DHS policy memos , is only one kind of discretion....
USCIS, Nov. 17, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications." PM 7-1...
On July 15, 2020 USCIS issued Policy Alert PA-2020-10 entitled Applying Discretion in USCIS Adjudications , and updated Chapter 5 and Chapter 8 of the Policy Manual.
Hamed Aleaziz, BuzzFeed News, Oct. 8, 2018 - "Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and told that...