David G. Savage, Los Angeles Times, Feb. 1, 2024 "For more than a century, immigration and border enforcement have been seen as falling exclusively under federal control, and when states tried to exert a greater role, courts shut them down. Texas is now...
Cyrus D. Mehta and Kaitlyn Box have thoughts: "The Supreme Court on January 17, 2024 heard arguments in two cases – R elentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo – that may determine whether courts will...
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary...
Essential reading for con law and border buffs: 1. Federalism at the Border : "...My goal in this post is to provide a bit of a broader overview of what the Supreme Court has said about the relative roles and responsibilities of state and federal governments...
Karin Fischer, Chronicle of Higher Education, Jan. 24, 2024 "A pair of U.S. Supreme Court cases about whether commercial fishermen can be forced to pay the cost of federal monitors could have far-reaching implications for regulations affecting international...
DHS v. Texas, Jan. 22, 2024 "The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated...
On Jan. 15, 2024 the U.S. Solicitor General filed this pleading at the Supreme Court. On Jan. 17, 2024 Texas A.G. Paxton replied, here and here .
Here is the cert. pet. Here is the brief in opposition. Here is the reply brief. Here and here are the underlying cases. Here are the issues presented: (1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges...
On Friday, Jan. 12, 2024, U.S. Solicitor General Elizabeth Prelogar filed this SUPPLEMENTAL MEMORANDUM REGARDING EMERGENCY APPLICATION TO VACATE THE INJUNCTION PENDING APPEAL with the U.S. Supreme Court. Texas fired back on Saturday, filing this reply. Meanwhile...
Campos-Chaves v. Garland, Att'y Gen. Docket Number: 22-674 Date Argued: 01/08/24 Play Audio: Media Formats: MP3 Download Transcript (PDF) View To download file: From Windows - Right click the "Download" link and...
Here is the CA11 decision at issue, 74 F.4th 1157. Here is the petition for certiorari. Here is the amicus brief filed by the Round Table of former BIA members and IJs.
Amy L. Howe, Jan. 3, 2024 "The Biden administration came to the Supreme Court on Tuesday, asking the justices to block an order by a federal appeals court that generally bars federal Border Patrol agents from cutting or moving razor wire installed by Texas...
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...
NIPNLG, AIC, Aug. 23, 2023 " This practice alert analyzes the Supreme Court’s recent decision in Pugin v. Garland , 143 S. Ct. 1833 (2023). The June 22 opinion addressed the generic definition of the obstruction of justice aggravated felony ground...
This Week in Immigration, July 4, 2023 "Having trouble keeping up with key immigration litigation? This latest episode of TWII has you covered with another edition of The Gavel! Joined by podcast regular Theresa Cardinal Brown , Cornell Law Professor Steve...