NIPNLG, Mar. 27, 2024 "As Congress continuously fails to pass humane immigration legislation, many noncitizens remain vulnerable to removal from the United States. While this legislative failure...
Use the promotional code www.lexisnexis.com/BIB2024 for 20% savings on these titles: Immigration Law Handbook Immigration Law Pocket Field Guide J Visa Guidebook Immigration Law and Procedure ...
US v. Texas "In an effort to stem the tide of illegal immigration into Texas, the state legislature passed a bill known as S. B. 4 that amended various statutes. The new laws prohibit noncitizens...
Mendez Galvez v. Garland (unpub.) "The agency entirely overlooked evidence material to the hardship determination in this case: evidence regarding Mendez’s serious back injury and its implications...
Walmart v. King "The current statutory scheme unconstitutionally "subverts the President's ability to ensure that the laws are faithfully executed - as well as the public's ability...
Najera-Rodriguez v. Barr
"Whether the Xanax possession conviction made Najera-Rodriguez removable depends on whether the Illinois criminal law under which he was convicted, 720 ILCS 570/402(c), is “divisible” for purposes of applying the “modified categorical approach” under the elaborate and sometimes technical body of law that has developed under federal recidivism statutes and their immigration law analogs. See, e.g., Mejia Galindo v. Sessions, 897 F.3d 894, 896 (7th Cir. 2018) (summarizing “categorical” and “modified categorical” approaches and “divisibility” as applied to removal of lawful permanent resident under § 1227(a)(2)(B)(i)), citing Mellouli v. Lynch, 135 S. Ct. 1980, 1986–87 & n.3 (2015) (holding that categorical method applies to questions under § 1227(a)(2)(B)(i)). As we explain below, 720 ILCS 570/402(c) is not divisible, so Najera-Rodriguez’s conviction does not render him removable. We therefore grant his petition for judicial review, vacate the removal order, and remand this case to the Board of Immigration Appeals."
[Hats off to Chuck Roth at NIJC and Colleen Campbell and E. Brantley Webb at Mayer Brown's DC office!]