LexisNexis® Legal Newsroom
Immigration Attorney Carrie Rosenbaum Analyzes Federal Pre-Emption and 3rd Circuit Decision on Hazelton Anti-Immigrant Housing and Employment Ordinances

In this Analysis, Carrie Rosenbaum explains Lozano v. City of Hazleton , 2010 U.S. App. LEXIS 18835 (3d Cir. Pa. Sept. 9, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the long-awaited Third Circuit decision on the City of Hazleton's...

Guest Commentary: Public Education and Illegal Immigrants

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation At the State Capitol last month, Dr. Jim Polsfut, chair of the Colorado Commission on Higher Education, testified in support of Senate Bill 126, which proposes to give in-state college tuition to students...

Split U.S. Supreme Court Upholds Arizona Alien Employment Law

WASHINGTON, D.C. - (Mealey's) An Arizona statute that imposes sanctions on employers who hire unauthorized aliens is not preempted by the Immigration Reform and Control Act of 1986 (IRCA), a split U.S. Supreme Court ruled May 26 ( Chamber of Commerce of the United States of America, et al. v. Michael...

Kawashima v. Holder: What Is an 'Aggravated Felony' for Immigration Purposes?

This is a case involving tax, criminal and immigration law. In Kawashima v. Holder , the U.S. Supreme Court can clear up some of the confusion about just what crimes are aggravated felonies. The crimes in the case were filing, and aiding and abetting the filing of, a false statement on a corporate tax...

Supreme Court in Judulang Axes Comparable-Grounds Condition for 212(c) Relief

The U.S. Supreme Court has unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). What do applicants do now? Cesar Cuauhtemoc Garcia...

Immigration Law: Supreme Court in Judulang Axes Comparable-Grounds Condition for §212(c) Relief

The U.S. Supreme Court has unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). What do applicants do now? Cesar Cuauhtemoc Garcia...

Supreme Court Strikes Down Key Provisions of Arizona Immigration Law

WASHINGTON, D.C. - The U.S. Supreme Court on June 25 invalidated three of the four key provisions of the controversial Arizona immigration law, S.B. 1070 ( Arizona, et al. v. United States , No. 11-182, U.S. Sup. [ enhanced version available to lexis.com subscribers ]). In an opinion written by...

Excerpts From the Nov. 15, 2012, Bender's Immigration Bulletin - U.S.-Russia Adoption Agreement

U.S.-Russia Adoption Agreement The Department of State announced on October 16, 2012, that the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children entered into force on November 1, 2012. This agreement should enhance the safeguards...

News Excerpts From the Dec. 1, 2013, Bender’s Immigration Bulletin

Municipalities Seek Review of Immigration Ordinances at Supreme Court | In late October, the cities of Hazleton, Pennsylvania, and Farmers Branch, Texas, filed petitions at the Supreme Court asking the Justices to review federal appellate court decisions striking down local laws targeting undocumented...

News Excerpts From The Dec. 15, 2013, Bender’s Immigration Bulletin

Federal Judges Required to Provide Immigration Warnings During Plea Stage | Under changes to the Federal Rules of Criminal Procedure that took effect December 1, federal judges are required to advise defendants of potential immigration consequences as part of the standard plea colloquy. The amendment...

High Court Splits 5-4 on Part of Child Status Protection Act

Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child” cannot retain his or her priority date if a new...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the July 15, 2014, Bender’s Immigration Bulletin

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin

Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood Arrivals program, finding that the state’s policy...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

Mata v. Lynch: The 5th Circuit Can't Sidestep Jurisdiction To Avoid Review of BIA Denial of Late Motion to Reopen Based on Ineffective Assistance of Counsel

By Jill Apa | The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing with all the other circuits that had addressed that...

Kerry v. Din: The Supreme Court's ‘Other Marriage Decision’ Preserves Status Quo in Visa Denials, Leaves Tangled Trail for Lower Courts To Follow

By Andrew Haile | On June 25, 2015, Five members of the U.S. Supreme Court in Kerry v. Din agreed on one thing: U.S. citizen Fauzia Din had no right to understand why her husband's immigrant visa had been denied [ enhanced opinion available to lexis.com subscribers | Lexis Advance ] [lexis.com...

Mellouli v. Lynch Decision: You Can't Be Deported For Possessing Only A Sock

By Zelda Howell Moones Mellouli was removed because he was convicted of having drug paraphernalia: a sock, in which he had tablets of Adderall. But the conviction record did not identify what he had in the sock, and the state list of controlled substances does not match the federal list. So, was it...

News Excerpts From the July 15, 2016, Bender’s Immigration Bulletin

Review of Supreme Court Activity | In the last weeks of the 2015 term, the U.S. Supreme Court issued a decision, a nondecision, and two grants of certiorari in cases that apply to immigration. The nondecision was in United States v. Texas , 2016 U.S. LEXIS 4057, in which the entire June 23 decision...