LexisNexis® Legal Newsroom
Supreme Court Declines to Wade Into Preemption Question of Immigration Versus Workers' Compensation Benefits

Last week the U.S. Supreme Court declined to review a case from Louisiana concerning workers' compensation benefits for an injured worker who was an illegal alien, and whether the Immigration Reform and Control Act of 1986 preempts state law awards of workers' compensation benefits to illegal...

Supreme Court Grants Cert. in CSPA Case: Mayorkas v. Cuellar de Osorio

The order list granting ten cases for nine arguments, including on the issues of recess appointments and abortion protests, is here. Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act– which provides rules for determining whether particular aliens qualify as “children”...

Hazleton, Farmers Branch Petition USSC for Writs of Certiorari

"A city in Pennsylvania and one in Texas have petitioned the U.S. Supreme Court to consider whether they are allowed to enact legislation preventing those illegally living in the country from renting property in their cities — and in the Pennsylvania city's case, from working there too...

Supreme Court Declines Immigration Cases

"The U.S. Supreme Court on Monday rejected attempts by towns in Texas and Pennsylvania to revive local laws that cracked down on illegal immigration. The court decided against hearing appeals filed by the towns of Farmers Branch, Texas, and Hazleton, Pennsylvania, which were seeking to overturn...

Cert. Denied in Maryland Immigrant Arrest Case: Frederick County Bd. of Comm. v. Orellana Santos

"The U.S. Supreme Court declined Monday to review a Frederick County case in which a woman challenged local authorities' power to arrest her on an immigration violation, cementing her victory in a case that has been closely watched by both sides of the immigration debate. Supporters of Roxana...

Cert. Granted in CA9 Consular Nonreviewability Case: Kerry v. Din (DOS Asks for Rubber Stamp)

13-1402 KERRY V. DIN CERT. GRANTED 10/2/2014 QUESTION PRESENTED: 1. Whether a consular officer's refusal of a visa to a U.S. citizen's alien spouse impinges upon a constitutionally protected interest of the citizen. 2. Whether respondent is entitled to challenge in court the refusal...

Cert. Pet. Filed in CA5 Internal Checkpoint Case: Rynearson v. Lands

CA5 majority : "[W]e conclude that these governmental officials, at worst, made reasonable but mistaken judgments when presented with an unusually uncooperative person, unusual at least in the facts described in any of the caselaw." Dissent : "At a fixed interior immigration checkpoint...

Cert. Pet. Filed in CA5 DAPA Challenge: U.S.A. v. Texas

Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear, “for humanitarian reasons or simply for [his...

Breaking: Supremes Grant Cert. in USA v. Texas, Add Question

United States Supreme Court, Order List, Jan. 19, 2016 - "15-674 UNITED STATES, ET AL. V. TEXAS, ET AL. - The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: “Whether the...

Sup. Ct. Cert. Pet. Asks: Who Determines Birth on U.S. Soil? - Sanchez v. Kerry

Sanchez v. Kerry, No. 15-1395, filed May 12, 2016 - "From the foundation of this country, it has been the States, and not the federal government, who determine which individuals are born within their boundaries. The Constitution does not allow the State Department or a federal court to ignore decisions...

Supreme Court Grants Cert. in Immigration Case: Lee v. U.S.

Lee v. United States, No. 16-327, SCOTUSblog Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong evidence of guilt when the plea would result...