LexisNexis® Legal Newsroom
Accuracy for Adoptees Act Amends INA Sec. 320 [Post Expanded]

RECOGNITION OF STATE COURT DETERMINATIONS OF NAME AND BIRTH DATE - Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended by adding at the end the following: ‘‘(c) A Certificate of Citizenship or other Federal document issued or requested to be amended under this section...

BIA Sets Oral Argument in Vides-Casanova Case: Feb. 6, 2014

"The U.S. Board of Immigration Appeals will hear arguments on the appeal by former Minister of Defense of El Salvador, General Carlos Eugenio Vides-Casanova, of an immigration court decision ordering him to be removed from the U.S. for his role in widespread human rights abuses committed in El Salvador...

Settlement Reached in Class Action Lawsuit Challenging the Shackling of Immigrants in Court

"An historic settlement was reached Thursday in a class action lawsuit between immigration authorities and immigrants who are held in custody during their civil immigration proceedings in San Francisco. The settlement brings an end to the federal government’s practice of forcing detained immigrants...

Denver Lawyers Sue for Immigration Court Access

On Wednesday, April 16, 2014, DHS agents (the Federal Protective Service) denied entry to the federal building in Denver housing the Immigration Court unless attorneys and their clients showed government-issued ID and submitted to an NCIC (National Crime Information Center) background check. Rather...

DHS Cowed, Settles Denver Immigration Court Access Lawsuit

"The Federal Protective Service has a heavy responsibility. Their mission is to keep federal properties safe and secure for employees, officials and visitors, alike. One such property is the newly renovated Byron G. Rodgers Federal Building in downtown Denver. Among other tenants in this otherwise...

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing notices and certifications. In International Labor...

Reporters Shut Out of Immigration Courts

"On July 28, investigative reporter Carroll traveled to the Artesia detention center on the grounds of the Federal Law Enforcement Training Center (FLETC) to report the story. In the preceding days she had exchanged emails arranging access with media representatives for US Immigration and Customs...

Immigration Removal Orders Rise, But With Wide Variation By Court: TRAC

"The U.S. Immigration Court is granting a greater proportion of the deportation orders that are being requested by the government. According to the latest case-by-case records, current through the end of November 2014, the Immigration Court granted 54.8 percent of such orders issued during the first...

Representation is Key in Immigration Proceedings Involving Women with Children: TRAC

"New data tracking the processing of "women with children" cases by the Immigration Court's new priority docketing system provide details on how these cases are proceeding. As of the end of January 2015, a total of 26,342 removal proceedings involving women with children had been flagged...

DOJ to Court Watchers: 'Move Along, Nothing to See Here'

"The Justice Department said Thursday that it will block video recordings of next month’s closing arguments in a Seattle court case that addresses the rights of child migrants to legal counsel in deportation proceedings. A DOJ spokesperson said the prohibition is only intended to protect the...

LexisNexis Expert Stephen Yale-Loehr on Federal Court Immigration Battles

"The Obama administration promised Tuesday to fight against opposition from both the courts and Congress to keep in place its expansive new programs to shield millions of immigrants from deportation, a key piece of the president's effort to shape his legacy in his final years in office. A federal...

7,000 Refugee Kids Ordered Deported Without Going to Court

"More than 7,000 immigrant children have been ordered deported without appearing in court since large numbers of minors from Central America began illegally crossing the U.S. border in 2013, federal statistics show. The high number of deportation orders has raised alarm among immigrant advocates...

Seattle Judge Weighs Right to Attorney for Kids in Deportation

"U.S. District Court Judge Thomas Zilly heard arguments on the government’s motion to dismiss the case. Zilly’s questions focused on his jurisdiction to decide this broad issue, and how kids are handled in immigration court. Government attorneys argued safeguards are in place to help...

Practice Alert for Dallas Immigration Court Practitioners

Dallas Immigration Judge Deitrich Sims, despite repeated reversals by the Board of Immigration Appeals, continues to deny various joint and unopposed motions. We previously reported on his denial of joint and unopposed motions to change venue. See: http://goo.gl/bp3wFd In a recent case, he rejected...

Judge Keeps Alive Battle Over Counsel For Refugee Kids

"A Washington federal judge on Monday kept alive a class action seeking lawyers for immigrant children facing removal proceedings, but trimmed the suit of three of nine named plaintiffs and a count of violating the Immigration and Nationality Act. In his decision, U.S. District Judge Thomas S. Zilly...

Court Ruling Won't Fuel More Immigration: Expert

"Immigration experts said they don't think the ruling will drive more immigrants to come to the border. While government lawyers argued that family detention helped deter immigration, the judge said officials didn't provide enough evidence to back up those claims. Stephen Yale-Loehr , a...

With few lawyers, child migrants fight alone in court to stay in the U.S.

Ivette Feliciano, PBS Newshour, Nov. 8, 2015 - "Unlike criminal court, in immigration court, the federal government is not required to provide lawyers to defendants who cannot afford them — not even unaccompanied minors like Jessica. But whether or not they have a lawyer makes a big difference...

Can Three-Year-Olds Represent Themselves in Immigration Court?

Amber L. Weeks, Mar. 2016 - "In an official deposition as a Department of Justice witness, a senior immigration judge ludicrously claimed, “I’ve taught immigration law literally to three year olds and four year olds. It takes a lot of time. It takes a lot of patience. They get it. It’s...

EOIR to Open Aurora, Colorado Detained Immigration Court on May 31, 2016

EOIR, May 17, 2016 - "The Executive Office for Immigration Review today announced it will be establishing a full-time presence and opening an immigration court in the Department of Homeland Security contract detention facility in Aurora, Colo., on May 31, 2016."

Thousands Of Child Migrants Go Unrepresented In Immigration Court

Jude Joffe-Block, Fronteras, June 9, 2016 - "Between July 2014 and April 2016, the U.S. initiated removal proceedings against more than 64,000 children who arrived at the U.S.-Mexico border without their parents, according to data from the Executive Office of Immigration Review. Many of these children...

Is a Special Court-Martial a 'Court' for Immigration (Removal) Purposes? - Gourzong v. Atty. Gen. (CA3)

Gourzong v. Attorney General, June 14, 2016 Majority : "We agree with the BIA that, as a general matter, convictions by special courts-martial qualify as convictions for purposes of the INA." Dissent : "Gourzong was not “convicted of an aggravated felony within the meaning...

Court Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony

NILC, Aug. 18, 2016 - "Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector. The court rejected the...

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS) from issuing child care licenses to the nation’s...

Will Strong Defensive Tactics Jam Immigration Jails, Clog Immigration Courts? (WSJ)

Recent headlines/stories from the Wall Street Journal: - Mexicans Vow to Fight Trump by Jamming U.S. Courts (Feb. 10, 2017) - Mexican Migrants Signal They Prefer Detention to Deportation (Feb. 12, 2017)

ICE Stalks Targets at NY Human Trafficking Court

Beth Fertig, WNYC, June 16, 2017 - "Public defenders and the state's top judge were rattled Friday after federal immigration agents were present in a Queens criminal courtroom for human trafficking victims. A WNYC reporter was in the building when Legal Aid lawyers huddled frantically in...