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Mellouli v. Holder Oral Argument Preview: Prof. Kevin R. Johnson

"On January 14, the Supreme Court will hear oral argument in Mellouli v. Holder, one of several recent cases in which the Court has scrutinized the federal government’s efforts to remove a lawful permanent resident from the United States based on a minor drug conviction. The frequency with...

Supreme Court Oral Argument Previews: Mellouli v. Holder

REVISIONIST HISTORY: THE GOVERNMENT’S LATEST ATTEMPT TO IGNORE THE CATEGORICAL APPROACH IN MELLOULI V. HOLDER - By Alina Das RETHINKING REMOVABILITY FOR POSSESSION OF DRUG PARAPHERNALIA (AKA A SOCK) - By Jennifer Lee Koh DRAWING OUTSIDE THE LINES - By Nancy Morawetz OF SOCKS, CATEGORICAL...

S.C. Mellouli v. Holder Oral Argument Recap - Dean Kevin R. Johnson

"[On Jan. 14, 2015] the Supreme Court heard oral argument in Mellouli v. Holder , a challenge to the removal of Moones Mellouli, a lawful permanent resident from Tunisia, based on a Kansas misdemeanor drug paraphernalia conviction for possession of a sock used to hide drugs. The record of his conviction...

ICE Memo on Prosecutorial Discretion, Apr. 6, 2014

"The purpose of this memorandum is to provide additional guidance to Office of the Principal Legal Advisor (OPLA) attorneys regarding pending proceedings involving individuals who may fall outside of the revised Department of Homeland Security (DHS) enforcement priorities in light of Secretary Johnson...

Dilley Cases Move from Denver to Miami

"the EOIR has announced that immigration cases arising out of the Dilley, Texas, immigration detention facility will no longer be heard by judges from the Denver Immigration Court. Rather, from here on out, Dilley cases will be reassigned to the Miami Immigration Court. What's the effect of...

DHS Head Asks For Key Reforms of EB-5 Program

"U.S. Department of Homeland Security Secretary Jeh Johnson asked lawmakers this week to consider several key changes to the EB-5 immigrant investor program, according to a letter obtained by Law360, as the program is eyed for reauthorization before it expires this fall. In the letter to high...

Border Patrol Chief Affidavit Details 'Hielera' (Icebox) Horrors

The Oaks Declaration is here . Bryan Johnson's discussion is here . Our tax dollars at work. Feel safer now?

Letters to White House, DHS Call for End to Family Detention

"Today, the overwhelming majority of Democrats in the House -- including Democratic Leader Nancy Pelosi (D-CA) and Democratic Whip Steny Hoyer (D-MD) – sent Homeland Security Secretary Jeh Johnson a letter saying the Department of Homeland Security (DHS) “has not fully grasped the serious...

Are Feds Stalling Detention Deal to Keep Refugee Moms, Kids Behind Bars?

"Secret talks over the fate of the Obama administration’s family detention program may be breaking down, meaning many migrant mothers and children could remain locked up for the foreseeable future. A critical opinion by a federal judge – that the family detention centers are illegal...

DHS Statement on Jailing Refugee Moms, Kids

"ICE Director Saldaña and I understand the sensitive and unique nature of detaining families, and we are committed to continually evaluating it. We have concluded that we must make substantial changes to our detention practices when it comes to families. Last summer we faced an unprecedented...

Negotiations on Detention of Refugee Moms, Kids Divide Advocacy Groups

"The Obama administration has conceded that it must curtail long-term detention of migrant mothers and children. But officials may have to go even further if government lawyers agree to a confidential proposal that would limit the detention of most parents and children to less than two weeks. ...

Lawyer Threatened With Contempt For Leaking Family Detention Documents

"A federal judge has threatened to hold an immigration attorney in contempt of court after he leaked to McClatchy confidential settlement documents in a high-stakes legal battle over family detention. U.S. District Judge Dolly Gee of the Central District of California has ordered New York lawyer...

Mellouli Update - Kevin Johnson

The “sock removal” case continues: Mellouli v. Lynch and compliance with the Court’s mandate "Last June, the U.S. Supreme Court provided Moones Mellouli, a lawful permanent resident who had been ordered removed from the United States, with a victory in his efforts to reverse...

BIA Invites Amicus Briefs on Francisco-Alonzo, 'Ordinary Case' Methodology

SEPTEMBER 28, 2015 - Amicus Invitation No. 15-09-28, DUE OCTOBER 28, 2015 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1) What effect, if any, does the Supreme Court’s decision...

AILA Welcomes Benjamin Johnson as New Executive Director

AILA Doc No. 15102930 | Dated October 29, 2015 WASHINGTON, DC - The American Immigration Lawyers Association (AILA) announced today that Benjamin Johnson will serve as AILA's new executive director beginning January 11, 2016. Mr. Johnson comes to AILA after leading the American Immigration...

The Overwhelming Barriers to Successful Immigration Reform - Daniel J. Tichenor

Daniel J. Tichenor, May 25, 2016 - "Nearly every new American president of the modern era has viewed the nation’s immigration policies as deeply flawed. Yet few of these modern executives have been willing to make immigration reform — one of the most dangerous issues in American politics...

Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results

Attorney Bryan Johnson writes: "Here is the link to full FOIA results of certain BIA remands: https://www.dropbox.com/sh/ii49w8ybsb31q67/AAABiGOuyufqOGTK23QI8BTCa?dl=0 https://www.dropbox.com/s/gqs5i872hocq5tm/2016-23184%20Admin%20%26%20BCR%20Redacted%20Final.pdf?dl=0 I've yet to...

Supreme Court to Test 'Void for Vagueness' Doctrine: Cert. Granted in Lynch v. Dimaya

SCOTUSblog, Sept. 29, 2016 - "Issue: Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague."

Lawyers Call for Investigation of Immigration Judges re Asylum, Children

Bryan Johnson, Sept. 29, 2016 - "Several Immigration Judges at the Charlotte and Atlanta Immigration Courts are responsible for knowingly and systematically depriving unrepresented immigrants before them of their right to apply for asylum and/or Special Immigrant Juvenile Status. What follows is...

Former BIA Members and IJs Blast Refugee Detention Regime

In a 4-page letter dated October 31, 2016 to DHS Secretary Jeh Johnson, twelve former BIA members and Immigration Judges made the case for due process for asylum applicants, and criticized the current detention regime.

SCOTUS Argument Preview: The Constitutionality of Immigrant Detention - Kevin Johnson

Kevin Johnson, Nov. 23, 2016 - "In recent years, the U.S government has aggressively used detention of immigrants as a tool for enforcing the immigration laws. Immigration detention became national news in 2014 when the Obama administration detained tens of thousands of Central American women and...

S.C. Oral Argument Analysis: Immigrant Detention and the Constitution - Jennings v. Rodriguez

Kevin Johnson, Dec. 1, 2016 - "[T] he justices appeared deeply divided during oral argument in Jennings v. Rodriguez . This class-action challenge to immigration detentions raises questions about whether immigrants, like virtually any U.S. citizen placed in criminal or civil detention, must be guaranteed...

DHS Sec. Johnson to Congress: DACA Info Should Not Be Used for Enforcement (with exceptions) - Letter

DHS Sec. Jeh Johnson, Dec. 30, 2016 - "Dear Representative Chu: On behalf of the Administration, I write in response to the letter you and 110 other members of Congress sent the President on December 5. In your letter, you ask us "to do everything within [ our] power to safeguard the personal...

Supreme Court News (Tuesday, January 17, 2017) - Updated

Today, January 17, 2017, the SCOTUS hears oral argument in Lynch v. Dimaya , a case with "potentially far-reaching constitutional implications," according to Prof. Kevin Johnson . Here's a link to the transcript . Last Friday, January 13, 2017, the SCOTUS granted certiorari in Maslenjak...

Analysis of Lynch v. Dimaya Oral Argument: Prof. Kevin R. Johnson

Prof. Kevin R. Johnson, Jan. 18, 2017 - "[On January 17, 2017,] the Supreme Court heard oral argument in Lynch v. Dimaya , a criminal-removal case. The court has taken up several of these in recent years, including Esquivel-Quintana v. Lynch , which the justices will hear next month. Unlike some...