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Justice Department Gave Supreme Court Incorrect Data in Immigration Case

Jess Bravin, Wall Street Journal, Aug. 30, 2016 - "The Justice Department said it provided the Supreme Court with erroneous information that helped it win a 2003 case upholding a blanket policy of denying bail to thousands of immigrants imprisoned while appealing deportation orders. The department...

Supreme Court Grants Cert. in Hernández v. Mesa

15-118 HERNANDEZ V. MESA DECISION BELOW: 785 F.3d 117 LOWER COURT CASE NUMBER: 12-50217 QUESTION PRESENTED: In Boumediene v. Bush, this Court held that the Constitution's extraterritorial application "turn[s] on objective factors and practical concerns," not a "formal sovereignty...

Cert. Granted in Esquivel-Quintana

Michael Carlin writes: "The Supreme Court granted cert in Esquivel-Quintana v. Lynch . I have been representing Mr. Esquivel-Quintana before the BIA and before the Sixth Circuit . Before the Supreme Court, I am working with Jeffrey Fisher (counsel of record) and others at Stanford's Supreme...

Preview of Supreme Court Oral Argument, Lynch v. Morales-Santana

SCOTUSblog - Whether Congress’s decision to impose a different physical-presence requirement on unwed citizen mothers of foreign-born children than on other citizen parents of foreign-born children through 8 U.S.C. 1401 and 1409 (1958) violates the Fifth Amendment’s guarantee of equal protection;...

Transcript of Sup. Ct. Oral Argument: Lynch v. Morales-Santana

No. 15-1191, November 9, 2016 - The above-entitled matter came on for oral argument before the Supreme Court of the United States at 10:01 a.m.

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...

Links to All Briefs in Today's Supreme Court Oral Argument: Jennings v. Rodriguez

Jennings v. Rodriguez case file, SCOTUSblog

Transcript of Supreme Court Oral Argument: Jennings v. Rodriguez

Supreme Court, Nov. 30, 2016

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...

Supreme Court Orders Supplemental Briefing: Jennings v. Rodriguez

SCOTUS Order, Dec. 15, 2016 - "The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond...

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...

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...

Legomsky and Yale-Loehr File Amicus Brief in Jennings v. Rodriguez

Cornell law Prof. Stephen W. Yale-Loehr writes: "Steve Legomsky and I signed the attached amicus brief in Jennings v. Rodriguez , the immigration detention bond case now pending before the Supreme Court. An excellent team at Ropes & Gray did a great job drafting the brief for us. It was obvious...

Preview of Today's Sup. Ct. Oral Argument in Hernández v. Mesa

Edith Roberts, SCOTUSblog, Feb. 21, 2017 - "Today the court returns from its February break to hear oral argument in ... Hernández v. Mesa , a case that stems from the cross-border shooting of a Mexican teenager by a U.S. Border Patrol agent. Amy Howe previewed the case for this blog . Another...

Transcript of Sup. Ct. Oral Argument: Hernandez v. Mesa (Feb. 21, 2017)

Here's a link .

Supreme Court Oral Argument Preview: Lee v. U.S. (Tues., Mar. 28, 2017)

Manny Vargas, Mar. 24, 2017 - "Mr. Lee repeatedly asked his lawyer about the risk of deportation if he agreed to plead guilty. Again and again, the lawyer reassured Mr. Lee that he would not be deported given, as the lawyer put it, Mr. Lee’s “30 plus years of living in the U.S. and strong...

S.Ct. Cal. on Ineffective Assistance: People v. Patterson

People v. Patterson, Mar. 27, 2017 - "Patterson argues that the prosecution cannot allege in good faith that he would have accepted the plea bargain even if he was aware of its immigration consequences because they have not proffered facts tending to show that such was the case, but the prosecution...

Transcript of Sup. Ct. Oral Argument: Lee v. US (Mar. 28, 2017)

Link here .

Cert. Denied in Castro v. DHS (CA3)

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from invoking the protections of the suspension clause"...

Supreme Court Oral Argument Preview: Maslenjak v. U.S.

Nancy Morawetz, Apr. 24, 2017 - "[On Wednesday, Apr. 26, 2017,] the Supreme Court will hear argument in Maslenjak v. United States , a case in which the government seeks extraordinary power to jail and strip citizenship from anyone based on an immaterial misstatement in a citizenship application...

Transcript of Sup. Ct. Oral Argument: Maslenjak v. US (Apr. 26, 2017)

IN THE SUPREME COURT OF THE UNITED STATES - - - - - - - - - - - - - - - - - x DIVNA MASLENJAK, : Petitioner : No. 16-309 v. : UNITED STATES, : Respondent . : - - - - - - - - - - - - - - - - - x Washington, D.C. Wednesday, April 26, 2017

Expert: Travel Ban Cases Will End Up at Supreme Court

Laura Jarrett, CNN, May 15, 2017 - "For the second time in President Donald Trump's young administration, the 9th US Circuit Court of Appeals will listen to lawyers battle over the legality of his executive order temporarily blocking foreigners from traveling to the US. ... The 9th Circuit isn't...

Legal Experts Take Issue With Comparisons Between Texas, Arizona Immigration Laws

Jason Buch, San Antonio Express-News, May 14, 2017 - "When Gov. Greg Abbott this month signed a bill banning so-called sanctuary cities in Texas, he said the “key policies” in the bill have “already been tested at the United States Supreme Court, and approved there.” Abbott...