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Expert: Clarification Needed on Supreme Court Travel Ban Ruling

Miriam Jordan, New York Times, June 27, 2017 - "In agreeing to hear two cases on President Trump’s travel ban, the court introduced a new phrase to the fraught discussion of refugees and Muslim immigrants: “bona fide relationship.” Those who can show a “bona fide relationship”...

Supreme Court May Have Bolstered Rights of Foreign Nationals with Ties to the United States - Cyrus Mehta

Cyrus Mehta, June 27, 2017 - "While disappointing that the Supreme Court allowed the ban to apply on visa applicants with no ties with the US from the banned countries, it may have permanently bolstered the rights of visa applicants who have ties to the US to challenge visa denials, which hitherto...

June 28, 2017 DOS Cable on Travel Ban After Supreme Court Order

From Reuters : Date: June 28, 2017 at 7:57:39 PM EDT Subject: (SBU) IMPLEMENTING EXECUTIVE ORDER 13780 FOLLOWING SUPREME COURT RULING -- GUIDANCE TO VISA-ADJUDICATING POSTS From: SECSTATE WASHDC Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE 1. (SBU) Summary: On June 26...

The Implicit and Explicit Rulings in the Trump v. IRAP Stay Decision - Prof. Geoffrey A. Hoffman

Prof. Geoffrey A. Hoffman, July 25, 2017 - " On June 26, 2017, the Supreme Court granted certiorari and partially granted the Trump administration’s request for a stay of the injunction on the travel ban. The explicit ruling narrowed the scope of the injunction. The implicit ruling is more...

Hawaii Responds in Latest Travel Ban Dispute (Sept. 12, 2017)

Amy Howe, Sept. 12, 2017 - "The state of Hawaii fired back this morning, urging the Supreme Court to stay out of the most recent skirmish in the battle over President Donald Trump’s March 6 executive order, often known as the “travel ban.” Yesterday the Trump administration went...

SCOTUS Stays CA9 Travel Ban Decision (Sept. 12, 2017)

SCOTUS Order List, Sept. 12, 2017 - "The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered...

Supreme Court Oral Argument Preview: Jennings v. Rodriguez

Prof. Kevin Johnson, Sept. 26, 2017 - "Detention as a tool of immigration enforcement has increased dramatically following immigration reforms enacted in 1996. Two Supreme Court cases at the dawn of the new millennium offered contrasting approaches to the review of decisions of the U.S. government...

Experts: Supreme Court Justice Gorsuch Could Be Key Vote on Immigration Cases

UC Davis School of Law Dean Kevin R. Johnson and Cornell Law School Professor of Immigration Law Practice Stephen W. Yale-Loehr share their thoughts on how Justice Neil Gorsuch's views could affect two big immigration cases now pending at the Supreme Court, Sessions v. Dimaya (to be argued Monday...

Transcript of Supreme Court Oral Argument, Sessions v. Dimaya (Oct. 2, 2017)

Transcript of Supreme Court Oral Argument, Sessions v. Dimaya (Oct. 2, 2017)

Jennings v. Rodriguez Supreme Court Oral Argument Transcript (Oct. 3, 2017)

Transcript, U.S. Supreme Court Case 15-1204, Jennings v. Rodriguez, Oct. 3, 2017

Ava Benach on Jennings v. Rodriguez Oral Argument (Law360)

Ava Benach, Oct. 10, 2017 - "Around the turn of the century, Hoang Minh Ly, a refugee and permanent resident of the United States, spent 564 days in detention by U.S. immigration authorities who sought his removal to his native Vietnam. He was released from detention only after a U.S. district court...

Colorado Supreme Court on Preemption, Smuggling: Fuentes-Espinoza v. People

Fuentes-Espinoza v. People, Oct. 10, 2017 - "This case requires the supreme court to determine whether Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), is preempted by the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101–1537 (2017) (“INA”...

Supreme Court Allows Trump Travel Ban to Take Effect

Adam Liptak, New York Times, Dec. 4, 2017 - "The Supreme Court on Monday allowed the third version of the Trump administration’s travel ban to go into effect while legal challenges against it continue. The decision was a victory for the administration after its mixed success before the...

Travel Ban (EO-3) Update: Peter S. Margulies

Dec. 5, 2017 - It's important to understand what yesterday's Supreme Court orders meant. Prof. Peter S. Margulies has these valuable insights: "On Monday, the Supreme Court issued a stay of the Maryland federal district court’s injunction against the Sept. 24 immigration order ...

Ninth Circuit Enjoins Trump Travel Ban 3.0, Stays Injunction Pending Supreme Court Review

Hawaii v. Trump, Dec. 22, 2017 - "For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries from entering the United States or being issued immigrant visas that they would ordinarily be qualified to...

Supreme Court Speeds Up Travel Ban Review, Pressure Now on CA4

Lyle Denniston, Jan. 8, 2019 - "Moving with unusual speed, the Supreme Court indicated on Monday that it will take its first look just 11 days from now at the Trump Administration’s new appeal seeking to defend the President’s third immigration order. That will no doubt force an earlier...

Supreme Court Grants Cert. in 'Stop-Time' Rule Case: Pereira v. Sessions

On Jan. 12, 2018 the Supreme Court granted cert. in 17-459, Pereira v. Sessions . Here is a link to the briefs so far.

Supreme Court to Review Travel Ban 3.0 - Trump v. Hawaii

Amy Howe, Jan. 19, 2017 - "The Supreme Court will hear oral argument on the challenge to President Donald Trump’s September 24 order, the latest version of what is often known as his “travel ban,” which limited travel from eight countries: Libya, Iran, Somalia, Syria, Yemen, North...

BREAKING: Supreme Court Won't Hear Trump's DACA Challenge Now

Lydia Wheeler and Rafael Bernal, The Hill, Feb. 26, 2018 - "The Supreme Court on Monday refused to hear the Trump administration's challenge to a lower court ruling temporarily blocking it from winding down the Obama-era Deferred Action for Childhood Arrivals (DACA) program. The decision delivers...

BREAKING: Supreme Court Reverses CA9 on Periodic Bond Hearings for Detained Aliens - Jennings v. Rodriguez

Jennings v. Rodriguez - "In this case we are asked to interpret three provisions of U. S. immigration law that authorize the Government to detain aliens in the course of immigration proceedings. All parties appear to agree that the text of these provisions, when read most naturally, does not give...

Expert: Supreme Court Remand Could Exacerbate Immigration Court Delays, Backlogs

David G. Savage, Los Angeles Times, Feb. 27, 2018 - "The case of Jennings vs. Rodriguez began in lower courts a decade ago, before Barack Obama was elected president. It was first argued at the high court in November 2016, a few weeks after Donald Trump won election. Trump's campaign pledge...

Jennings and the Metastization of the ERO Archipelago

Garrrett Epps, The Atlantic, Mar. 9, 2018 - "A quarter-century ago, in 1994, the Immigration and Naturalization Service, on any given day, was holding somewhere around 5,500 immigrants in “immigration detention.” For fiscal year 2017, Immigration and Customs Enforcement budget documents...

Supreme Court to Review INA Sec. 236(c) "When...Released" Case: Nielsen v. Preap

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately. Underlying CA9 case, Preap v. Johnson, Aug. 4, 2016...

BREAKING: Supreme Court, 5-4, Says 'Crime of Violence' Definition is Void for Vagueness - Sessions v. Dimaya

Sessions v. Dimaya - "Three Terms ago, in Johnson v. United States, this Court held that part of a federal law’s definition of “violent felony” was impermissibly vague. See 576 U. S. ___ (2015). The question in this case is whether a similarly worded clause in a statute’s...