Please note that some of the details in these articles may be out of date.
On November 24, 2020, the U.S. Court of Appeals for the Sixth Circuit issued a decision in the case of Hernandez-Serrano v. Barr, rejecting a challenge to Matter of Castro-Tum and concluding that Immigration Judges and the Board of Immigration Appeals (BIA) do not have the general authority to administratively close cases. The full decision … Read more
OK, let’s get straight to the point: If you are in the United States without permission, you need to carry proof that you have resided in the United States for at least the most recent two years. Here’s why. What is “expedited removal”? On June 25, 2020, the Supreme Court ruled that if you are … Read more
On June 8, 2020, the U.S. Supreme Court announced that this Fall it will hear an immigration case from Michigan. The case involves a question of national importance about which persons are eligible to apply for a benefit in Immigration Court called Cancellation of Removal. The case is called Niz-Chavez v. Barr. Mr. Niz-Chavez … Read more
Back in February 2020, we discussed a case at the U.S. Supreme Court involving a federal statute that makes it a crime to encourage or advise immigrants in the country to stay illegally. The question, as it was presented to the Supreme Court, was whether the federal statute is unconstitutional because it tends to criminalize … Read more
Among the eight immigration cases pending at the U.S. Supreme Court is one involving the First Amendment. On February 25, 2020, the Supreme Court heard oral arguments in U.S. v. Sineneng-Smith, a case involving a federal statute that makes it a crime to encourage or advise immigrants in the country to stay illegally. The Supreme … Read more
On February 6, 2020, a federal judge permanently blocked a DHS policy shift regarding persons who entered the United States on student visas and who later fell out of valid status. Background Many noncitizens who enter the United States on certain nonimmigrant visas – including F, J, and M student visas – are permitted to … Read more
In earlier posts, we discussed the Trump Administration’s proposed new rule about denying permanent resident status to applicants who are considered likely to become a “public charge.” That new rule was set to take effect on October 15, 2019, but courts issued orders blocking the implementation of the new rule while the cases challenging it … Read more
As we noted earlier, among the eight immigration cases pending at the Supreme Court is the question of whether the current administration’s attempt to end DACA was legally proper. The Supreme Court heard oral argument on November 12, 2019. The case focuses on two questions: (1) Are the courts even allowed to review the government’s … Read more
The U.S. Supreme Court has eight pending immigration cases, and we are likely to see decisions on most or all of them by June 2020, when the Supreme Court ends its current session. Here is a run-down of the eight cases: Perhaps the most anticipated case involves the future of DACA. The Supreme Court will … Read more