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The US Court of Appeals for the Third Circuit has ruled that an immigration judge’s two-sentence decision denying asylum to an Ecuadorean man was insufficient. The case was brought by Jorge Luis Valarezo-Tirado for review of an Immigration Judge’s reinstatement of his prior order of removal.
The US Supreme Court Monday ruled in two separate cases that undocumented immigrants who are detained for more than six months are not entitled to a bond hearing. The Supreme Court reversed the Third Circuit’s decision. Justice Sonia Sotomayor noted that the courtruled in Jennings v.
The US Fourth Circuit Court of Appeals reversed Tuesday a lower court order and ruled against a trailer park in a case involving the application of the Fair Housing Act (FHA). The court found that the policy had a disproportionate impact on Latino residents.
The US Supreme Courtruled Friday in US v. 1324(a)(1)(A)(iv) , a federal law that criminalizes the encouragement of illegal immigration, does not violate the First Amendment of the US Constitution. ” The US government filed a petition for a writ of certiorari to the Supreme Court in 2022. Hansen that 8 U.S.C.
In the lead-up to a highly-anticipated ruling from France’s Highest Constitutional Court that must be delivered before Thursday, hundreds of thousands gathered across the country to protest against President Emmanuel Macron’s proposed immigration law reform package.
The UK’s House of Commons passed a bill to declare Rwanda a safe country by 320 votes to 276, seeking to bypass the courts to implement the government’s plan to send some asylum seekers to pursue their claims in Rwanda. The former minister’s amendment was subsequently rejected.
The UK’s High Court Upper Tribunal Immigration & Asylum Chambers ruled Wednesday that the Home Office failed to properly investigate deaths at immigration centers. The courts halted Lawal’s deportation, which allowed him to subsequently give evidence.
The US Supreme Courtruled 5-3 Thursday that undocumented immigrants bear the burden of showing that they have not been convicted of a crime involving “moral turpitude,” or they will face lawful removal. Clemente Pereida, is being deported under the Immigration and Nationality Act (INA) of 1952.
Australia’s Federal Circuit and Family Court Monday ruled that Serbian tennis star Novak Djokovic’s visa was improperly cancelled by Australian border services, and that he must be allowed to enter Australia immediately. The post Australia courtrules Novak Djokovic allowed to enter Australia appeared first on JURIST - News.
The Court of Justice of the European Union Thursday held that Lithuanian law ordering the automatic detention of asylum seekers was inconsistent with EU law. This law was under judicial review by the Supreme Administrative Court of Lithuania for a preliminary ruling on the status of a detained asylum seeker.
The Australian Human Rights Commission released a report on Monday outlining concerns regarding the conditions at the Yongah Hill Immigration Detention Centre in Northam, Western Australia. The Migration Act 1958 establishes Australia’s mandatory immigration detention framework.
The US Supreme Court heard oral arguments for two immigration cases Tuesday that address the rights of detained noncitizens to have a bond hearing after six months of detention. Arteaga-Martinez’s asylum case was referred to an immigration judge but he remained in detention while it was processed. The second case, Garland v.
The US Department of Justice filed an appeal on Friday with the US Court of Appeals for the Fifth Circuit challenging a lower courtruling in July blocking new applications to the Deferred Action for Childhood Arrivals (DACA) program. The court also held that DACA failed the first step in Chevron USA v Natural Res.
The US Supreme Courtruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence.
An Italian court on Friday ruled against the detention of asylum seekers sent from Italy to Albania for processing, stating that the refugees’ home countries are not considered safe enough for a possible return. The post Italy courtrules against first asylum seeker transfer to Albania appeared first on JURIST - News.
The Australia High Court Wednesday rejected a constitutional challenge to section 46(2) of the Administrative Appeals Tribunal Act (AATA). However, the courtruled that section 46 does not disadvantage a person in the appellant’s position but instead offers them a statutory remedy.
The European Court of Human rights has found that Denmark violated its international human rights obligations when it imposed a law that lengthened the amount of time a newly-arrived refugee must wait until they can apply for family reunification.
The Hungarian Constitutional Courtruled against a petition from Prime Minister Viktor Orban’s government Friday, seeking to challenge a ruling from the Court of Justice of the European Union that held Hungary’s asylum policies broke European law.
A Chinese refugee affected by recent Australian emergency laws subjecting certain refugees to monitoring challenged the laws in Australia’s high court on Wednesday, according to ABC News (Australia). these changes follow a high courtruling that the indefinite detainment of immigrants who could not be extradited was unlawful. .”
The US Supreme Courtruled on Friday that citizens do not have a right to have their non-citizen spouses allowed into the country. She attempted to obtain an immigrant visa for her husband, Salvadoran citizen Luis Asencio-Cordero, who had lived in the US for several years. The case of Department of State et al. Muñoz et al.
Share The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland , reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Check back soon for in-depth analysis of the opinion.
The case is in the US District Court for the Western District of Texas. The appeal will go to the US Court of Appeals for the Fifth Circuit. This is not the only litigation concerning Texas taking steps to block immigration into the state from Mexico.
“Massachusetts judge can be prosecuted for blocking immigration arrest, courtrules”: Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
The European Court of Justice (ECJ) ruled Monday that two vessels owned by non-profit Sea Watch may have been wrongly detained by the Italian government. Sea Watch then appealed the detention in Italian court. The ECJ ruling is not binding on the Italian courts nor on either party to the legal dispute.
The US Supreme Courtruled unanimously on Monday on an immigrant status case regarding noncitizens seeking to change their immigration status from temporary protected status (TPS) to lawful permanent residency.
A three-judge panel of the Fifth District Court of Appeals ruled Tuesday that a controversial Texas law, Senate Bill (SB) 4 , will remain on hold as litigation continues. The law would also empower state magistrates to issue removal orders to individuals found to be in breach of immigration policy. ” Judge Andrew S.
The High Court of New Zealand Tuesday held that the classification of a deportee as a returning prisoner and the subsequent imposition of special conditions on him amounted to double jeopardy and is therefore unlawful and contrary to the New Zealand Bill of Rights Act. The determination of G being a returning prisoner must also be quashed.
“Appeals CourtRules Against DACA Immigration Program; Obama-era initiative benefiting young immigrants was unlawful, panel says, but it doesn’t cut off access for current program recipients”: Michelle Hackman of The Wall Street Journal has this report.
Amnesty International Australia issued a statement on Tuesday denouncing the Australian federal government’s newly proposed bill reintroducing punitive measures targeting a group of people released from immigration detention emphasizing that it undermines the recent High Court decision and breaches Australia’s international obligations.
Share In a pair of cases on Monday, the Supreme Courtruled against non-U.S. The question before the court was whether the post-removal order statute authorized his prolonged detention, and if so, whether the government was required to provide a bond hearing before an immigration judge after six months of detention.
The European Commission voted Friday to refer Hungary to the Court of Justice of the European Union, alleging that Hungary failed to comply with a 2020 Court of Justice judgment ordering reform of Hungary’s exclusionary asylum laws.
“Supreme CourtRules on Tribal Police and Immigrants’ Testimony; In unanimous decisions, the justices refused to suppress evidence found by a tribal officer and rejected a presumption in favor of immigrants’ credibility”: Adam Liptak has this article in today’s edition of The New York Times.
The Australian High Court passed a judgement on Friday that dismissed an Iranian asylum seeker’s plea to be released from immigration detention and enter the country. However, his application was refused and rejected again by a delegate of the Minister for Immigration and Border Protection in 2017.
“Supreme Court Rejects Bail Hearings for Jailed Immigrants; A federal law, the justices ruled, does not require immigration judges to consider whether immigrants may be released while their challenges are pending”: Adam Liptak has this article in today’s edition of The New York Times.
The Supreme Court of Canada announced Thursday they would hear the appeal of a lower courtruling that re-implemented Canada’s Safe Third Country Agreement (STCA) with the United States. The Supreme Court’s hearing has not yet been scheduled.
3 , issued by the Superior Court of Bogota, detailed the terms of his release, stating that Mancuso was granted a non-custodial alternative in the form of a commitment agreement, effectively ending his detainment under pretrial detention security measures within the jurisdiction. Document of Freedom No.
The Court of Justice of the European Union (CJEU) ruled Tuesday that Hungary violated EU law by criminalizing organizational support for asylum seekers. The Hungarian legislature justified its legislation, claiming that it prevented misuse of the asylum procedure and illegal immigration based on deception. .”
“Supreme Court Makes It Harder For Undocumented Immigrants To Fight Deportation”: Nina Totenberg of NPR has this report. Kimberly Strawbridge Robinson of Bloomberg Law reports that “ Longtime Immigrants Fall Short in Surprise High CourtRuling.” Supreme Court in Pereida v.
The UK High Courtruled Thursday that the Home Secretary acted unlawfully by routinely accommodating unaccompanied asylum-seeking children (UAS children) in hotels. The judge also held that Kent County Council acted unlawfully by breaching its legal duty to look after these children.
The UK Supreme Court on Friday dismissed Shamima Begum’s request to be allowed to return to the country to appeal the deprivation of her citizenship. . She then challenged the dismissal of her application and the deprivation of citizenship in the Special Immigration Appeals Commission (SIAC).
Share In an opinion released on Thursday, the Supreme Courtruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The case, Santos-Zacaria v.
The UK High Courtruled on Thursday that Secretary of State for the Home Department Suella Braverman must not exercise her new powers to restrict protection and support of victims of modern slavery without first considering the risks of re-trafficking. The High Court ultimately agreed with the claimants.
The US Court of Appeals for the Second Circuit ruled Tuesday that child endangerment convictions are deportable offenses and apply retroactively. However, the court rejected his arguments. Marquez further argued that because the ruling did not occur until 2010, he is facing retroactive punishment without fair warning.
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