JURIST

JUNE 13, 2022

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 court ruled in Jennings v.

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JURIST

JANUARY 13, 2022

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.

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JURIST

JANUARY 21, 2021

A judge for the US District Court for the District of Columbia on Monday blocked implementation of most of a rule that would have dramatically increased the fees for immigration proceedings in which individuals face deportation.

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JURIST

APRIL 22, 2024

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.

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JURIST

JUNE 24, 2023

The US Supreme Court ruled 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.

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JURIST

SEPTEMBER 23, 2021

A judge for the US District Court for the Southern District of Florida on Tuesday struck down a portion of a Florida immigration law as unconstitutional and declared that the measures within the bill were racially motivated. Gruter was the senator that sponsored SB 168.

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JURIST

OCTOBER 13, 2022

The Australia High Court Wednesday rejected a constitutional challenge to section 46(2) of the Administrative Appeals Tribunal Act (AATA). However, the court ruled that section 46 does not disadvantage a person in the appellant’s position but instead offers them a statutory remedy.

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JURIST

AUGUST 10, 2021

The US Court of Appeals for the Third Circuit on Monday upheld a New Jersey state law enforcement directive limiting local police interactions with, and/or barring its cooperation with federal immigration authorities. The US District Court for the District of New Jersey consolidated the cases in November 2019.

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JURIST

DECEMBER 20, 2024

Italian Deputy Prime Minister Matteo Salvini was acquitted by a Sicilian court Friday on charges of kidnapping and dereliction of duty over his refusal to allow a boat carrying migrants to dock in Italy. The prosecution’s request for a six-year prison sentence and civil claims for over one million euros in damages was ruled unfounded.

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JURIST

OCTOBER 19, 2024

The Supreme Court of India upheld Thursday Section 6A of the Citizenship Act, 1955, which grants Indian citizenship to immigrants from outside India who entered the Indian state of Assam before March 25, 1971. All those who have come after 1971 will surely be treated as illegal immigrants.

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JURIST

JANUARY 12, 2021

The US Supreme Court on Monday heard oral argument in Pham v. The case stems from a dispute over whether a group of eight non-citizen immigrants, initially detained by the US government for illegal entry, could seek release via bond hearings before immigration judges.

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JURIST

OCTOBER 8, 2022

Director of the Executive Office for Immigration Review (EOIR) David Neal Friday filed a motion to dismiss a complaint from the National Association of Immigration Judges (NAIJ) regarding a policy restricting their ability to speak at public events.

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JURIST

DECEMBER 13, 2021

The Danish Court of Impeachment, or Rigsretten, Monday sentenced former Danish immigration minister Inger Støjberg to 60 days in prison. As immigration minister, Støjberg was responsible for administrating and enforcing Danish immigration law during the 2015 European migration crisis.

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JURIST

JANUARY 22, 2024

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.

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JURIST

MARCH 26, 2025

Specifically, the bill permits law enforcement to detain any individual arrested with or “without” a warrant at a police station, county correctional facility, “or other place provided for the detention of offenders…” for up to 36 hours before being taken to appear before court.

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JURIST

NOVEMBER 23, 2023

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 court ruling that the indefinite detainment of immigrants who could not be extradited was unlawful. .”

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JURIST

DECEMBER 6, 2021

The Supreme Court heard oral arguments Monday in Patel v. Garland (“the immigration case”) asking whether a federal court can review a decision by an agency within the Department of Justice ruling that a person is ineligible for permanent residency and in Hughes v. Thus, Patel sought review before the Supreme Court.

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JURIST

JUNE 21, 2024

The US Supreme Court ruled 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.

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JURIST

AUGUST 30, 2023

A federal judge in New Jersey struck down AB 5207 on Tuesday, concluding that New Jersey’s ban on detaining individuals for violating US civil immigration laws is unconstitutional. Kirsch noted that the Supremacy Clause prevents the court from giving effect to state laws that stand in conflict to federal laws.

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JURIST

APRIL 15, 2021

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.

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JURIST

OCTOBER 31, 2023

The restraining order marks another victory for Texas in federal court regarding the US-Mexico border. Earlier this year, a federal appeals court allowed Texas to leave floating barriers in the Rio Grande after Federal officials tried removing them.

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JURIST

APRIL 3, 2023

Human Rights Watch (HRW) last week criticized two immigration enforcement bills before the Texas state legislature that would expand the state’s ability to enforce immigration laws, a matter usually left to the US federal government. Statistics show that 2.4

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JURIST

MARCH 5, 2021

The US Supreme Court ruled 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.

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JURIST

DECEMBER 3, 2023

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.

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JURIST

FEBRUARY 28, 2023

A US federal judge Monday approved a settlement for over $1 million in a class action lawsuit that involved a 2018 immigration raid on a Tennessee meat packing plant that lead to the detainment of approximately 100 Latinx workers.

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JURIST

JANUARY 27, 2023

The US Court of Appeals for the Ninth Circuit Thursday issued an opinion holding that the US Board of Immigration Appeals (BIA) must consider whether non-US citizens who are perceived in their home countries to be LGBT and persecuted for being considered part of that group can be granted asylum in the US.

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JURIST

FEBRUARY 23, 2021

The Immigration Department of Malaysia said Tuesday that it has deported 1,086 “illegal” immigrants from Myanmar. The immigrants were deported through the RMN Lumut Base in Perak on 3 Myanmar Navy ships with cooperation from the Myanmar Embassy and the Royal Malaysian Navy.

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JURIST

MAY 27, 2022

Australia’s new interim Home Affairs minister Friday announced that a Sri Lankan family detained by immigration authorities since 2018 will be granted new visas and be permitted to return to their home in the Australian town of Biloela. In January Nades, Priya and Kopika were permitted by court order to apply for bridging visas.

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SCOTUSBlog

MAY 16, 2022

Share The Supreme Court on Monday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or will be allowed to remain in the country. But the Supreme Court held that a federal immigration statute — 8 U.S.C.

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JURIST

JULY 23, 2022

The US Supreme Court has temporarily blocked a Biden administration immigration policy. The states of Texas and Louisiana brought a lawsuit challenging this memorandum, which led to US District Court for the Southern District of Texas Judge Drew Tipton vacating the memorandum in June.

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JURIST

AUGUST 22, 2021

” The statute for apprehension and detention of non-citizen immigrants, 8 U.S. ” The statute for apprehension and detention of non-citizen immigrants, 8 U.S. Code § 1226 , did not previously specify the burden of proof to be met at immigration bond hearings.

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At the Lectern

DECEMBER 21, 2024

The latest edition of California Legal History , the Journal of the California Supreme Court Historical Society , is out and available here. (Im Im on the Societys board of directors.)

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JURIST

JANUARY 17, 2024

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.

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JURIST

AUGUST 8, 2024

The Ontario Superior Court of Justice (ONSC) certified a class action lawsuit on Tuesday involving the Canadian federal government and the detention of 8,360 immigration detainees in 87 provincial prisons across Canada. According to the manual, immigration detention is “administrative detention and must not be punitive in nature.”

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JURIST

MARCH 19, 2024

The US Court of Appeals for the Fifth Circuit on Tuesday blocked enforcement of Texas’s law criminalizing illegal entry into the state from other countries, hours after a divided US Supreme Court allowed the law to go into effect. The court initially imposed the stay on March 2nd.

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SCOTUSBlog

APRIL 29, 2021

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.

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Above The Law

FEBRUARY 3, 2025

After prompting the consumer-facing AI to do some research (bad idea), and putting that into a filing (worse idea), he decided to throw another shrimp on the barbie and submit the documents filled with references to phony cases to the court (worst idea). And — in matters like immigration — potentially tragic ones.

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