SCOTUSBlog

DECEMBER 7, 2021

Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. First, the applicant must meet precise eligibility requirements under the statute. Second, immigration officials must exercise their discretion to grant the relief.

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LawSites

JUNE 21, 2023

A new generative AI product for immigration lawyers announced today is designed to help them conduct research, draft and summarize complex legal documents, and engage with potential clients through a chat interface. “Immigration law is an incredibly complex, high-stakes area of law. Called Visalaw.ai

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JURIST

MAY 16, 2022

The US Supreme Court Monday held in a 5-4 opinion written by Justice Amy Coney Barrett “[f]ederal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 US Code § 1252(a)(2)(B)(i).” ” In Patel v.

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JURIST

JUNE 7, 2021

The US Supreme Court ruled 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.

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SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. An immigration judge agreed and ordered Pugin removed.

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JURIST

MAY 25, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident in 1990. 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. The case, US v.

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Court Rules Court Felony Immigration 196

LegalReader

AUGUST 19, 2021

District Judge Miranda Du observed the racially charged beginnings of United States Code Section 1326, the first federal statute criminalizing illegal re-entry after deportation or removal. In her ruling, U.S.

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Attorney at Work

MAY 31, 2022

Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . The statute of limitations ran out due to his forgetting the deadline. The statute of limitations ran out due to his forgetting the deadline.

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SCOTUSBlog

MARCH 28, 2023

1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech. The justices first questioned Fletcher on how to interpret the law. The argument unfolded in many ways as expected.

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JURIST

JUNE 8, 2022

” The Board of Immigration Appeals (BIA) found “that this conviction was a crime involving moral turpitude that made him ineligible for cancellation of removal” from the United States. ” The post Ninth Circuit rules possession of forged SSN is grounds for deportation appeared first on JURIST - News.

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SCOTUSBlog

JUNE 14, 2022

Share On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation orders and were in lengthy detention, rejecting lower courts’ rights-protective interpretation of the relevant detention statute and blocking an important avenue for injunctive relief in immigration detention cases.

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SCOTUSBlog

APRIL 28, 2021

The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. Ashcroft , decided after the entry of his removal order, revealed that the administrative agency’s decision to deport him was not justified by law. That statute, 8 U.S.C.

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JURIST

JANUARY 3, 2024

The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.

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SCOTUSBlog

DECEMBER 9, 2022

Share The Supreme Court on Friday afternoon agreed to hear four new cases, including a First Amendment challenge to a federal law that prohibits encouraging illegal immigration. The federal law at the center of Polselli v. In United States v. Hansen , the justices agreed to review the constitutionality of 8 U.S.C.

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SCOTUSBlog

JANUARY 12, 2021

The court must decide which of two federal statutes governs these migrants’ eligibility to be released on bond. One was technical: “Our position turns on what is true in the eyes of the law, not what ends up happening in practice.” But by statute, a withholding claim can be reviewed only as part of the review of a removal order.

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Paralegal Bootcamp

JULY 25, 2022

Modern law is extraordinarily complex. A program in criminal justice is a common choice because this exposes students at an early stage to a range of law-related subject matter. It’s built upon dysfunctional models like income inequality, sexism, racism, and much more. Why do these partnerships matter? A Protector.

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SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce.

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SCOTUSBlog

JUNE 7, 2021

Share The Supreme Court unanimously ruled on Monday that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v.

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SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws.

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SCOTUSBlog

APRIL 20, 2023

An obstruction of justice offense, he said, includes any crime requiring that the accused have the specific intent to willfully interfere with the process of justice and law. The post No clear path on how court will rule after oral arguments in two immigration cases Monday appeared first on SCOTUSblog.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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The Crime Report

JULY 29, 2021

Hate crime laws in the U.S. A comprehensive national review of hate crime laws by MAP shows gaps and variances in laws after a year-long focus on COVID-era hate violence directed at Asian Americans and Asian immigrants. Hate crime laws in the U.S. According to available data, although the majority of all U.S.

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JURIST

JULY 6, 2024

” The court reiterated that Article 14 of the 2020 National Security Law (NSL 14) is “most clear” that the Standing Committee of the Chinese National People’s Congress (NPCSC) does not intend to confer jurisdiction on the Hong Kong courts to review any decision of the NSC.

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SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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SCOTUSBlog

SEPTEMBER 10, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Kentucky can recover $870 million from an online poker platform to recoup Kentuckians’ losses and whether federal approval of Roundup can protect Monsanto from violations under California law. Both the district court and the U.S.

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SCOTUSBlog

NOVEMBER 4, 2022

De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. He became a lawful permanent resident after marrying a U.S. A list of all petitions we’re watching is available here. In its 1951 decision in Jordan v. citizen the following year.

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SCOTUSBlog

MAY 26, 2023

The Supreme Court has issued a number of decisions in recent years limiting the reach of the federal wire-fraud statute, which outlaws the use of “the wires” – including internet and phone lines – to commit fraud. The court reasoned that the focus of the wire-fraud statute is the misuse of U.S. Warner Chappell Music, Inc.

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ClimateChange-ClimateLaw

MAY 8, 2024

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.

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The Crime Report

JUNE 29, 2021

The study, published by the Idaho Law Review, exposed what its authors call an unhealthy conflict between using fines and fees as both a source of revenue and punishment, and said they imposed an inequitable burden on the rural poor and communities of color. It called on Gov. The full report can be accessed here.

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SCOTUSBlog

APRIL 29, 2024

Monday’s grants involve (among others) the interpretation of federal racketeering laws and the “benefit of the doubt” rule for veterans. It ruled that because RICO’s reference to the term “business” includes “employment,” Horn had indeed suffered an injury to his “business” for purposes of the RICO law. In Medical Marijuana v.

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SCOTUSBlog

NOVEMBER 7, 2021

Monteilh’s identity and work as a confidential informant was revealed two years later, in connection with an immigration fraud case that the government eventually asked the court to dismiss. The FBI appealed to the Supreme Court last year, and the justices agreed in June to take up the case.

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Conflict of Laws

SEPTEMBER 15, 2024

By Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University From 29 July till 16 Augustus 2024, the Summer Courses on Private International Law (PIL) were held at the 93rd session of the summer courses of the Hague Academy of International Law. On the basis of case law in England and the U.S.

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SCOTUSBlog

JANUARY 8, 2024

8 for a packed session of oral arguments – starting with immigration policy and the post-9/11 “No Fly List” and ending on Jan. The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. Share The justices returned to the bench on Jan. Garland and Garland v. .

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SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Issue : Whether a federal court deciding a state-law issue in a bankruptcy case must apply the forum state’s choice-of-law rules or federal choice-of-law rules to determine what substantive law governs.

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Conflict of Laws

MARCH 21, 2023

On February 23 rd and 24 th , 2023, young scholars came together at the Siegmund Freud University, Vienna, to discuss different views on private international law under the theme of “Deference to the foreign – empty phrase or guiding principle of private international law?”.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. First, let’s look at the law. There is nothing unlawful about conveying individuals who are lawfully in the country pending their immigration hearings. The reason is that these claims are made for cable news, not courts of law.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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