Federal Courts/Jurisdiction
Supreme Court Considering Whether Misdemeanor Results in Automatic Deportation
Last Tuesday, the Supreme Court heard oral arguments in Torres v. Lynch, a case that provides a harsh reminder of the real life consequences of our unforgiving immigration laws. The petitioner in the case, Jorge Luna-Torres, a lawful permanent resident, was convicted of a misdemeanor offense for which he… Read More
Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense
Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first step in unwinding the legal spiral that led to Moones Mellouli’s deportation in 2012 and a reaffirmation… Read More
Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court
Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration laws. Those who have legal representation rely on their attorneys to follow procedures and make arguments that may be virtually… Read More
Supreme Court Hears Argument on Whether Government Must Justify Its Visa Denial
The U.S. Supreme Court heard oral argument Monday in a case pitting a U.S. citizen who wants to live in the United States with her foreign national spouse against the U.S. government, which is intent on preventing even a modest level of court review when an immigrant visa is denied. Read More
When is Possession of a Sock a Deportable Offense?
Last week, the Supreme Court heard oral arguments in Mellouli v. Holder, No. 13-1034, a case that shows just how out of step immigration enforcement has become. Moones Mellouli was a conditional lawful permanent resident engaged to a U.S. citizen and resided in the U.S. for 8 years,… Read More
U.S. Supreme Court Takes Two Immigration Cases in New Term
The U.S. Supreme Court opened its new term on Monday – often referred to as “First Monday” because by law, the term must begin on the first Monday of October. Although the Court has taken no blockbuster immigration case like 2012’s Arizona v. United States, interpreting state authority… Read More
Supreme Court Decides Immigrants Can “Age-Out” of Visa Petitions
In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line… Read More
Why Federal Officials Reminded Schools Not to Discriminate Against Immigrant Students
Last week, the Department of Education took steps to help ensure that undocumented students are not deterred from enrolling at K-12 public schools. The Department issued updated guidance regarding public schools’ responsibility to provide equal access to elementary and secondary education for all students regardless of immigration… Read More
Local Anti-Immigrant Laws Die as More States and Municipalities Pursue Pro-Immigrant Policies
The Supreme Court announced this week that it would not review the appeals of lower-court decisions finding that local anti-immigrant ordinances passed by Farmers Branch, Texas and Hazleton, Pennsylvania were unconstitutional infringements on federal immigration law. The laws would have required private landlords to verify the immigration status… Read More
California Court Rules Undocumented Immigrant Can Be a Licensed Attorney
The California Supreme Court ruled last week that Sergio Garcia, a Mexican undocumented immigrant who has spent more than 17 years living in the U.S., should be licensed to practice law in the state of California. In the unanimous decision, California Chief Justice Tani Cantil-Sakauye wrote it is “extremely unlikely” that Garcia would be deported under current immigration policy. "Under these circumstances, we conclude that the fact that an undocumented immigrant's presence in this country violates federal statutes is not itself a sufficient or persuasive basis for denying undocumented immigrants, as a class, admission to the State Bar," she wrote. Read More
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