Beth Werlin
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BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, …
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Permanent link to this article: http://immigrationimpact.com/2011/06/13/pending-a-resolution-of-doma-immigration-judges-should-exercise-discretion-to-stay-removal-cases/
Findings released last week by the New York Immigration Representation Study reveal what immigration advocates long have said: whether a person has legal representation is a critical factor in obtaining a favorable result in immigration court. The findings—which are based on a study of individuals apprehended in New York from October 2005 through December 2010—show …
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Permanent link to this article: http://immigrationimpact.com/2011/05/12/another-study-highlights-need-for-legal-representation-in-immigration-court/
This week, the United States Supreme Court opened its October session. Among the cases it will hear is a challenge to a state law that sanctions employers for hiring unauthorized workers. This is the first case challenging the recent influx of state and local laws attempting to regulate immigrants and immigration and an opportunity for …
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Permanent link to this article: http://immigrationimpact.com/2010/10/07/supreme-court-to-hear-two-cases-affecting-immigrants-including-a-case-challenging-a-recent-anti-immigrant-law/
Yesterday, the Ninth Circuit Court of Appeals issued a simple but clear reminder to the United States Citizenship and Immigration Services (USCIS) that it must act within the bounds of the law. The issue before the court was whether USCIS could properly deny an employment-based, “extraordinary ability” visa because the petitioner had not demonstrated “the …
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Permanent link to this article: http://immigrationimpact.com/2010/03/05/court-of-appeals-finds-uscis-acted-outside-the-law/
For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, …
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Permanent link to this article: http://immigrationimpact.com/2010/02/09/new-aba-study-documents-serious-system-wide-problems-in-the-removal-process/
Yesterday, the U.S. Supreme Court issued a decision ensuring that immigrants facing deportation have fair process in the review of their cases. The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to reopen the case. The Court’s decision …
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Permanent link to this article: http://immigrationimpact.com/2010/01/21/supreme-court-protects-immigrants-access-to-court-review/
Last week, the U.S. Supreme Court announced it would decide whether a permanent resident who was convicted of a second drug possession offense can be deported without an opportunity to make a case for why he should be allowed to remain in the United States. This case, which will resolve a split in the federal …
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Permanent link to this article: http://immigrationimpact.com/2009/12/21/supreme-court-to-decide-whether-long-term-resident-can-be-deported-based-on-possession-of-anxiety-drug/
Two recent reports draw attention to yet another defect in the government’s problem-ridden detention system: ICE’s practice of regularly transferring immigration detainees from one jail to another, often far from where ICE initially arrested them. Transfers have a devastating effect on a person’s ability to retain counsel and maintain an attorney-client relationship; present a defense …
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Permanent link to this article: http://immigrationimpact.com/2009/12/08/ice-transferring-detainees-impedes-their-access-to-counsel-and-limits-their-right-to-present-a-defense-to-deportation/
Immigrants reasonably rely on their lawyers’ advice, and they expect their lawyers to be knowledgeable about immigration law and procedure. They count on their lawyers to be their voice in immigration court when facing removal and help ensure that they have a meaningful opportunity to be heard. In the great majority of cases, lawyers competently …
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Permanent link to this article: http://immigrationimpact.com/2009/11/23/the-right-to-a-remedy-for-ineffective-assistance-of-counsel/
Last week, the Supreme Court heard arguments in a case that involves an important safeguard for immigrants facing removal from the United States—access to federal court review. The case, Kucana v. Holder, was brought by an asylum seeker from Albania. Mr. Kucana is seeking court review of a government decision depriving him of the opportunity …
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Permanent link to this article: http://immigrationimpact.com/2009/11/16/supreme-court-hears-case-about-immigrants%e2%80%99-access-to-federal-court-review/
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