Courts

Legal Challenges to Immigration Executive Action: Long on Politics, Short on Law

Written by on December 19, 2014 in Administration, Courts with 0 Comments
Legal Challenges to Immigration Executive Action: Long on Politics, Short on Law

Within hours of President Obama’s November announcement of his executive actions on immigration, collectively referred to as the Immigration Accountability Executive Action, lawsuits challenging these new policies began. The lawsuits appear to be politicized attempts to use the courts to challenge President Obama’s authority to defer deportations, even though widespread agreement exists that the president’s […]

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Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.

Written by on November 6, 2014 in Courts, Immigration Law with 1 Comment
Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.

This week, the federal district court for the Eastern District of Pennsylvania ruled that when U.S. Citizenship and Immigration Services (USCIS) granted Melvin Medina—a Honduran citizen who entered the United States without inspection on October 9, 1992—Temporary Protected Status (TPS), it “inspected and admitted” him for purposes of adjustment of status. This is now the […]

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How USCIS Tried to Keep Out a Skilled Brazilian Steakhouse Worker

Written by on October 28, 2014 in Courts, USCIS with 1 Comment
How USCIS Tried to Keep Out a Skilled Brazilian Steakhouse Worker

When a U.S. multinational company wants to bring a talented employee from overseas to work in the U.S. for a fixed period, it typically pursues what’s called an “L-1 visa” for transferring employees between related entities. There are two L-1 categories—the L-1A, which is reserved for executives and managers; and the L-1B, which is available […]

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How Can a Three Year Old Represent Himself in Court?

Written by on October 22, 2014 in Children, Courts with 6 Comments
How Can a Three Year Old Represent Himself in Court?

Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves against deportation. Among them is Arturo,* a three year old who arrived at the United States border in April 2014 because family members […]

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New Evidence Confirms Immigrant Children Show Up in Immigration Court

Written by on October 14, 2014 in Children, Courts, Immigration and Customs Enforcement with 2 Comments
New Evidence Confirms Immigrant Children Show Up in Immigration Court

As many of the unaccompanied minors who crossed the U.S-Mexico border earlier this summer navigate the immigration court system, recent government numbers confirm that the vast majority are showing up for their immigration hearings. Data released by the U.S. Executive Office for Immigration Review (EOIR) shows that between July 18 and the end of September, […]

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Corte Federal Niega Desestimar Caso de Ciudadana de Cuatro Años Deportada por CBP

Corte Federal Niega Desestimar Caso de Ciudadana de Cuatro Años Deportada por CBP

En 2011 una niña de cuatro años de edad fue detenida ilegalmente por oficiales de la Oficina de Aduanas y Protección Fronteriza de los Estados Unidos (CBP) al llegar al aeropuerto de Dulles, en el estado de Virginia. Luego de detener a la menor, los oficiales de CBP no permitieron que la niña tuviera contacto […]

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Federal Court Refuses to Dismiss Case of U.S. Citizen Girl Who Was Deported

Written by on October 10, 2014 in Courts, Department of Homeland Security, Deportation with 5 Comments
Federal Court Refuses to Dismiss Case of U.S. Citizen Girl Who Was Deported

In 2011, U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS), unlawfully detained a 4-year-old girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. The girl’s father subsequently filed a lawsuit on his daughter’s […]

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U.S. Supreme Court Takes Two Immigration Cases in New Term

Written by on October 9, 2014 in Supreme Court with 4 Comments
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 to enforce federal immigration laws, the Supreme […]

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Majority of Individuals Released from Immigration Custody Do Appear in Court

Written by on September 29, 2014 in Courts, Myths with 0 Comments
Majority of Individuals Released from Immigration Custody Do Appear in Court

Media outlets reported last week that according to Immigration and Customs Enforcement (ICE), about 70 percent of migrant families encountered at the border since May and released “haven’t reported” to an immigration office as instructed. ICE has released little other information about this data point. Several media outlets published this number but failed to provide […]

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Landmark Decision on Asylum Claims Recognizes Domestic Violence Victims

Written by on September 2, 2014 in Asylum and Refugee, Immigration Law with 2 Comments
Landmark Decision on Asylum Claims Recognizes Domestic Violence Victims

Last week, the Board of Immigration Appeals (BIA) issued a landmark decision that recognizes that women who have experienced domestic violence may be deemed a “member of a particular social group” which would help support a potential asylum case. The case, Matter of A-R-C-G-, arrives at a time when many Central American women and children […]

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