Federal Courts/Jurisdiction

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American plaintiffs in the case—28 mothers and their 33 children, many of whom have been detained for over a year—fled north to the United States after escaping […]

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Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

Immigrants rely heavily on the advice of their lawyers, often times entrusting their entire livelihood on the merits of the counsel. But what happens when a lawyer gives their client bad advice, and that advice becomes the catalyst for their deportation? This is the question the Supreme Court tackled on Tuesday, asking whether an immigrant […]

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Travel Ban 2.0 Halted by Two District Judges

Travel Ban 2.0 Halted by Two District Judges

The Trump administration has failed in its attempt to rewrite the executive order banning individuals from targeted Muslim-majority nations in order to pass legal muster. On the eve of the new order taking effect, two district judges have shut it down. The first nationwide order was issued by a district court in Hawaii on Wednesday […]

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Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent

Written by on February 22, 2017 in Abuses, Enforcement, Federal Courts/Jurisdiction with 1 Comment
Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent

Officers with U.S. Customs and Border Protection (CBP)—the federal agency which includes the Border Patrol—are rarely held accountable for their actions. Nowhere is this more apparent than in the case of Sergio Hernandez, a 15-year-old boy shot dead in 2010 in Mexico by a Border Patrol agent who fired on him from the U.S. side […]

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Five Important Points Made by the Court That Rejected the Muslim Ban

Five Important Points Made by the Court That Rejected the Muslim Ban

The Ninth Circuit Court of Appeals sent some strong messages to the President: he cannot shield himself from court review by claiming “national security;” he may only set policies that are consistent with our Constitution; and key parts of the Executive Order banning refugees and noncitizens from seven Muslim-majority countries are likely unconstitutional. In its […]

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Federal Appeals Court Says Muslim Ban Stays on Hold

Federal Appeals Court Says Muslim Ban Stays on Hold

The Ninth Circuit Court of Appeals denied the federal government’s emergency request to lift the temporary restraining order halting the implementation of President Trump’s travel ban.  The Court rejected the government’s attempt to shield the Executive Order behind national security, explaining that doing so “runs contrary to the fundamental structure of our constitutional democracy.” This decision affirms […]

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Supreme Court Weighs Challenge to Vague Grounds of Deportation

Written by on January 19, 2017 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Weighs Challenge to Vague Grounds of Deportation

Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no doubt that the intersection of criminal and immigration law is complex, but how vague can a statute be before it is […]

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California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

Unlike in criminal court, where those charged with a crime often hire bail bondsmen and consequently only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and Customs Enforcement (ICE) often have to pay the full amount of a bond because there are very few immigration bond companies. Most of […]

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Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in California, raises important questions about whether the government has the authority to categorically deny certain detained immigrants the right to have […]

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Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

A federal judge ordered the Border Patrol to immediately cease its practice of refusing to provide basic amenities to people detained in Border Patrol holding cells in Tucson, Arizona. The judge cited evidence that shows that detainees are kept in freezing holding cells—often called “hieleras” or “iceboxes” —for days without any access to showers or […]

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