Tag: Ninth Circuit

Federal Court Allows Controversial ‘Remain in Mexico’ Policy to Continue

Federal Court Allows Controversial ‘Remain in Mexico’ Policy to Continue

The Department of Homeland Security (DHS) is resuming its controversial “Remain in Mexico” policy. This policy requires asylum-seeking Central American migrants who arrive at our Southern border to return to Mexico to await their immigration court hearings in the United States. A federal judge in California had previously blocked the policy’s implementation until the court […]

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Supreme Court Rules in Favor of Expansive Immigration Detention

Supreme Court Rules in Favor of Expansive Immigration Detention

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been previously released. The U.S. Supreme Court issued a decision in Nielsen v. Preap this week. A majority of the Court ruled that an immigration law […]

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Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge their deportation in federal court. Last week, in Thuraissigiam v. U.S. Department of Homeland Security, the Ninth Circuit Court of Appeals became the first federal appeals court […]

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Federal Court to Consider Again Whether Children Can Be Deported Without Attorneys

Federal Court to Consider Again Whether Children Can Be Deported Without Attorneys

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney. Currently, immigration courts order unrepresented children deported despite the potential life-or-death consequences of these cases. C.J. fled Honduras when he was 13-years-old after he was held […]

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DACA Is Still in Effect as It Heads to the Supreme Court

DACA Is Still in Effect as It Heads to the Supreme Court

The Ninth Circuit Court of Appeals issued a stinging rebuke to President Trump’s ongoing efforts to end the Deferred Action for Childhood Arrivals (DACA) initiative last week, unanimously upholding a lower court injunction which had blocked the Trump administration from ending the program. Just three days before that hearing, the Department of Justice (DOJ) took […]

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The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua, and Sudan. After weeks of negotiation with the ACLU, which brought the lawsuit, the government has now come forward with a plan to put that decision […]

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President Trump’s Anti-‘Sanctuary’ City Order Is Unconstitutional

President Trump’s Anti-‘Sanctuary’ City Order Is Unconstitutional

A key part of President Trump’s effort to bar so-called “sanctuary” cities and counties from receiving money from the federal government has been ruled unconstitutional. Last week’s decision by a federal court of appeals is just the latest in a string of defeats for the Trump administration in federal court as it continues to attack […]

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Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required the government to give certain immigrants […]

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3 Things You Need to Know About DACA Developments This Week

3 Things You Need to Know About DACA Developments This Week

There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately underscoring the need for an urgent fix for Deferred Action for Childhood Arrivals (DACA) recipients. In September, the administration ended the DACA program that provided a work […]

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Court Decision Ensures Many TPS Holders in Ninth Circuit May Become Permanent Residents

Court Decision Ensures Many TPS Holders in Ninth Circuit May Become Permanent Residents

Hundreds, if not thousands, of noncitizens with Temporary Protected Status (TPS) now are eligible to apply for lawful permanent residence because of a Ninth Circuit Court of Appeals decision. In Ramirez v. Brown, the Court ruled that a grant of TPS to a noncitizen qualifies as an “inspection and admission.” Under the Immigration and Nationality […]

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