Tag: Supreme Court

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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Supreme Court Nominee Neil Gorsuch on Immigration

Supreme Court Nominee Neil Gorsuch on Immigration

President Donald Trump announced his choice Tuesday to fill the Supreme Court vacancy left by the death of Justice Antonin Scalia nearly one year ago. In nominating Tenth Circuit Judge Neil Gorsuch, a Harvard Law School graduate who was confirmed to the Tenth Circuit Court of Appeals in 2006, President Trump has effectively chosen to […]

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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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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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Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

Written by on November 17, 2016 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of children born out-of-wedlock when granting citizenship to their children born abroad. In determining whether a U.S. citizen parent may transfer his or her citizenship to […]

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Government Admits Providing False Information to Supreme Court

Written by on August 31, 2016 in Detention, Federal Courts/Jurisdiction with 0 Comments
Government Admits Providing False Information to Supreme Court

Last week, the Department of Justice (DOJ) sent a letter to the Supreme Court alerting the Justices that it had provided the Court with incorrect information regarding how long certain noncitizens were held in detention. DOJ initially had provided this false information to the Supreme Court in 2002 for the case, Demore v Kim. The […]

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New Lawsuit Challenges Preliminary Injunction in United States v. Texas

New Lawsuit Challenges Preliminary Injunction in United States v. Texas

In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of the initiatives and also rolled back […]

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Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention

Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention

Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however long the notoriously lengthy proceedings last, […]

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Supreme Court Issues Disappointing Split Decision in United States v. Texas

Supreme Court Issues Disappointing Split Decision in United States v. Texas

The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).  This means that the Fifth Circuit’s decision upholding the preliminary injunction against these initiatives will stand.  The ruling does not impact the original […]

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Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA

Written by on April 27, 2016 in DACA/DAPA, Federal Courts/Jurisdiction with 1 Comment
Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA

On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded Deferred Action for Childhood Arrivals (expanded DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). While the arguments focused largely […]

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