Tag: Supreme Court

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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What Are the Next Steps at the Supreme Court in U.S. v. Texas?

What Are the Next Steps at the Supreme Court in U.S. v. Texas?

The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final decision rendered by the eight sitting Justices. This begs the questions of when and how do the Justices render a decision […]

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Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas

Written by on April 20, 2016 in DACA/DAPA, Executive Action, Federal Courts/Jurisdiction with 0 Comments
Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas

By Shoba Sivaprasad Wadhia, faculty scholar and law professor at Penn State Law-University Park. On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s frozen deferred action programs, known as Deferred Action for Childhood Arrivals Plus (expanded DACA) and […]

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Digesting the Argument in U.S. v. Texas: What Is Lawful Presence and Why Does It Not Mean What It Sounds Like?

Digesting the Argument in U.S. v. Texas: What Is Lawful Presence and Why Does It Not Mean What It Sounds Like?

The oral argument in United States v. Texas shined a light on the confusion between the term “lawful presence” and what it means to have a legal immigration status in the United States. Early in the argument, Chief Justice Roberts noted that in its brief, the United States asserted that individuals covered by DAPA are “lawfully […]

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