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Supreme Court Update

The Supreme Court Update provides information about recent Supreme Court decisions in immigration cases, immigration cases where the Supreme Court has granted a petition for certiorari, and selected pending petitions for certiorari. The site features case summaries, dates for oral argument and additional resources related to each case such as amicus briefs and practice advisories.

Certiorari Granted | Petition for Certiorari Pending | Cases Decided | Supreme Court Resources

Contact Us! Please contact the Clearinghouse at clearinghouse@immcouncil.org if you know of any additional resources or changes in the status of cases that are not indicated here.

CERTIORARI GRANTED

Court to Consider Legality of Arizona Law Sanctioning Employers Who Hire Unauthorized Workers

Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2009), cert. granted sub nom. Chamber of Commerce v. Candelaria, (June 28, 2009) (No. 09-115)

This case involves a challenge to the Legal Arizona Workers Act, an Arizona state law prohibiting employers from knowingly or intentionally employing an unauthorized immigrant. The petitioners allege that the Arizona statute is unlawful because it is preempted by federal immigration laws that regulate the employment of non-citizens. The lower courts upheld the statute, finding that it was not preempted by federal law.

Read more...

Court to Consider Equal Protection Challenge of Former Citizenship Provision

United States v. Flores-Villar, 536 F.3d 990 (9th Cir. Cal. 2008), cert. granted sub nom.,
Flores-Villar v. United States, 2010 U.S. LEXIS 2743 (U.S. Mar. 22, 2010) (09-5801)

The Supreme Court will hear a case that looks to whether two former citizenship provisions in the INA violate equal protection. These sections imposed a five-year residence requirement, after the age of fourteen, on U.S. citizen fathers -- but not on U.S. citizen mothers -- before they may transmit citizenship to a child born out of wedlock abroad to a noncitizen. Read more...

CASES DECIDED

Second or Subsequent Possession Conviction is Not an Aggravated Felony

Carachuri-Rosendo v. Holder, No. 09-60, 560 U.S. ___, 2010 U.S. LEXIS 4764 (2010)

The Supreme Court held that a second or subsequent simple drug possession conviction does not qualify as an aggravated felony under INA § 101(a)(43)(B) (“drug trafficking crimes”) and therefore does not preclude a lawful permanent resident from applying for cancellation of removal. Read more...

FTCA Exclusive Remedy for Damages Claims against Public Health Service

Hui v. Castaneda, 559 U.S. ___, 2010 U.S. LEXIS 3676 (May 3, 2010)


In a unanimous decision, the Supreme Court held that a suit against the United States under the Federal Tort Claims Act (FTCA) is the exclusive remedy for claims arising from medical care and related functions provided by Public Health Service (PHS) personnel acting within the scope of their employment. The damages suit was brought by the heir and representative of a former ICE detainee who died of cancer at the age of 36 after allegedly receiving inadequate medical care by PHS personnel that amounted to malpractice and a violation of his constitutional rights. Read more...

Supreme Court Protects Right to Immigration Advice for Noncitizens in Criminal Proceedings

Padilla v. Kentucky, 130 S. Ct. 1473 (2010)

In a landmark decision, the Supreme Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from the laws the Attorney General’s discretionary authority to cancel removal in meritorious cases. The Court said, “These changes to our immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important.” Read more...

Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen

Kucana v. Holder, 558 U.S. ___, 2010 U.S. LEXIS 764 (Jan. 20, 2010)

 

In a unanimous decision, the Supreme Court held that the courts of appeals have jurisdiction to review a BIA decision denying a motion to reopen. Read more...

Supreme Court Remanded GITMO Case Regarding Whether Court Can Order Detainees Released Into U.S.

Kiyemba v. Obama, 555 F.3d 1022 (D.D.C. 2009), cert. granted, No. 08-1234, 2009 U.S. LEXIS 7566 (U.S. Oct. 20, 2009), and vacated, 559 U.S.___ (2010)

Petitioners, Uighurs who have been detained at Guantanamo for over eight years, filed a habeas petition challenging their indefinite detention. Read more...

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SUPREME COURT RESOURCES

Supreme Court Resources