Cases Decided

Court Overturns BIA Decision Matter of Blake Regarding 212(c) Eligibility

Judulang v. Holder, No. 10-694, 565 U.S. ___ (Dec. 12, 2011)

The Supreme Court issued a unanimous decision overturning the Board of Immigration Appeals’ (Board or BIA) policy of restricting relief from removal, namely section 212(c) waivers, for many lawful permanent residents (LPRs) with old criminal convictions. Under the Board’s now-rejected policy, LPRs found deportable were eligible for 212(c) relief only if they could show that the ground of deportation was substantially equivalent to a ground of inadmissibility. The Board’s policy, referred to as the “comparable ground test,” was announced in the 2005 decisions Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005). Read more...

Court Affirms Ninth Circuit Ruling in Citizenship Case

Flores-Villar v. United States, No. 09-5801, 564 U. S. ___, 131 S. Ct. 2312, 2011 U.S. LEXIS 4378 (June 13, 2011)

The Supreme Court affirmed the Ninth Circuit’s decision in a case involving 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...

Court Vacates Injunction Against Hazleton Ordinances, Remands for Further Consideration

Hazelton v. Lozano, No. 10-772, 563 U.S. __ , 2011 U.S. LEXIS 4259 (June 6, 2011).

In early June, the Court granted the petition in Hazleton v. Lozano, vacated the judgment of the Third Circuit, and remanded the case for further consideration in light of the decision in Chamber of Commerce v. Whiting, No. 09-115, 563 U. S. __ (2011). The Third Circuit had upheld an injunction against the city of Hazleton, Pennsylvania, prohibiting the implementation of a pair of controversial ordinances designed to prohibit employers and landlords from employing and renting to undocumented residents.

Read more...

Court Upholds Arizona Law Mandating E-Verify, Creating Employer Sanctions

Chamber of Commerce v. Whiting, No. 09-115, 563 U. S. __, 131 S. Ct. 1968, 2011 U.S. LEXIS 4018 (May 26, 2011)

In a 5-3 decision written by Chief Justice Roberts, the Court held that the Legal Arizona Workers Act of 2007 is not preempted by federal law. The Arizona law mandates the use of E-Verify by all employers within the state and allows Arizona courts to suspend or revoke the business license of any employer who “knowingly or intentionally” violates federal employment verification requirements. Read more...

Second or Subsequent Possession Conviction is Not an Aggravated Felony

Carachuri-Rosendo v. Holder, No. 09-60, 560 U.S. ___, 130 S. Ct. 2577, 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. ___, 130 S. Ct. 1845, 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, 559 U.S. __, 130 S. Ct. 1473, 2010 U.S. LEXIS 2928 (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. ___, 130 S. Ct. 827, 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...

Court Remands GITMO Case Regarding Release of Detainees Into United States

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...

Court Finds Categorical Approach Not Applicable in Determining Amount of Fraud Loss

Nijhawan v. Mukasey, 557 U.S. __, 129 S. Ct. 2294, 2009 U.S. LEXIS 4320 (June 15, 2009)

The Supreme Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction under INA § 101(a)(43)(M)(i), an offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000. Read more...