Noncitizens present in the United States illegally and facing deportation can request voluntary departure instead of a removal order under certain circumstances. If granted, an individual who follows the court’s directive...more
On May 11, 2023, the U.S. Supreme Court decided Santos-Zacaria v. Garland, No. 21-1436, reversing the Fifth Circuit Court of Appeals and holding that the requirement that immigration petitioners challenging orders of removal...more
Today, the Supreme Court of the United States issued five decisions: National Pork Producers Council v. Ross, No. 21-468: This case involved a constitutional challenge to California’s “animal cruelty law” known as...more
This week, the Ninth Circuit applied its “totality of circumstances” test for credibility determinations in immigration proceedings. KUMAR v. GARLAND - The Court applied its recent en banc decision in Alam v....more
Today, the Supreme Court of the United States issued the following two per curiam decisions: Pakdel v. City and County of San Francisco, No. 20-1212: Petitioners are partial owners of a multiunit residential building in...more
On June 1, 2021, the U.S. Supreme Court decided Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and...more
Today, the Supreme Court of the United States issued the following two decisions: United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow...more
THE CHALLENGE: When Jennifer Arguijo was 11 years old, she and her siblings left Honduras to join their mother and stepfather—a US citizen—in the United States. Four years later, she ran away from home to escape her...more
On March 4, 2021, the U.S. Supreme Court decided Pereida v. Wilkinson, holding that noncitizens who seek to cancel a lawful removal order have the burden of proving they have not been convicted of a disqualifying crime, even...more
The past four years have been challenging for immigrants in the United States. President Trump has made “strong borders” a cornerstone of his administration. Among the well documented and inhumane consequences of his...more
In September 2019, The Wall Street Journal reported that the docket pending at U.S. Immigration Courts surpassed one million cases. In response to this increasing backlog, the Executive Office for Immigration Review (“EOIR”)...more
On January 23, 2020, the Federal Court of Appeals for the Seventh Circuit issued a scathing decision that has garnered much attention. (Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. 2020). It was not the merits of the...more
Recent events have created an urgent need for an independent Immigration Court separate from the Department of Justice. On October 17, Proskauer hosted a panel discussion in its New York office co-sponsored by Sanctuary for...more
In the context of an appeal from a decision of the Board of Immigration appeals, Zuniga-Perez v. Sessions, the Second Circuit (Pooley, Wesley, Chin, C.JJ) ruled that a search conducted by law enforcement personnel violated...more
Chevron deference is increasingly coming under fire from the justices of the Supreme Court of the United States. That came through loud and clear in Pereira v. Sessions, issued on June 21, 2018....more
Those seeking to escape immediate danger or imminent persecution often rely on false documents when fleeing to a safe country. But can a fraudulent or illegal entry into the U.S. pose an issue for asylum?...more
When can domestic violence form the basis of a successful asylum claim? A New York City immigration judge recently granted asylum to one of our pro bono clients who was found to have suffered past persecution on account of...more
While the United States continues to grapple with transgender rights—including the right to restroom access—transgender individuals across the globe often face severe persecution and torture on account of their gender...more
I have the opportunity in recent months to speak to Immigration and Customs and Enforcement (ICE) officers who work along the border. No doubt there is a surge on the Border. Immigration Detention Centers are at full...more
Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he...more
Is embezzlement theft? Some people think it is. Even common sense suggests it. But the U.S. Court of Appeals for the Fourth Circuit can’t live in the world of common sense. It lives in a world of statutes that have words,...more
The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born...more