News & Analysis as of

Board of Immigration Appeals

Jackson Lewis P.C.

U.S. Supreme Court to Consider Circuit Split on Voluntary-Departure Deadline

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Santos-Zacaria v. Garland

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

Dorsey & Whitney LLP

The Supreme Court Update - May 11, 2023

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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

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Credibility Determinations

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

Dorsey & Whitney LLP

The Supreme Court - June 28, 2021

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Garland v. Ming Dai

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

Dorsey & Whitney LLP

The Supreme Court - June 1, 2021

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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

McDermott Will & Emery

Perseverance, Passion and Legal Focus Establish New Precedent for Immigration Cases

McDermott Will & Emery on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Pereida v. Wilkinson

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

Rosenberg Martin Greenberg LLP

Trump-appointed Judges Show Their Independence

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

Mintz - Immigration Viewpoints

New Developments in U.S. Immigration Court

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

Harris Beach PLLC

Administrative Abuse of Discretion and Power "Beggars Belief"

Harris Beach PLLC on

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

Proskauer - Proskauer For Good

The Time Is Now for an Independent Immigration Court

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

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses Immigration Proceeding Based on Constitutional Violation, Criticizes Immigration Enforcement Based on...

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

More Trouble for Chevron Deference

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

Proskauer - Proskauer For Good

Illegal or Fraudulent Entry Into the U.S. and its Effect on Asylum

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

Proskauer - Proskauer For Good

Inability to Leave an Abusive Relationship Can Be a Basis for Asylum

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

CMCP - California Minority Counsel Program

What’s in a name? A battle for a transgender immigrant’s rights

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

Gerald Nowotny - Law Office of Gerald R....

I’ll Never Go Back to Georgia - The Surprising Impact of Venue in Asylum Case Outcomes

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

Cozen O'Connor

Seventh Circuit Says No Asylum for Bisexual Man; Posner Dissents

Cozen O'Connor on

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

Brooks Pierce

Fourth Circuit Says Embezzlement Is Not Theft under the Immigration and Nationality Act

Brooks Pierce on

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

Cozen O'Connor

Court Determines that Stepchild Does Not Fall Under Definition of Child

Cozen O'Connor on

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

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