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Supreme Court of the United States › Deportation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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

Epstein Becker & Green

Two Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues - SCOTUS...

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Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more

Patterson Belknap Webb & Tyler LLP

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

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In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

Dorsey & Whitney LLP

The Supreme Court - June 14, 2022

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Kemp v. United States, No. 21-5726: This case concerns whether the word “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure applies to a judge’s error of law. Rule 60 authorizes a district court to reopen a...more

Jackson Lewis P.C.

U.S. Supreme Court Limits Federal Court Review in Deportation Case

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Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2021

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Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Johnson v. Guzman Chavez

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On June 29, 2021, the U.S. Supreme Court decided Johnson v. Guzman Chavez, holding that the detention of a noncitizen ordered removed from the United States who reenters without authorization is governed by 8 U.S.C. § 1231....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Palomar-Santiago

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On May 24, 2021, the U.S. Supreme Court decided United States v. Palomar-Santiago, No. 20-437, holding that each of the statutory requirements for bringing a collateral attack against a removal order under 8 U.S.C. § 1326(d)...more

Jackson Lewis P.C.

Noncitizen Bears Burden Of Proof When Challenging Deportation, U.S. Supreme Court Rules

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A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for...more

Dorsey & Whitney LLP

The Supreme Court - June 25, 2020

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Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Homeland Security v. Thuraissigiam, No. 19-161

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On June 25, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Thuraissigiam, holding that the Illegal Immigration Reform and Immigrant Responsibility Act’s limitations neither violated due process nor...more

UB Greensfelder LLP

Divided Supreme Court Rules Some Immigrants Not Entitled to Bond Hearings

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Yesterday, the U.S. Supreme Court held that some immigrants do not have a right to a bond hearing, even when they were not immediately detained years after being released from criminal custody. The Court’s decision reverses...more

Dorsey & Whitney LLP

The Supreme Court - March 19, 2019

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The Supreme Court of the United States issued three decisions this morning: Washington State Dept. of Licensing v. Cougar Den, Inc., No. 16-1498: The State of Washington has a statute that taxes “motor vehicle fuel...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2018

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The Supreme Court of the United States issued four decisions today: Lucia v. SEC, No. 17-130: The Securities and Exchange Commission (“SEC”) is statutorily authorized to institute administrative proceedings against...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Discusses When A Statute May Be Unconstitutionally Vague – Will It Be Extended to False Claims Act Cases?

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And it is even more difficult still if the defendant had – and acted in accordance with – a reasonable interpretation of the vague or ambiguous statute, regulation or contract provision. A concurring opinion in a Supreme...more

Dorsey & Whitney LLP

The Supreme Court - April 17, 2018

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The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sessions v. Dimaya

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On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness. The Immigration and...more

Mintz - Immigration Viewpoints

U.S. Supreme Court Tightens Criteria for Revoking Citizenship

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The U.S. Supreme Court has ruled unanimously that naturalized American citizens cannot be stripped of citizenship if a lie or omission in the application process was irrelevant to the government’s decision to approve the...more

Franczek P.C.

What Employers Can Expect From The Trump Administration

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Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

Cozen O'Connor

Supreme Court Denies Rehearing in Immigration Case

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On Monday, October 3rd the Supreme Court denied the Obama administration’s request to rehear arguments in United States v. Texas, a case involving President Obama’s 2014 executive actions on immigration. The Supreme Court...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #3

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The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Torres v. Lynch

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On May 19, 2016, the U.S. Supreme Court decided Torres v. Lynch (No. 14-1096), holding that a state criminal offense counts as an “aggravated felony” under § 1101(a)(43) of the Immigration and Nationality Act (INA) when it...more

Epstein Becker & Green

January 2016 Immigration Alert

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I. U.S. Supreme Court to Rule on Obama Immigration Plan - On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more

Franczek P.C.

Supreme Court grants Certiorari in Texas v. USA

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Tuesday, the Supreme Court granted certiorari in Texas v. USA, setting the stage for a blockbuster opinion on the legality of the centerpiece of President Obama’s program to lift the threat of deportation and provide...more

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

Um recado na parede – a crescente maré de imigrantes: Posições dos candidatos à presidência sobre a reforma imigratória

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Panorama - Nos últimos meses a imprensa americana tem feito a cobertura da Campanha Presidencial do Partido Republicano com a mesma intensidade que na Copa do Mundo. Uma das questões políticas que está no centro das...more

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