Practice area · Immigration
13 published articles in this practice area.
The Fifth Circuit held that advocacy organizations could not establish Article III injury by voluntarily redirecting legal-services resources in response to Texas’s immigration law, leaving the preemption question unresolved.
A divided panel rules that environmental groups and the Miccosukee Tribe failed to show federal control or a final agency action over a state-funded immigration detention site, and holds part of the injunction violated a statutory bar on restraining immigration enforcement.
A unanimous Supreme Court holds that substantial-evidence review, not de novo review, governs whether undisputed facts amount to persecution under the INA, resolving a circuit split and reaffirming Elias-Zacarias.
The First Circuit vacated the BIA's denial of asylum for a Honduran man, ruling that resistance to gangs can constitute a political opinion depending on the context.
The panel said would-be intervenors could not plausibly defend Texas provisions giving in-state tuition access to students not lawfully present when out-of-state U.S. citizens did not receive the same benefit.
The Seventh Circuit rejected the government’s bid to dismiss two noncitizens’ petitions as untimely, holding they can invoke equitable tolling after the U.S. Supreme Court reset the filing clock for withholding-only proceedings.
The justices said the government had not yet shown irreparable harm, but left room for a renewed request if discovery begins before a forthcoming certiorari petition is resolved.
The panel said a Gambian man's methamphetamine conviction remained a particularly serious crime that barred withholding of removal despite his challenge to Chevron-era precedent.
The panel said threats and an assault by Serbian soccer hooligans reflected personal and performance-related grievances, not persecution tied to a protected ground.
The Seventh Circuit rejected the federal government's bid to toss two noncitizens' petitions for review as untimely, holding that equitable tolling can preserve post-Riley challenges tied to withholding-only and CAT proceedings.
The U.S. Supreme Court held that asylum seekers stopped in Mexico have not 'arrived in the United States' under key immigration statutes until they cross the border.
The panel said two noncitizens seeking withholding-only or Convention Against Torture protection may use equitable tolling to overcome Riley's 30-day filing rule.
The panel rejected the federal government's new reading of immigration detention law, deepening a fast-moving circuit split over mandatory detention for noncitizens arrested inside the U.S.