Tag Archives: immigration

Due Process, Immigration Judges, and Immigration Officers , by Richard J. Pierce, Jr.

by Guest Blogger — Wednesday, July 24, 2019

The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any individual who has a dispute with government.[1] The Court has also emphasized the importance of the interest an individual has at stake in identifying the procedures required by due process.[2] Yet, […]

Chevron Goes Missing In An Immigration Case. Again.

by Michael Kagan — Tuesday, Mar. 19, 2019@MichaelGKagan

The Supreme Court issued its decision in Nielsen v. Preap today. The words “Chevron” and “defer” do not appear anywhere in any of the opinions. Not in the majority opinion by Justice Alito. Nor in the dissent by Justice Breyer. Nowhere. Nielsen v. Preap (SCOTUSblog page here) is about the interpretation of the mandatory detention […]

U.S. v. California: The District Court’s Preliminary Injunction Ruling

by Bernard Bell — Friday, July 27, 2018

On March 6, 2018, the Justice Department sued California over its “sanctuary” laws.  U.S. v. California, Dkt No. 18-264, Complaint (E.D. Cal.); Thomas Fuller & Vivien Yee, Jeff Sessions Scolds California in Immigration Speech: “We Have a Problem,” N.Y. Times A22 (March 7, 2018).  The District Court has now ruled on the federal government’s preliminary […]

Brett Kavanaugh and the Case of the Brazilian Gauchos

by Michael Kagan — Tuesday, July 24, 2018@MichaelGKagan

Because he sat on the D.C. Circuit, Supreme Court nominee Brett Kavanaugh did not decide many immigration cases. There are no immigration courts in the District of Columbia. As a result, petitions for review of orders of removal — the most common type of immigration appeal in the federal courts — do not reach his […]

Administrative Law’s Ordinary Remand Rule: In re Negusie Edition

by Christopher J. Walker — Monday, July 2, 2018@chris_j_walker

When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). The Supreme Court arguably first articulated this ordinary remand rule in the Chenery decisions in the 1940s. As I explore elsewhere, the Court […]

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

Prosecutorial Discretion at ICE: My Latest FOIA Adventure, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, May 26, 2017

Prosecutorial discretion refers to the decision made by employees of the Department of Homeland Security (DHS) about whether and to what extent immigration laws should be exercised against a person or group of persons. When DHS chooses to not pursue arrest or detention of an undocumented mother living in the United States for many years […]

De-Funding Sanctuary Cities, by Bernard W. Bell

by Guest Blogger — Tuesday, Mar. 28, 2017

Sanctuary cities protect undocumented aliens by adopting policies regarding: (1) inquiries into immigration status, (2) immigration-related detentions, or (3) information-sharing with federal officials. On January 25, President Trump issued Executive Order 13768, which threatens to withhold federal funds from jurisdictions that violate 8 U.S.C. §1373.[1] Section 1373, part of the Illegal Immigration Reform and Immigrant Responsibility […]

Faith in the Ninth Circuit

by Daniel Hemel — Thursday, Mar. 16, 2017

The Ninth Circuit’s decision to deny en banc review in Washington v. Trump was not, of course, the biggest development yesterday in litigation related to the President’s executive orders restricting entry from seven six overwhelmingly Muslim countries. But the Ninth Circuit’s denial of reconsideration—and, more specifically, Judge Bybee’s dissent from the denial—is worthy of attention […]