Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On April 23, the Supreme Court upheld a lower court decision that found one permanent resident ineligible for cancellation of removal due to his past crimes. One issue in the case was the “stop-time rule.” The Supreme Court found that the rule was triggered when the immigrant committed a crime that made him inadmissible, though he had already been legally residing in the U.S. too long for the crime to trigger removability. This meant that the official “clock” of his residency was stopped just months before the 7-year milestone that would have made him eligible for cancellation of removal. The 5-4 decision was split along ideological lines.
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Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On May 7, the Supreme Court unanimously ruled that the 9th Circuit should not have ruled on an immigration-related First Amendment issue, because the issue was not raised by either parties in the lawsuit. The lawsuit concerns one woman who was convicted of “encouraging” a foreigner to be in the U.S. illegally. Now, the case will go back to the 9th Circuit to be considered on the merits of the other arguments that the parties did raise
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On February 21, Justice Sonia Sotomayor issued a dissenting opinion to a Supreme Court ruling allowing the Trump administration’s new public charge rule to take effect in Illinois, despite an existing injunction in that state. In her opinion, she wrote that the Supreme Court was “all too quick to grant the Government’s ‘reflexiv[e]’ requests” and that the “disparity in treatment erodes the fair and balanced decisionmaking process.”
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Supreme Court will hear oral argument on whether a law that makes it a crime to encourage someone to come to or reside in the U.S. illegally is unconstitutional. The government appealed from a 9th Circuit decision which struck down the law, saying it was too broad and would chill free speech in violation of the First Amendment.
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Supreme Court heard oral argument on whether a law that makes it a crime to encourage someone to come to or reside in the U.S. illegally is unconstitutional. The government appealed from a 9th Circuit decision which struck down the law, saying it was too broad and would chill free speech in violation of the First Amendment.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
President Trump announced the end of DACA more than two years ago. Due to litigation, it is still in effect, and now the Supreme Court will have the final word. The Supreme Court heard arguments yesterday on 1) whether federal judges are able to review DACA, and 2) whether the way Trump went about ending DACA violated the law. The government argued that ending DACA falls within normal discretion, while plaintiffs argued the government’s ending of DACA violates the Administrative Procedure Act. The justices seemed split, though many justices kept their feelings close to their chest. A decision can be expected by summer.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, November 12, the Supreme Court will hear arguments on the administration’s decision to terminate DACA, the program that shields certain immigrants who were brought to the United States as children from deportation.
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Posted on April 30, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CNN reports that Supreme Court justices were deeply divided yesterday over whether the Trump administration can add a citizenship question to the 2020 census. Five former directors of the Census Bureau, who have served under both Democratic and Republican administrations, filed an amicus brief in the case, stating that, “The longstanding view of the Census Bureau—reaffirmed by several recent Census Bureau analyses—is that addition of the [citizenship] question will reduce the accuracy of the population.”
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Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.
An appeals court
Copy of immigration court
Court order
Immigration court
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Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds U.S. Citizen Spouse Was Not Deprived of Due Process
In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional due process right when it denied her spouse a visa, and that the Due Process Clause did not require the government to explain its decision to deny the visa.
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