Civil Procedure Immigration Constitutional Law

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5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court?

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents...more

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

Supreme Court Decides Kerry v. Din

On June 15, 2015, the U.S. Supreme Court decided Kerry v. Din, concluding that when the government denies a visa to enter the United States to the alien spouse of a U.S. citizen based on the alien’s terrorist activities, the...more

Supreme Court Decides Zivotofsky v. Kerry

On June 8, 2015, the U.S. Supreme Court decided Zivotofsky v. Kerry, No. 13-628, holding that the President of the United States has the exclusive power to grant formal recognition to a foreign sovereign. ...more

Multiple Legal Briefs Defending The President’s Executive Actions Filed

On Monday, multiple amicus briefs were filed with the Fifth Circuit Court of Appeals in the case of State of Texas v. United States. As way of background, a coalition of 26 states, including the State of Texas, sued the U.S....more

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Tuesday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions....more

Temporary Injunction Issued Against DAPA And Expanded DACA

Judge Andrew Hanen, a federal judge in South Texas, temporarily blocked President Obama’s executive actions on immigration this past Monday, February 16. The lawsuit was brought by 26 states and Judge Hanen ruled that the...more

Federal Judge Enjoins President’s Immigration Action

On Monday, February 16th, a federal judge in Texas ruled in favor of the state of Texas and 25 other states to halt President Obama’s executive action on immigration, which was announced in November 2014. HRLegalist...more

Immigration Judge Forced to Recuse Herself from Cases Involving Shared Heritage

An Iranian American immigration judge has sued the U.S. Department of Justice (DOJ) after it issued an official order forcing her to recuse herself from all immigration cases involving Iranian nationals. ...more

Supreme Court Update: Jennings V. Stephens And Order List

Greetings, Court fans! We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

The U.S. Supreme Court Strikes Down Most of Arizona’s Immigration Law

Today, the U.S. Supreme Court handed down a decision on the 2010 Arizona statute that created new criminal penalties and police procedures for addressing the problem of illegal immigration in that state. The Court ruled that...more

Supreme Court Arizona Decision: Better than Expected but Federal Action Still Needed

While both sides claim victory, the reality of yesterday's Supreme Court ruling is this: Immigration is a federal issue, but states can cooperate with the feds in law enforcement so long as they do not violate peoples' rights...more

How Will the Arizona Immigration Law Affect Education Law?

On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the...more

Two Distinct State Citizens For Purposes Of Diversity Of Citizenship

In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the...more

Supreme Court Will Tackle Arizona Statute

When Arizona enacted its immigration law late last year, it set off a firestorm of controversy and ignited a series of legislative initiatives in other states that have taken aim at undocumented immigrants. Now, the U.S....more

A Review of the Supreme Court’s 2010 – 2011 Term (full publication)

As the United States Supreme Court’s 2010-2011 term drew to a close, commentators observed several trends in its holdings. In particular, cases involving the First Amendment dominated the term, and the Court imposed...more

Arizona Takes Immigration Appeal to U.S. Supreme Court

On May 9, 2011, Arizona Gov. Jan Brewer and Attorney General Tom Horne announced that they intend to make a direct appeal to the U.S. Supreme Court of the preliminary injunction granted by the U.S. District Court in Arizona...more

Is a Plaintiff’s Immigration Status Relevant In a Personal Injury Lawsuit?

The United States District Court recently issued an interesting decision in an Illinois personal injury case. In Zuniga v. Morris Material Handling, Inc., 2011 WL 663136 (N.D.N.Y 2011), the plaintiff was injured while...more

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