News & Analysis as of

Deportation

Jackson Lewis P.C.

U.S. Southern Border Shut Down Temporarily to Asylum Applications

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President Joe Biden has ordered a temporary suspension of asylum applications for migrants who cross the southern border illegally between ports of entry. This suspension went into effect at midnight on June 5 because the...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

Tarter Krinsky & Drogin LLP

DACA Program Declared Unconstitutional: What Should Employers Know?

On September 13, 2023, Judge Andrew Hanen of the Federal District Court in Houston, Texas, ruled that the Deferred Action for Childhood Arrivals (DACA) Program is unconstitutional. Specifically, Judge Hanen concluded that...more

Littler

Court Finds Deferred Action for Childhood Arrivals (DACA) Final Rule Unlawful

Littler on

On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful. DACA, which commenced in 2012, protects certain undocumented immigrants brought to the...more

Patterson Belknap Webb & Tyler LLP

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

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

Awatif Mohammad Shoqi Advocates & Legal...

Refusing To Provide A Drug Test Sample Will Lead To Hefty Fines And Imprisonment

There is no flexibility when it comes to drug-related offences in the UAE, and they could lead to punishments as high as deportation from the country. According to the new federal law on narcotics, Federal Decree-Law No. 30...more

Bradley Arant Boult Cummings LLP

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor Violations

If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more

Dentons

Inventing Immigration? Anna Sorokin’s release from ICE custody

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Millions have tuned into the Netflix series, Inventing Anna, which featured Anna Sorokin and how she conned the wealthy and elite and financial institutions of Manhattan into giving her money for her “projects” which...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

DirectEmployers Association

OFCCP Week In Review: October 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Proskauer For Good

Proskauer Files FOIA Complaint Seeking Information on Deported Mothers and Newborn Children

News sources have widely reported that beginning in 2019, U.S. Customs and Border Protection (CBP) began expelling from the United States immigrant women who recently gave birth, as well as their U.S. citizen infants. These...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

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

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

Dorsey & Whitney LLP

The Supreme Court - May 24, 2021

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Today, the Supreme Court of the United States issued the following two decisions: Guam v. United States, No. 20-382: The Territory of Guam and the United States have been involved in a long-running dispute over...more

WilmerHale

Using Country Conditions Evidence to Improve Appellate Review of Convention Against Torture Cases

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While the Trump Administration’s transit ban was in force, many would-be asylum seekers had to turn to other forms of relief. In particular, many such individuals sought withholding of removal under the Convention Against...more

WilmerHale

Harvard/MIT Student Visa Case

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In this In the Public Interest podcast episode, WilmerHale co-host and Partner Brendan McGuire welcomes Lawrence Bacow, the 29th President of Harvard University, along with WilmerHale Partners Felicia Ellsworth and Seth...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

Burr & Forman

Big Changes Possible for DACA Program

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Since its 2012 inception, the Deferred Action for Childhood Arrivals (“DACA”) program has survived various lawsuits challenging its constitutionality as well as an attempt by the Department of Homeland Security (“DHS”) to...more

UB Greensfelder LLP

How Has President Biden Changed Immigration During His First Week?

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On January 20, 2021, President Biden issued several orders on immigration. Some orders take immediate effect while others may take more time to be implemented. Among the changes are: • The Deferred Action for Childhood...more

Nilan Johnson Lewis PA

Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

Nilan Johnson Lewis PA on

Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more

Morgan Lewis

Biden Administration Issues Executive Orders, Proposes Sweeping Immigration Changes on Day 1

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Following the inauguration of President Joe Biden and Vice President Kamala Harris, President Biden signed several executive orders related to immigration. And, as promised by the Biden transition team, the Biden...more

UB Greensfelder LLP

Department of Homeland Security Pauses Deportations for 100 Days and Sets Interim Guidelines for ICE Enforcement

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On January 20, 2021, the U.S. Department of Homeland Security (DHS) issued a guidance memo (the “Memo”) that puts a 100-day pause on removals, sets forth interim immigration enforcement priorities, and directs DHS to begin a...more

Proskauer - Proskauer For Good

Taking Action for Families Separated at the Border

An anxious mother, detained in a separate facility from her son, is informed that authorities had lost track of him. A devastated father is deported without his child. A crying child is ripped from his father’s arms and put...more

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