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
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
Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more
On June 25, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Thuraissigiam, holding that the Illegal Immigration Reform and Immigrant Responsibility Act’s limitations neither violated due process nor...more
Yesterday, the U.S. Supreme Court held that some immigrants do not have a right to a bond hearing, even when they were not immediately detained years after being released from criminal custody. The Court’s decision reverses...more
Yesterday, in an opinion authored by Justice Ruth Bader Ginsburg, the U.S. Supreme Court brought a measure of hope to non-citizens facing deportation on the basis of certain minor criminal convictions. In Mellouli v. Lynch,...more