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
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
Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy. This week, I am in...more
In 2018, marijuana was legalized for recreational use nationwide in Canada. New York state is also in the process of legalizing marijuana for recreational use; however, it remains illegal under federal law. As noted...more
And it is even more difficult still if the defendant had – and acted in accordance with – a reasonable interpretation of the vague or ambiguous statute, regulation or contract provision. A concurring opinion in a Supreme...more
The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more
On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness. The Immigration and...more
The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an...more
Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border...more
Seyfarth Synopsis: On January 25, 2017, President Trump signed two Executive Orders, one focusing on border security and the construction of a physical wall along the southern border and another focusing on improving public...more
The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more
On May 19, 2016, the U.S. Supreme Court decided Torres v. Lynch (No. 14-1096), holding that a state criminal offense counts as an “aggravated felony” under § 1101(a)(43) of the Immigration and Nationality Act (INA) when it...more
Famed teen heart throb, Justin Bieber, is in trouble . . . again. On January 23, 2014, Bieber was arrested in Miami Beach, Florida, and charged with a DUI, resisting arrest, and driving with an expired driver’s license....more