In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s...more
With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more
On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more
The U.S. Supreme Court of the U.S. (SCOTUS) has granted certiorari to hear Department of State v. Muñoz, at the request of the Biden Administration. The stakes are high. It challenges the longstanding “doctrine of consular...more
Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled. United States v. Texas, No. 22-58 (June 23, 2023)....more
West Virginia v. EPA, No. 20-1530 (and consolidated cases): This case concerns the scope of the Environmental Protection Agency’s (EPA) authority to impose carbon dioxide emission standards under Section 111(d) of the Clean...more
The U.S. Supreme Court agreed to hear a case from the Third Circuit that will resolve the circuit split on whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain...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
Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the...more
On June 29, 2020, the Supreme Court of the United States decided Agency for International Development, et al. v. Alliance for Open Society International, Inc., et al., No. 19-177, holding that Congress may lawfully condition...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
On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more