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2011 - 010

  • Supreme Court Rejects §212(c) Comparable Grounds Rule(605 KB - 12/12/2011)
    In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act. (Judulang v. Holder, 12/12/11). AILA Doc. No. 11121239
  • Supreme Court to Consider Constitutionality of Arizona SB 1070(259 KB - 12/12/2011)
    On 12/12/11, the Court granted certiorari to determine the constitutionality of Arizona’s immigration law, SB 1070. Justice Kagan, who was solicitor general when the law was challenged in the lower courts, did not take part in the decision to hear the case. AILA Doc. No. 11121220.
  • Supreme Court Grants Cert in Three Immigration Cases (9/29/2011)
    On 9/27/11 the Supreme Court granted certiorari in three immigration cases. Two cases involve the imputation of residence and LPR status to minors for cancellation purposes. The third case involves the retroactivity of INA §101(a)(13)(c)(v) as applied to returning residents. AILA Doc. No. 11092936.
  • Supreme Court Rejects Equal Protection Challenge to Former Citizenship Provisions(59 KB - 6/28/2011)
    The Court upheld the Ninth Circuit which found that the imposition of a 5-year residence requirement only on USC fathers before citizenship could be conferred to a child born abroad out of wedlock does not violate equal protection. (Flores-Villar v. U.S., 6/13/11) AILA Doc. No. 11062866.
  • Supreme Court to Decide Whether Tax Offense Is an Aggravated Felony (6/9/2011)
    The Court granted certiorari in Kawashima v. Holder to determine whether convictions for filing, and aiding and abetting in filing, a false statement on a corporate tax return, 26 USC §§7206(1) and (2), are aggravated felonies under INA §101(a)(43)(M)(i). AILA Doc. No. 11060974.
  • Supreme Court Denies Cert in Case Challenging CA In-State Tuition Policy (6/9/2011)
    The Court denied certiorari in Martinez v. Regents of Univ. of CA, a case challenging the policy of charging in-state tuition to undocumented immigrants who graduate from California high schools, leaving the lower court’s decision to uphold the policy in place. AILA Doc. No. 11060960.
  • Supreme Court Orders CA3 to Reexamine Hazleton Immigration Ordinance (6/7/2011)
    The Supreme Court granted certiorari and remanded to the Third Circuit to reconsider its ruling in light of Chamber of Commerce v. Whiting. The Hazleton ordinance would deny permits to businesses that hire illegal immigrants and fine landlords who rent to them. AILA Doc. No. 11060631.
  • Supreme Court Says Arizona E-Verify Law Is Not Preempted(305 KB - 5/26/2011)
    The Court held that the Legal Arizona Workers Act which mandates E-Verify and permits the suspension or revocation of business licenses for knowingly employing unauthorized workers is not preempted by federal immigration law. (Chamber of Commerce v. Whiting, 5/26/11) AILA Doc. No. 11052661.
  • Supreme Court Grants Cert in 212(c) Case Challenging Matter of Blake (4/29/2011)
    On 4/18/11, the Court granted certiorari in a case challenging Matter of Blake, which held that a person found removable for sexual abuse of a minor, an aggravated felony, was not eligible for 212(c) relief because there was no comparable ground of inadmissibility. AILA Doc. No. 11042963.
  • Government Brief in Opposition Confirms USCIS Discretion to Adjust VWP Overstays(164 KB - 12/27/2010)
    The Solicitor General's Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed. AILA Doc. No. 10122752.
  • Supreme Court Transcript of Chamber of Commerce v. Whiting Oral Argument(207 KB - 12/10/2010)
    Oral arguments were heard on the Legal Arizona Workers Act, an Arizona state law prohibiting employers from knowingly or intentionally employing an unauthorized immigrant. The petitioners allege that the statute is unlawful as it is preempted by federal immigration laws. AILA Doc. No. 10121032.
  • Petitioners File Brief in S. Ct. AZ Employer Sanctions Case(721 KB - 9/22/2010)
    Petitioner’s brief in the Supreme Court case, Chamber of Commerce v. Candelaria, challenging the legality of the Legal Arizona Workers Act, an AZ state law that imposes sanctions on employers who hire unauthorized workers and mandates the use of E-Verify. AILA Doc. No. 10092230.
  • Supreme Court Grants Cert in Case Challenging Legality of AZ Employer Sanctions Law (6/28/2010)
    The Supreme Court granted the petition for certiorari in Chamber of Commerce v. Candelaria, a case that involves a challenge to the Legal Arizona Workers Act, an AZ state law prohibiting employers from knowingly or intentionally employing an unauthorized immigrant. AILA Doc. No. 10062831.
  • Supreme Court Issues Decision on 2nd Drug Possession Conviction and Aggravated Felonies(171 KB - 6/14/2010)
    Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10). AILA Doc. No. 10061462.
  • Supreme Court Decision Protects Right to Immigration Advice (3/31/2010)
    The American Immigration Council applauds today's Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must advise their clients about the risk of deportation if they accept a guilty plea. AILA Doc. No. 10033133.
  • Supreme Court Reverses Padilla Finding Counsel Must Inform on Plea’s Deportation Risk(424 KB - 3/31/2010)
    Supreme Court reversed and remanded, holding that criminal defense counsel must inform noncitizen clients whether the plea carries a risk of deportation. (Padilla v. Kentucky, 3/31/10). AILA Doc. No. 10033132.
  • Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen(169 KB - 1/21/2010)
    The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10). AILA Doc. No. 10012160.