2009 - 2007

Supreme Court Finds Categorical Approach Inapplicable for Determining Loss Amount for Fraud Offense (6/19/2009)
The Supreme Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction for an offense that involves fraud or deceit in which the loss to the victim(s) exceeds $10,000. Held the IJ did not err in looking beyond the record of conviction to determine the amount of loss to the victim. (Nijhawan v. Holder, 6/15/09). AILA Doc. No. 09061960.
Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention(136 KB - 5/18/2009)
The Supreme Court held that the complaint failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. The complaint alleged that top federal government officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11. (Ashcroft et. al. v. Iqbal et. al., 5/18/09). AILA Doc. No. 09051861.
Supreme Court Holds Aggravated Identity Theft Statute Requires Knowledge that Identification Used or Transferred Belongs to Another Person(135 KB - 5/4/2009)
In a unanimous decision on May 4, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person. (Flores-Figueroa v. United States, 5/04/09). AILA Doc. No. 09050462.
Supreme Court to Consider Whether Discretionary Decision Bar Precludes Courts from Reviewing a MTR (4/28/2009)
The Supreme Court will hear a case addressing the scope of INA § 242(a)(2)(B)(ii), the bar to judicial review of discretionary decisions, and whether this section bars federal courts from reviewing motions to reopen. Kucana v. Holder. AILA Doc. No. 09042871.
Supreme Court Holds that Traditional Stay Factors Govern Authority to Stay Removal (4/22/2009)
The Supreme Court vacates and remands. Holds that traditional stay factors, not the 8 U. S. C. §1252(f)(2) standard, govern a court of appeals’ authority to stay an alien’s removal pending judicial review. (Nken v. Holder, 4/22/09). AILA Doc. No. 09042232.
Supreme Court Reverses and Remands in Negusie v. Holder(157 KB - 3/3/2009)
The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09). AILA Doc. No. 09030363.
Supreme Court Will Review Stay Standard (11/26/2008)
The Supreme Court granted certiori in Nken v. Mukasey and will review the standard governing a stay of removal pending consideration of a petition for review. AILA Doc. No. 08112663.
Supreme Court to Hear Identity Theft Case (10/21/2008)
The Supreme Court granted certiorari to determine what federal prosecutors must show to prove aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The case is Flores-Figueroa v. U.S., 08-108. AILA Doc. No. 08102165.
Supreme Court Allows Recovery of Paralegal Fees at Market Rate Under EAJA (6/25/2008)
The Supreme Court held that a prevailing party in a case brought by or against a government agency may recover fees for paralegal services at the prevailing market rate. Recovery of paralegal fees is not limited to the cost of such services to the prevailing party’s attorney. (Richlin Security Service Co. v. Chertoff, 6/2/08). AILA Doc. No. 08062563.
Supreme Court Opens Door to Tougher Sentences for Career Criminals (6/25/2008)
The Supreme Court held that for purposes of sentencing under the Armed Career Criminal Act, a court charged with determining whether a prior drug “offense” is “serious” under ACCA §924(e)(2)(A) may consider recidivist sentencing enhancements for repeat offenders. (United States v. Rodriquez, 5/19/08). AILA Doc. No. 08062562.
Supreme Court Holds that Those Granted Voluntary Departure Can Seek Reopening; Rejects Automatic Tolling (6/16/2008)
Supreme Ct holds that voluntary departure recipients must be permitted to unilaterally withdraw a voluntary departure request before the expiration of the voluntary departure period; rejects argument that voluntary departure period automatically tolls when a motion to reopen is filed. AILF’s Legal Action Center filed a brief in the case. (Dada v. Mukasey, 6/16/08). AILA Doc. No. 08061666.
United States v. Rodriguez (5/19/2008)
The Supreme Court's decision in United States v. Rodriguez. AILA Doc. No. 08051967.
Supreme Court Finds State Law Not Pre-empted by Presidential Memo or Avena(252 KB - 4/11/2008)
The Supreme Court found that neither the ICJ's decision in Avena, nor a Presidential Memo, constitute directly enforceable federal law that pre-empts state limitations on the filing of successive habeas petitions. AILA Doc. No. 08041160.
Supreme Court Grants Certiorari to Consider Persecutor Bar to Asylum (3/18/2008)
On March 17, 2008, the Supreme Court granted certiorari to decide whether a person who was compelled, against his will, to assist or take part in persecution is barred from asylum under the persecutor bar. AILA Doc. No. 08031838.
Supreme Court Grants Certiorari to Resolve Whether a Motion to Reopen Tolls Voluntary Departure (9/26/2007)
On Sept. 25, 2007, the Supreme Court granted certiorari to resolve whether the filing of a motion to reopen removal proceedings automatically tolls the period within which a person must depart the U.S. under an order of voluntary departure. (Dada v. Keisler, Case No. 06-1181). AILA Doc. No. 07092663.
Supreme Court Grants Certiorari on Particularly Serious Crime/Aggravated Felony Issue (9/26/2007)
On Sept. 25, 2007, the Supreme Court granted certiorari to resolve whether an offense must be an aggravated felony to be classified as a “particularly serious crime” for purposes of the bar to withholding of removal, and to determine the scope of appellate court jurisdiction over review of PSC determinations. (Ali v. Achim, Case No. 06-1346). AILA Doc. No. 07092662.
Supreme Court Holds that “Theft Offense” Includes the Crime of “Aiding and Abetting” (1/18/2007)
The Supreme Court found that a person who aids or abets a theft falls within the scope of the generic definition of theft and may be removable for having been convicted of an aggravated felony. (Gonzales v. Duenas, 1/17/07). AILA Doc. No. 07011867.

AILA Home

Agora

Set Text Size:

2009 - 2007

AILA Home

Agora

InfoNet Login

Set Text Size:

Subscribe to Content

2009 - 2007