2006 - 2005

Supreme Court Issues Favorable Ruling in Drug Possession Case (12/5/2006)
On December 5, 2006, the Supreme Court, in an 8-1 decision, held that drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, are not “aggravated felonies” as defined under INA § 101(a)(43)(B) ("drug trafficking crimes"). (Lopez v. Gonzales, 12/5/06) AILA Doc. No. 06120564.
Supreme Court Remands CA9 Asylum Case Based on Harm to Disabled Child (11/10/2006)
The Court granted the petition for certiorari, vacated the Ninth Circuit’s decision permitting an asylum-seeker to base her claim on the harm suffered by her disabled child, and remanded the case for further consideration in light of Gonzales v. Thomas. (Gonzales v. Tchoukhrova, 10/2/06)
Supreme Court Hears Arguments in Drug Possession Cases (10/4/2006)
The Supreme Court heard arguments in two consolidated cases interpreting "aggravated felony." The court is poised to decide whether drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, constitute aggravated felonies as defined in INA § 101(a)(43)(B) ("drug trafficking crimes"). AILA Doc. No. 06100460.
Supreme Court Upholds Retroactive Application of Reinstatement of Removal (Updated 7/7/06) (7/7/2006)
The Court held INA §241(a)(5) applies to persons who illegally reentered prior to the effective date of IIRIRA and did not take any affirmative steps towards legalizing status, but expressly declined to decide whether the provision applies retroactively to persons who made efforts to legalize status. (Fernandez-Vargas v. Gonzales, 6/22/06)
Supreme Court Dismisses and Remands RICO Case (6/7/2006)
The Supreme Court dismissed the writ of certiorari in a RICO case involving the hiring of undocumented workers. Mohawk Industries v. Williams.
“Unpublished” Opinions May Be Cited in Courts of Appeals Starting January 1, 2007 (4/26/2006)
The Supreme Court adopted a rule that would allow citation to “unpublished” opinions. The rule, which Chief Justice Roberts submitted to Congress on April 12, 2006, takes effect on December 1, 2006 unless Congress passes legislation to the contrary. It will allow citation to cases issued on or after January 1, 2007.
Supreme Court Reverses Ninth Circuit Asylum Decision, Gonzales v. Thomas (4/18/2006)
The Supreme Court remanded the Ninth Circuit’s holding that a family may constitute a social group for asylum purposes. Without addressing the lower court’s substantive analysis, the Court found that because the BIA did not express an opinion on the issue, the court should have applied “the ordinary remand rule.” (Gonzales v. Thomas, 4/17/06)
Supreme Court Grants Certiorari in Cases Raising Issue of Whether Drug Possession is An Aggravated Felony (4/6/2006)
On Monday, April 3, 2006, the Supreme Court granted certiorari in two cases - a civil immigration case and a criminal sentencing case - addressing whether a state felony possession conviction can constitute an aggravated felony under INA §101(a)(43)(B). The cases are: Lopez v. Gonzales, Case No. 05-547 and Toledo-Flores v. U.S., Case No. 05-7664.
Supreme Court Hears Arguments on Retroactivity of Reinstatement Statute (3/22/2006)
The Supreme Court heard arguments in the first immigration case to come before the newly-constituted Roberts’ Court. The issue in the case is whether the current reinstatement provision applies to a person who reentered the United States illegally before the effective date of IIRIRA, April 1, 1997.
Supreme Court to Hear RICO Case Involving the Employment of Illegal Workers (1/20/2006)
The Supreme Court has granted certiorari in a case arising out of the 11th circuit that alleged violation of the Racketeer Influenced and Corrupt Organizations Act in connection with the employment of undocumented workers.
Supreme Court Grants Certiorari on Reinstatement Issue (11/4/2005)
The Supreme Court has granted certiorari in a case involving the application of INA § 241 (a)(5) to an alien who reentered the United States illegally before the effective date of IIRIRA. (Fernandez-Vargas v. Gonzales, 10/31/05)
Analysis of Supreme Court Decision Holding that Inadmissible Aliens May Not Be Detained Indefinitely (1/14/2005)
Analysis and summary of Supreme Court ruling that its decision in Zadvydas v. Davis, finding indefinite detention unconstitutional, applies to non-admitted foreign nationals. (Clark v. Martinez, 1/12/05).
Analysis of Supreme Court Decision Holding that U.S. May Deport Noncitizens without Consent of Receiving Country (1/14/2005)
Analysis and summary of Supreme Court ruling that INA section 241(b)(2)(e)(iv) allows removal to a country without the advance consent of that country's government. (Jama v. ICE, 1/12/05).
Supreme Court Allows Removal Without Advance Consent of Country's Government (1/12/2005)
The Supreme Court held that INA section 241(b)(2)(e)(iv) allows removal to a country without the advance consent of that country's government. (Jama v. ICE, 1/12/05) AILA Doc. No. 05011211.
Supreme Court Finds Zadvydas Applicable to Persons Found Inadmissible (1/12/2005)
The Supreme Court held that its decision in Zadvydas v. Davis, finding indefinite detention unconstitutional, applies to non-admitted foreign nationals. (Clark v. Martinez, 1/12/05). AILA Doc. No. 05011210.

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