In an 8-1 decision, the Supreme Court reversed the Fifth Circuit’s decision in Mata v. Holderand remanded, holding that a court of appeals has jurisdiction to review a denial of a petitioner’s request to equitably toll the deadline on a motion to reopen. https://cbocalbos.wordpress.com/tag/motion-to-reopen-2/ https://cbocalbos.wordpress.com/tag/motion-to-reopen/ https://cbocalbos.wordpress.com/tag/motion-to-reopen-mtr/ https://californiaimmigration.us/motion-to-reopen-granted-2/

Civil rights groups, including the American Immigration Council, filed a lawsuit against the U.S. Border Patrol in federal district court in Tucson on Monday, alleging that immigrants were unlawfully detained and mistreated for extended periods in freezing, filthy holding cells in Arizona. The complaint states that the immigrants suffered a wide range of abuse and …

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In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.aslu https://cbocalbos.wordpress.com/tag/asylum-2/ …

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The DC Circuit upheld the district court, ruling that the Fourteenth Amendment’s Citizenship Clause does not extend birthright citizenship to those born in American Samoa, because the Citizenship Clause is textually ambiguous as to whether “in the United States” encompasses America’s unincorporated territories, and it is “impractical and anomalous” to impose citizenship by judicial fiat …

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CBP released statistics on apprehensions at the southwest border between October 1, 2014, and June 1, 2015. According to the data, apprehensions of unaccompanied children to date in FY2015 are 51% less than the same period in FY2014, and apprehensions of family units are down 47% from the same period last year.

In a precedent decision, the BIA reaffirmed Matter of Reza, holding that the respondent did not meet the statutory seven-year residency requirement, because acceptance into the Family Unity Program (FUP) does not constitute an admission into the United States under INA §101(a)(13)(A). Likewise, the Ninth Circuit denied a petition for review, deferring to the BIA’s …

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Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

The U.S. Supreme Court yesterday left in place last year’s Ninth Circuit decision to strike down a 2006 Arizona law that denied bail to undocumented immigrants charged with “serious” felonies. Six members of the Supreme Court declined to hear an appeal from Arizona Sherriff Joseph Arpaio to reinstate the Arizona law, overruling three of the …

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DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.

June 1, 2015, USCIS began accepting only the new version of Form I-907, Request for Premium Processing Service, with an edition date of January 29, 2015. Previous editions of the form submitted on or after June 1, 2015, will be rejected.

The Fifth Circuit granted the petition for review, holding that a wave-through at a port of entry is an “admission in any status” under 8 USC §1229b(a)(2), and that the petitioner, a lawful permanent resident, was thus eligible for cancellation of removal.

BALCA reversed the CO’s denial for failure to provide a sufficient explanation for rejecting eight U.S. applicants, noting that 20 CFR §656.17(g)(1) “does not indicate a level of specificity beyond what the Employer provided.”

One hundred thirty-six members of the House of Representatives sent a letter to DHS calling for an end to family detention, stating, “We believe the only solution to this problem is to end the use of family detention.”

The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, …

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The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all …

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