immigration

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Petitioner Jose Angel Carachuri-Rosendo (“Carachuri-Rosendo”) came to the United States in 1993 and thereafter became a lawful permanent resident. See Carachuri-Rosendo v. Holder, 570 F.3d 263, 264 (5th Cir. 2009). In 2004...

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Appealed from the United States Court of Appeals for the Fifth Circuit (May 29, 2009)

Oral argument: March 31, 2010

IMMIGRATION, REMOVAL, DEPORTATION, AGGRAVATED FELONY

Under the...

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Roselva Chaidez was born in Mexico and has been a lawful, permanent resident of the United States since 1977. See Chaidez v. United States, 655 F.3d 684, 686 (7th Cir. 2011). In 2003, the government charged Chaidez...

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[Questions Presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Does the recent Supreme Court decision Padilla v. Kentucky, which allows an individual to contest a conviction based on a lawyer’s failure to provide information of the deportation...

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Samson Taiwo Dada, a citizen of Nigeria, was legally admitted into the United States on a nonimmigrant visa in 1998. Brief for Petitioner at 9. After Dada's visa expired, he married an American citizen who filed a Petition for Alien Relative, Form I-130,...
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Oral argument: January 7, 2008

Appealed from: United States Court of Appeals, 5th Circuit (Nov. 28, 2006)

VOLUNTARY DEPARTURE, MOTION TO REOPEN, IMMIGRATION, REMOVAL PROCEEDINGS

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An Employment Authorization Document (EAD) is a document issued by the United States Citizenship and Immigration Services, USCIS that allows certain aliens them to work legally in the U.S. during the time the EAD is valid. Aliens who require an EAD...

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Juan Esquivel-Quintana entered the United States from Mexico in 2000 under an immigrant visa and then became a lawful permanent resident. See Esquivel-Quintana v. Lynch, No. 15-3101 at 2 (6th Cir. 2016). When Esquivel-Quintana was twenty years old, he...

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Over the last thirty years, Hernando Fernandez-Vargas, a native and citizen of Mexico, has illegally entered and been deported from the United States several times. Brief for the Petitioner at 5, Fernandez-Vargas v. Gonzalez, U.S. (No....

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Appealed from: United States Court of Appeals, Tenth Circuit

Oral argument: March 22, 2006

Humberto Fernandez-Vargas is a Mexican citizen who has been deported from and illegally reentered...

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Petitioner Ignacio Flores-Figueroa, an immigrant from Mexico, secured false identification documents in order to gain employment at L&M Steel Services. See Brief for Petitioner, Ignacio Flores-Figueroa at 2; Brief for Respondent,...

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Oral argument: February 25, 2009

Appealed from: United States Court of Appeals, 8th Circuit (April 23, 2008)

AGGRAVATED IDENTITY THEFT, DEPORTATION, IMMIGRATION, ILLEGAL ALIEN

Ignacio Flores-Figueroa, a Mexican immigrant used a false name...

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In 1997, Petitioner Ruben Flores-Villar was convicted under 21 U.S.C. §§ 952 and 960 for importation of marijuana, and was subsequently deported to Mexico. See United States v. Flores-Villar, 536 F...

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Oral argument: Nov. 10, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Aug. 6, 2008)

EQUAL PROTECTION, GENDER DISCRIMINATION, CITIZENSHIP, IMMIGRATION

After his conviction...

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A H1-B visa is a three year visa issued by the U.S. government.  It allows a citizen from a foreign country to enter and stay in the United States to work in a specific specialized job.  The foreign citizen must be sponsored by her employer...

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Factual Background for Holder v. Gutierrez

In 1989, respondent Carlos Martinez Gutierrez illegally entered the United States to reside with his parents at the age of five. See Brief for Petitioner, Eric H. Holder, Jr. at 4–5. Two years...

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Oral argument: January 18, 2012

Appealed from: United States Court of Appeals for the Ninth Circuit (Jan. 24, 2011)

IMMIGRATION, STATUTORY CONSTRUCTION, SECTION 1229b, CANCELLATION OF REMOVAL

In Holder v. Gutierrez and Holder v. Sawyers,...

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Nonimmigrant visitors entering the United States with a visa are required to complete a Arrival-Departure Record (CBP Form I-94) or the Crewman Landing Permit (CBP Form I-95). The Form I-94 shows the date of arrival in the United States, the date when...

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Overview

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) strengthened U.S. immigration laws, adding penalties for undocumented immigrants who commit crimes while in the United States or who stay in the U.S. for...

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Overview

In the United States, the area of "Immigration Law" refers to the laws and enforcements dealing with immigration into the United States and the deportation of individuals from the United States.  

Immigration law is primarily dealt...

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The following cases are major Supreme Court cases in the field of immigration law.   

US v. Wong Kim Ark, 169 U.S. 649 (1898)Kwong_Hai_Chew v. Colding, 344 U.S. 590 (1953) Shaughnessy v. US ex rel Mezei, 345 U.S. 206 (1953) ...
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Petitioner Joel Judulang, born in the Philippines in 1966, became a lawful permanent resident (“LPR”) of the United States at eight years of age. See Judulang v. Chertoff, 535 F. Supp. 2d 1129, 1130 (S.D. Cal....

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Oral argument: Oct. 12, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (Sept. 17, 2007)

After Petitioner Joel Judulang, a lawful permanent resident of the United States, was convicted of a deportable offense, the...

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Oral argument: November 7, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (Aug. 4, 2010)

AGGRAVATED FELONY, DEPORTATION, FRAUD, DECEIT, LAWFUL PERMANENT RESIDENT

The Immigration and Naturalization Service...

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In this case, the Supreme Court will address the statutory interpretation of 8 U.S.C. § 1252(a)(2)(D), which determines the scope of judicial review on certain discretionary decisions. Specifically, the section states that no court has...

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In the 1990s Divna Maslenjak and her family lived in the former Yugoslavia, in what is today Bosnia and Herzegovina. See United States v. Maslenjak, 821 F.3d 675, 680 (6th Cir. 2016). Maslenjak and her family, who are ethnic Serbs, were displaced from...

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The United States Attorney General, Eric Holder, is responsible for adding substances to and maintaining the Federal Controlled Substance Schedule. See Brief for Respondent, Eric Holder, at 2–3. Holder and the Department of Justice are also...

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Appealed from: 11th Circuit Court of Appeals

Oral argument: Apr. 26, 2006

Mohawk Industries has been accused of harboring and hiring illegal immigrants in violation of the RICO...

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[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue(s)

Whether, when applying the categorical approach to determine whether a non-citizen should be removed, a conviction under a provision of state law that encompasses both felony...

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This case involves three respondents, all who immigrated to the United States as children. Preap v. Johnson (9th Cir.) at 7–8. Respondent Mony Preap was born in a refugee camp after his family escaped the Khmer Rouge in Cambodia and has been living in...

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In April 2001, Jean Marc Nken, a citizen of Cameroon, entered the United States on a transient visa, and remained in the U.S. after his visa had expired. See Brief for Respondent, Mukasey, at 3. Eight months later, in December...

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Oral argument: January 21, 2009

Appealed from: United States Court of Appeals, 4th Circuit (April 9, 2008)

IMMIGRATION, DEPORTATION, STAY OF REMOVAL, ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT ("IIRIRA"), IMMIGRATION AND...
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Wescley Fonseca Pereira (“Pereira”) came to the United States from Brazil in June 2000 on a non-immigrant visitor visa that allowed him to stay in the country until December 21, 2000. Pereira v. Sessions, 866 F.3d 1, 2 (1st Cir. 2017). Pereira...

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Preference relatives are certain family members of a U.S. citizen who are seeking to immigrate to the United States based on their relationship to the U.S. citizen. There are yearly limitations on family preference immigrants and the relatives in this...

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Facts

The family-sponsored immigration process is one path a foreign national can take to obtain lawful residence in the United States.  See Cuellar de Osorio v. Mayorkas, 656 F.3d 954, 956 (9th Cir. 2011), rev’d en banc, 695 F.3d 1003 (9th Cir....

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Respondent James Garcia Dimaya, a citizen of the Philippines, immigrated to the United States as a lawful permanent resident in 1992 at the age of thirteen. See Brief for Respondent, James Garcia Dimaya at 5; Dimaya v. Lynch, 803 F.3d 1110, 1111 (9th...

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