46-14 Lime v. Tracy20 DownloadsYear: 2022 (Vol. 46) Topic(s): Immigration Law Question presented: Whether a noncitizen applying for withholding of removal must prove that their protected characteristic is “one central reason” for the persecution. Format: Word and PDF Prepared by: Nathaniel Brodsky & Xinge Hong
New Hanover Educ. Dept. et al. v. Javier Escuella62 DownloadsYear: 2019 (Vol. 43) Topics: Constitutional and Immigration Law Question(s) presented: Whether a state statute that discriminates against nonimmigrants lawfully admitted to the United States with temporary work authorization is subject to strict constitutional scrutiny under the Equal Protection Clause of the Constitution. Format: Word and Read more about New Hanover Educ. Dept. et al. v. Javier Escuella[…]
Lucy S. Diamond v. United States56 DownloadsYear: 2019 (Vol. 43) Topics: Immigration Law Question(s) presented: (1) Whether a state conviction for endangerment of a child constitutes a crime in- volving moral turpitude using the categorical approach. (2) Whether a non-citizen’s due process rights are violated during an immigration proceeding in which the immigration judge fails Read more about Lucy S. Diamond v. United States[…]
Millicent Pepper v. Jefferson B. Sessions, III50 DownloadsYear: 2018 (Vol. 42) Topics: Immigration Law Question(s) presented: (1) Whether a federal appellate court has jurisdiction over a petition for review of an administrative final order of removal when the basis for removal is an alien’s conviction of an aggravated felony and the alien did not raise a Read more about Millicent Pepper v. Jefferson B. Sessions, III[…]
Walter White v. Department of Homeland Security73 DownloadsYear: 2017 (Vol. 41) Topics: Immigration Law; Administrative Law Questions presented: (1) Whether a conviction pending direct appeal is a “conviction” for immigration purposes pursuant to 8 U.S.C. § 1101(a)(48)(A). (2) Whether a conviction under the Dorado look-alike substance statute is categorically not a deportable offense pursuant to Read more about Walter White v. Department of Homeland Security[…]
Walter White v. Department of Homeland Security213 Downloads
Tom Haverford v. John Kerry, Secretary of State et al24 DownloadsYear: 2016 (Vol. 40) Topics: Immigration Law, Administrative Law Question(s) presented: Whether a Consular Report of Birth Abroad and U.S. passport provide conclusive proof of citizenship. Whether the Department of State has the authority to cancel a Consular Report of Birth Abroad and U.S. passport. Format: Read more about Tom Haverford v. John Kerry, Secretary of State et al[…]
Hernon v. Holder78 DownloadsYear: 2015 (Vol. 39) Topics: Immigration Law; Preemption Questions Presented: Whether the City of North Shore Safe Renter’s Ordinance mandating the verification of immigration status is preempted by federal law. Whether 8 U.S.C. § 1429, a statutory provision barring the Attorney General from considering naturalization applications once removal proceedings have begun, also bars federal district Read more about Hernon v. Holder[…]
United States v. Roy20 DownloadsYear: 2010 (Vol. 35). Topic: Criminal Procedure; Sentencing; Immigration Law. Question: Whether a federal judge may, when sentencing individuals convicted of illegal re-entry into the United States, depart downward from the Sentencing Guidelines based on the existence of fast-track programs in other districts. Format: PDF.
Coulter v. Latrom36 DownloadsYear: 2012 (Vol. 36). Topic: Immigration Law. Question: Whether, as a matter of law, an alien mother and victim of Female Genital Mutilation (“FGM”) is eligible for withholding of removal under the Convention Against Torture based on the fear that her U.S. citizen daughter will be subjected to FGM if the child is constructively deported Read more about Coulter v. Latrom[…]
Moser v. Holder16 DownloadsYear: 2014 (Vol. 38). Topic: Immigration Law. Question: Whether, when the Board of Immigration takes administrative notice of facts without prior notice, the ability to file a motion to reopen under 8 C.F.R. § 1003.2(c) cures this lack of notice. Format: PDF.
Long v. Cierva14 DownloadsYear: 2012 (Vol. 36). Topic: Immigration Law. Question: Whether mandatory detention under INA § 236(c), 8 U.S.C. § 1226(c) is presumptively unreasonable after six months when removal or release is not imminent and therefore requires a bond hearing before an immigration judge to determine whether the alien is a flight risk or a danger Read more about Long v. Cierva[…]
Mars v. Sinclair14 DownloadsYear: 2008 (Vol. 32). Topic: Immigration Law. Questions Presented: (1) Whether a motion to reopen cures a lack of notice when the Board of Immigration Appeals takes official notice of a change of country conditions. (2) Whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien Read more about Mars v. Sinclair[…]
Bowden v. Burt74 DownloadsYear: 2007 (Vol. 31). Topic: Immigration Law. Question: Whether, as a matter of law, Petitioner is a member of a cognizable social group and whether forced marriage is persecution. Format: Word. Preemption Notice! Patel v. Garland, 142 S.Ct. 1614, held that “Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings under § Read more about Bowden v. Burt[…]