Supreme Court’s Decision in Flores-Villar v. United States

Wednesday, June 15th, 2011

In our September 22, 2010 blog post, we discussed the Supreme Court’s grant of certiorari in the case of Flores-Villar v. United States (09-5801), where it agreed to decide the question of whether children born overseas who have one U.S.-citizen parent can obtain U.S. citizenship if the citizen parent had been physically [...]

Supreme Court Upholds Arizona Immigration Law Punishing Employers Who Knowingly Hire Undocumented Workers

Thursday, May 26th, 2011

On Thursday, the Supreme Court issued a ruling in which it backed Arizona immigration law that seeks to punish employers for knowingly hiring undocumented workers.  The case is Chamber of Commerce v. Whiting, 09-115.  The Court’s decision applies only to business licenses.
Arizona passed the Legal Arizona Workers Act in 2007, allowing the state [...]

Supreme Court to Decide §212(c) Waiver Issue

Tuesday, April 19th, 2011

On April 18, 2011, the U.S. Supreme Court agreed to hear an immigration case, where it will decide the following issue:
Whether a lawful permanent resident who was convicted by guilty plea of an offense that renders him deportable and excludable under differently phrased statutory subsections, but who did not depart and reenter the [...]

Flores-Villar v. United States – Supreme Court Oral Arguments

Thursday, November 11th, 2010

In our September 22, 2010 blog post, we discussed that the U.S. Supreme Court would hold oral arguments on November 10, 2010, an interesting immigration case, Flores-Villar v. United States (09-5801).  The issue presented by Flores-Villar was whether children born overseas who have one U.S.-citizen parent can obtain U.S. citizenship if the citizen [...]

Supreme Court to Decide Whether a Child’s Acquisition of Citizenship Based on the Different Requirements for Mother’s and Father’s Length of Residency Prior to Birth Violates the Constitution

Wednesday, September 22nd, 2010

On November 10, 2010, the United States Supreme Court will hear oral arguments in the case of Flores-Villar v. United States (09-5801), where it must decide whether children born overseas who have one U.S.-citizen parent can obtain U.S. citizenship if the citizen parent had been physically present in the U.S. for a certain [...]

Supreme Court and Aggravated Felony – Decision in Carachuri-Rosendo v. Holder

Monday, June 14th, 2010

Today, the Supreme Court issued its decision in Carachuri-Rosendo v. Holder (No. 09-60), which presented the issue of whether a person convicted under state law for simple drug possession (a federal misdemeanor) has been “convicted” of an “aggravated felony” on the theory that he could have been prosecuted for recidivist [...]

Carachuri-Rosendo v. Holder: Transcript of the Oral Arguments at the Supreme Court

Wednesday, March 31st, 2010

Today, the Supreme Court heard oral arguments in a very important case that will affect thousands of immigrants with criminal convictions in either a positive or a negative way (depending on what the court will decide).
Carachuri-Rosendo v. Holder (No. 09-60) presented the issue of whether a person convicted under state law for simple drug possession [...]

Criminal Defendants Entitled to Immigration Advice

Wednesday, March 31st, 2010

Today, the United States Supreme Court issued a decision in the case of Padilla v. Kentucky (No. 08-651), in which the Court announced that immigrants must be told by their lawyers whether pleading guilty to a crime could lead to their deportation.
The Court’s ruling came in the case of Jose Padilla, who was born [...]

Supreme Court to Consider Whether Second Possession Conviction Constitutes an “Aggravated Felony”

Friday, January 22nd, 2010

The Supreme Court will hear an immigration case addressing whether a second drug possession conviction qualifies as an aggravated felony under INA § 101(a)(43)(B) (“drug trafficking crimes”). The specific question before the Court is “Whether a person convicted under state law for simple drug possession (a federal law misdemeanor) has been ‘convicted’ of an ‘aggravated [...]