Implementation of the Supreme Court Ruling on the Defense of Marriage Act

Following last week’s Supreme Court decision striking down the Defense of Marriage Act as unconstitutional, the Secretary of Department of Homeland Security, Janet Napolitano, issued this statement on Monday, July 1, 2013: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama […]

Same-Sex Couples Will Soon Get Federal Immigration Benefits – Supreme Court Strikes Down Defense of Marriage Act as Unconstitutional

In a historic move, the United States Supreme Court on Wednesday struck down as unconstitutional the Defense of Marriage Act (“DOMA”), which was signed into law by President Clinton in 1996.  DOMA defined “marriage” as only between a man and a woman.  As such, DOMA denied to legally married same-sex couples the same federal benefits […]

“New Law” Does Not Apply to Convictions That Became Final Before Padilla Decision Announced

On February 20, 2013, the U.S. Supreme Court issued its ruling in Chaidez v. United States (11-820), in which it declined to retroactively apply its holding in Padilla v. Kentucky, which the Supreme Court decided on March 31, 2010.  In Padilla, the Supreme Court announced that criminal defense lawyers are required to tell non-citizen clients […]

Supreme Court Strikes Down Key Parts of Arizona Immigration Law

On June 25, 2012, the Supreme Court sided with the federal government in the ongoing battle between state law and federal law, brought on by Arizona’s immigration law (S.B. 1070). Click here to read the full Supreme Court decision in Arizona v. US (11-182). The majority included Justice Kennedy, Chief Justice John Roberts, Justice Steven […]

Arizona Immigration Law Debate Arrives at the Supreme Court

On Wednesday, April 25, 2012, the U.S. Supreme Court is set to hear oral arguments in the case of Arizona v. US (11-182). Federal courts have blocked four key parts of Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act,” known as SB 1070.  At issue is whether states have any authority to step in […]

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

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 present in the […]

Supreme Court to Decide §212(c) Waiver Issue

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 United […]

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

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 parent had […]