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U.S. Supreme Court

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Supreme Court Grants Cert in Case Challenging Legality of AZ Employer Sanctions Law (6/28/2010)
The Supreme Court granted the petition for certiorari in Chamber of Commerce v. Candelaria, a case that involves a challenge to the Legal Arizona Workers Act, an AZ state law prohibiting employers from knowingly or intentionally employing an unauthorized immigrant. AILA Doc. No. 10062831.
Supreme Court Issues Decision on 2nd Drug Possession Conviction and Aggravated Felonies(171 KB - 6/14/2010)
Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10). AILA Doc. No. 10061462.
Supreme Court Decision Protects Right to Immigration Advice (3/31/2010)
The American Immigration Council applauds today's Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must advise their clients about the risk of deportation if they accept a guilty plea. AILA Doc. No. 10033133.
Supreme Court Reverses Padilla Finding Counsel Must Inform on Plea’s Deportation Risk(424 KB - 3/31/2010)
Supreme Court reversed and remanded, holding that criminal defense counsel must inform noncitizen clients whether the plea carries a risk of deportation. (Padilla v. Kentucky, 3/31/10). AILA Doc. No. 10033132.
Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen(169 KB - 1/21/2010)
The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10). AILA Doc. No. 10012160.
Supreme Court Finds Categorical Approach Inapplicable for Determining Loss Amount for Fraud Offense (6/19/2009)
The Supreme Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction for an offense that involves fraud or deceit in which the loss to the victim(s) exceeds $10,000. Held the IJ did not err in looking beyond the record of conviction to determine the amount of loss to the victim. (Nijhawan v. Holder, 6/15/09). AILA Doc. No. 09061960.
Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention(136 KB - 5/18/2009)
The Supreme Court held that the complaint failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. The complaint alleged that top federal government officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11. (Ashcroft et. al. v. Iqbal et. al., 5/18/09). AILA Doc. No. 09051861.
Supreme Court Holds Aggravated Identity Theft Statute Requires Knowledge that Identification Used or Transferred Belongs to Another Person(135 KB - 5/4/2009)
In a unanimous decision on May 4, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person. (Flores-Figueroa v. United States, 5/04/09). AILA Doc. No. 09050462.
Supreme Court to Consider Whether Discretionary Decision Bar Precludes Courts from Reviewing a MTR (4/28/2009)
The Supreme Court will hear a case addressing the scope of INA § 242(a)(2)(B)(ii), the bar to judicial review of discretionary decisions, and whether this section bars federal courts from reviewing motions to reopen. Kucana v. Holder. AILA Doc. No. 09042871.
Supreme Court Holds that Traditional Stay Factors Govern Authority to Stay Removal (4/22/2009)
The Supreme Court vacates and remands. Holds that traditional stay factors, not the 8 U. S. C. §1252(f)(2) standard, govern a court of appeals’ authority to stay an alien’s removal pending judicial review. (Nken v. Holder, 4/22/09). AILA Doc. No. 09042232.
Supreme Court Reverses and Remands in Negusie v. Holder(157 KB - 3/3/2009)
The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09). AILA Doc. No. 09030363.

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