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Immigrant protection bills headed for House-Senate conference talks
Legislation aimed at protecting immigrants has passed both chambers of the Legislature and now moves to a House-Senate conference to reconcile differences.
Immigration – Habeas corpus
Where a habeas corpus petitioner has filed an emergency motion for immediate release from his present custody by U.S. Immigration and Customs Enforcement, both the petition and the motion should be denied because the petitioner has failed to meet his burden to show that his detention is unlawful.
Constitutional – Second Amendment – Immigration status
Where a defendant was charged with violating 18 U.S.C. §922(g)(5)(A)., which makes it unlawful for a person who is an alien “illegally or unlawfully in the United States” to possess a firearm, the dismissal of the indictment must be reversed because the government met its burden to show that §922(g)(5)(A) fits comfortably within the tradition of firearm regulation.
Immigration – ‘Significant negative factor’ policy
Where a policy has been adopted by U.S. Citizenship and Immigration Services that treats an individual’s nationality as a “significant negative factor” in the adjudication of their benefit application if they come from one of the countries listed in presidential proclamations, a motion for a preliminary injunction should be granted in part, as (1) the plaintiffs are likely to succeed on thei[...]
Immigration – Habeas corpus – Removal
Where a petitioner subject to a final order of removal has requested a writ of habeas corpus, his petition should be dismissed without prejudice because there is a significant likelihood of his removal in the reasonably foreseeable future.
Immigration – Removal
Where a petitioner was removed to Colombia, his petition for judicial review should be dismissed in part for lack of jurisdiction and otherwise denied on the merits.
Policy treating some nationalities as ‘significant negative factor’ for immigration enjoined
A federal judge has enjoined a USCIS policy treating certain nationalities as a negative factor in immigration applications.
Habeas corpus – Custody – Deportation
Where a petitioner requested habeas corpus relief after being deported, the dismissal of her petition should be affirmed because she was not in the custody of any Massachusetts state official when she filed her petition.
Immigration – Gangs – Political opinion
Where the Board of Immigration Appeals denied applications for asylum and withholding of removal, the board’s decision should be vacated because there is no categorical bar to political opinion claims resting on resistance to gang recruitment or opposition to gangs.
Immigration – Habeas corpus – Bond hearing
Where a habeas corpus petition has been filed contending that the respondents have violated the petitioner’s statutory and due process rights by refusing to grant him a bond hearing, the factors set forth in Mathews v. Eldridge, 424 U.S. 319, 335 (1976), weigh in favor of providing the petitioner with a bond hearing as “an appropriate and minimally invasive additional procedure” to protect h[...]
Immigration – False ID – Adjustment of status
Where the Board of Immigration Appeals reversed a petitioner’s adjustment of status, the BIA engaged in impermissible fact-finding regarding the petitioner’s intent when he provided the police with a license bearing a false name, so a remand must be ordered.
Immigration – Delay – Visa
Where a complaint has been filed alleging an unreasonable delay in scheduling a consulate interview for a visa petition that has been pending since 2022, a motion to dismiss that complaint should be allowed as to a due process claim but denied under the Administrative Procedures Act, as the defendants have a mandatory, non-discretionary duty to adjudicate the visa application without unreasonable [...]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
