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Immigration

May 14, 2025

Immigration – Detention – First and Fifth Amendments

Where a petitioner has filed a motion for a temporary restraining order to prevent the respondents from further detaining him or interfering with his departure from the United States, the petitioner is likely to succeed on his claims that his detention violates his constitutional rights, so the motion should be allowed in part.

May 13, 2025

Judge Joseph hearing to begin with ‘view’ at Newton District Court

The public hearing on the formal charges against Judge Shelley Joseph will begin on Monday, June 9, with a view at the Newton District Court at 7:30 a.m., the Commission […]

Tufts University student Rumeysa Ozturk (left), who was arrested by immigration agents while walking along a street in Somerville, talks to reporters after arriving back in Boston
May 11, 2025

Tufts student back in Boston after release from Louisiana detention center

A Tufts University student from Turkey returned to Boston on May 10, one day after being released from a Louisiana immigration detention center where she was held for over six weeks.

Hundreds gather in Somerville on March 26 to demand the release of Tufts student Rumeysa Ozturk
May 8, 2025

Tufts student detained by ICE can be sent to Vermont, 2nd Circuit rules

Federal court orders ICE to return Tufts student Rumeysa Ozturk to Vermont for constitutional rights hearings after controversial immigration detention

May 5, 2025

Immigration – ‘Ideological-deportation policy’

Where a complaint has been filed challenging an alleged federal policy of arresting, detaining and deporting non-citizens solely upon their pro-Palestine or anti-Israel political speech, the defendants’ motion to dismiss should be denied with respect to two First Amendment claims, as the plaintiffs have plausibly alleged the existence of both an ideological-deportation policy targeting protected[...]

Front view of the White House
May 2, 2025

The bounds of zeal: ‘Miller Time’ at the DOJ

Humor is relative, but a preposterous legal argument is not funny, at least as a matter of law.

Apr 30, 2025

Immigration – Mixed-motivation nexus

Where the Board of Immigration Appeals affirmed an immigration judge’s denial of applications for asylum and withholding of removal, a remand must be ordered because the judge and the BIA failed to appropriately conduct the required mixed-motivation nexus analysis.

Apr 30, 2025

Immigration – Effectiveness of counsel – Motion to reopen

Where petitioners moved to reopen their removal proceedings arguing that they received ineffective assistance of counsel in earlier stages of their case, a remand must be ordered because the Board of Immigration Appeals provided insufficient explanation for its decision to deny that motion.

Judge Shelley M. Richmond Joseph
Apr 30, 2025

Judge Shelley Joseph disciplinary hearing to begin June 9

The hearing on the formal disciplinary charges filed against Judge Shelley M. Richmond Joseph will begin on Monday, June 9.

Apr 29, 2025

SCOTUS rules immigrant’s voluntary departure deadline extended

Under 8 U.S.C. §1229c(b)(2), the 60-day voluntary departure period set by the government for an immigrant from Mexico who entered the U.S. illegally as a teenager 20 years ago could […]

Judge Hannah Dugan
Apr 28, 2025

FBI arrests Milwaukee judge in ICE evasion case

The FBI on April 25 arrested a Milwaukee judge accused of helping a man evade immigration authorities, escalating a clash between the Trump administration and local authorities over the Republican president’s sweeping immigration crackdown.

Apr 26, 2025

Immigration – Hardship

Where applications for cancellation of removal under 8 U.S.C. §1229b were denied, a petition for review should be denied despite the petitioners’ contention that their four children would suffer exceptional and extremely unusual hardship if they were to return to Guatemala and that the Board of Immigration Appeals made several errors of law in concluding otherwise.

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