Pace University, July 19, 2024 "Professor Merton began her legal education career at New York University School of Law, and was a founding faculty member of CUNY Law School, and a Mellon and National...
DHS, July 19, 2024 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Somalia for Temporary Protected Status for 18 months, from September 18...
USCIS, July 18, 2024 "The Immigration and Nationality Act (INA) provides that U.S. citizens may transmit citizenship to their children born outside of the United States in certain circumstances...
Paye v. Garland "The BIA and IJ (collectively, "the agency") did not address whether Paye's escape from Liberia because of systematic ethnic cleansing and genocide of the Krahn people...
We are still waiting for the official Federal Register notice, but on July 17, 2024 the White House issued a Fact Sheet including this statement: "On June 18th, the President announced a new process...
US v. Fernandez Sanchez
"Bonifacio Fernandez Sanchez, a Mexican citizen who migrated to the United States illegally as a minor in 2006, was deported in 2011 following a four-minute removal hearing. During that hearing, the immigration judge neglected to advise Fernandez Sanchez about his eligibility for voluntary departure or inform him of his right to appeal. Then, in his written summary order, the immigration judge indicated that Fernandez Sanchez had waived his right to appeal—even though this was never discussed during the hearing. ... [O]ur concern under § 1326(d) is “the validity of the deportation order” under which Fernandez Sanchez was actually deported—not the validity of a hypothetical alternate deportation order that was never entered due to the immigration judge’s own errors. 8 U.S.C. § 1326(d); see id. § 1326(a)(1). Ultimately, we agree with Fernandez Sanchez that there is a reasonable probability that, but for the denial of his appeal rights, he would not have been deported. See El Shami, 434 F.3d at 665. Accordingly, we conclude that his 2011 removal hearing was fundamentally unfair. For the foregoing reasons, we affirm the district court’s dismissal of Fernandez Sanchez’s indictment."
[Hats off to Federal Defenders Erin Trodden (argued) and Juval Scott (on brief)!]