Tag Archives: Immigration and Nationality Act
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SCOTUS Opinion: Immigrants Bear Burden Of Proving Eligibility For Discretionary Relief From Removal
The Immigration and Nationality Act allows immigrants facing an order of removal to petition for discretionary relief from that removal. To be eligible for that relief, an immigrant must show that they have not been convicted of a “crime of moral turpitude.” In Pereida v. Wilkinson, an immigrant facing such a removal order was convicted under Nebraska law for “attempted ... Read More
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SCOTUS Decision: Court Preserves DACA Program… For Now
The case of Department of Homeland Security v. Regents of the University of California concerned the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program initiated by the Obama administration. DACA was created in 2012 to allow certain children who enter the United States illegally to apply for a two-year forbearance of removal. Approximately 700,000 people had ... Read More
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SCOTUS Opinion: Courts May Consider Whether Deadline To Contest A Removal Order Has Been Equitably Tolled
When the Government has ordered that an immigrant be removed from the country for committing certain crimes, the Immigration and Nationality Act allows judicial review only on “constitutional claims or questions of law.” In Guerrero-Lasprilla v. Barr, two such immigrants sought appellate review of their removal orders based on whether their motions to reopen their removal proceedings were untimely or ... Read More