Litigation

More on Asylum Litigation and the Meaning of Particular Social Group
More on Asylum Litigation and the Meaning of Particular Social Group
Last week, we told you about two cases that the U.S. Court of Appeals for the 4th Circuit heard oral arguments on.  As we discussed, these cases will go a long way towards setting the...
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Two Big Asylum Cases at 4th Circuit This Week
Two Big Asylum Cases at 4th Circuit This Week
This week, the U.S. Court of Appeals for the Fourth Circuit, the federal appellate court which sets federal law in Maryland, Virginia, West Virginia and the Carolinas, will hear two cases regarding U.S. asylum law. ...
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Equality Under Immigration Laws Being Implemented and Realized
Equality Under Immigration Laws Being Implemented and Realized
The Supreme Court rocked the world last week by declaring Section III of the Defense of Marriage Act (DOMA) unconstitutional on equal protection grounds.  Section III forbade the federal government from recognizing same-sex marriages.  Thus,...
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Arizona loses again, but its citizens win
Arizona loses again, but its citizens win
Today, the Supreme Court ruled 7-2 in Arizona v. Inter Tribal Council of Arizona, Inc. that the state of Arizona cannot separately require an individual to prove he is a citizen in order to register...
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Prerna Lal on CSPA and de Osorio Update
Prerna Lal on CSPA and de Osorio Update
Despite being on leave from Benach Collopy to study for the California bar, Prerna Lal continues to provide valuable insight on the status of the de Osorio case.  De Osorio is the 9th Circuit case...
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Benach Collopy News
Benach Collopy News
It has been a busy and exciting few weeks at Benach Collopy.  From immigration reform rallies to dramatic courtroom victories, BR has had a month to remember. Starting off, courtroom victories are the reason we...
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How would a Supreme Court ruling striking down DOMA affect immigration?
How would a Supreme Court ruling striking down DOMA affect immigration?
One of the biggest immigration cases of the current Supreme Court terms is not about immigration at all.  Today, March 27, 2013, the Court heard arguments in U.S. v. Windsor, a case that is about...
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Could Bar Rafaeli seek asylum for refusal to join the Israeli Defense Forces?
Could Bar Rafaeli seek asylum for refusal to join the Israeli Defense Forces?
Yesterday, we had some fun noting that Israeli supermodel Bar Rafaeli had drawn the rhetorical fire of the Israeli Defense Forces (IDF) due to her failure to serve the two years of service in the...
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Benach Collopy Submits Brief in Mandatory Detention Case
Benach Collopy Submits Brief in Mandatory Detention Case
Earlier this month, Benach Collopy authored a brief on behalf of the American Immigration Lawyers Association in the case of Michael Sylvain v. Attorney General before the U.S. Court of Appeals for the Third Circuit. ...
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Opportunity Lost- Administration Seeks Supreme Court Review of De Osorio
Opportunity Lost- Administration Seeks Supreme Court Review of De Osorio
On the same day that the immigration world was abuzz with news that the President would unveil his immigration reform plan next week, the administration filed a brief to preserve the unnecessary family separation caused...
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Time to Decide in de Osorio
Time to Decide in de Osorio
The Obama administration has until tomorrow January 25, 2013 to file a petition for a writ of certiorari with the U.S. Supreme Court to seek review of the U.S. Court of Appeals for the 9th...
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There’s Something Happening Here.  Prospects for Immigration Reform, Part 1.
There’s Something Happening Here. Prospects for Immigration Reform, Part 1.
The Republican stampede to support of common sense immigration reform has been head spinning.  As one tries to absorb the bombshell of one Republican leader supporting immigration reform, another one comes out in favor.  Like...
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Supreme Court Argument in Chaidez v. United States
Supreme Court Argument in Chaidez v. United States
So I went up to the Supreme Court yesterday to hear argument in Chaidez v. United States, No. 11-820. Chaidez concerns the straightforward question whether the Court’s decision in Padilla v. Kentucky, 130 S. Ct....
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Aggfel & CIMT Victory in Arlington Immigration Court
Aggfel & CIMT Victory in Arlington Immigration Court
We prevailed in a long-fought case this week in the Arlington Immigration Court. The Immigration Judge granted our motion to terminate proceedings, agreeing that our client’s conviction in Virginia for attempted sexual battery was neither...
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I live in the 9th Circuit and aged-out.  Does Osorio mean I should apply for adjustment?
I live in the 9th Circuit and aged-out. Does Osorio mean I should apply for adjustment?
Since we wrote about the landmark victory for undocumented youth in the U.S. Court of Appeals for the 9th Circuit in Cuellar de Osorio, we have been inundated by the following question: I think this...
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