Supreme Court

Board of Immigration Appeals Affirms Same-Sex Marriage
Board of Immigration Appeals Affirms Same-Sex Marriage
Earlier this week, the Board of Immigration Appeals affirmed the sweeping-change in immigration law that the Windsor decision ushered in.  In Matter of Zeleniak, 26 I.&N. Dec. 158 (BIA 2013), the Board recognized that Section...
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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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Did Moncrieffe Kill Two Birds With One Stone?
Did Moncrieffe Kill Two Birds With One Stone?
The Supreme Court’s decision in Moncrieffe v. Holder represents a big win for those—like us—who believe lawfully present immigrants should not be deported for relatively minor drug offenses. The question now is: how big? In...
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An Open Letter to Rep. Spencer Bachus
An Open Letter to Rep. Spencer Bachus
 [youtube https://www.youtube.com/watch?v=hgscE9lFZN4&w=560&h=315] Dear Congressman Bachus, Thank you very much for speaking out about the overuse of detention by Immigration & Customs Enforcement (ICE) in civil proceedings to determine the removability of individuals in the U.S. ...
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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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Indifference
Indifference
  [youtube http://www.youtube.com/watch?v=sM_ENZLbXtQ&w=420&h=315] It is very true that the immigration laws need a wholesale revision.  Congress needs to make substantial changes, regulations need to be re-written, precedent decisions scrapped and new guidance forthcoming.  But another...
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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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Oh Greta!
Oh Greta!
Today, FOBR (Friend of Benach Collopy) Erich Straub wrote a strong response to the nonsense spouted by Fox News talking head Greta Van Susteren, who waded into water over her head when she penned an...
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Big win at the Supreme Court
Big win at the Supreme Court
In what was surely the most anticipated decision of the Supreme Court's term, Arizona v. United States came down today and not in the way anybody expected. In a 5-3 decision (Justice Kagan took no...
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