NEW: Federal judges have spent months ordering ICE to give detainees a chance for release in bond hearings.
Now, they're worried that the bond hearings themselves — conducted by Executive Branch immigration judges — are a farce.
www.politico.com/news/2026/03...
To see how this plays out in immigration court, check out "The System Worked", which looks closely at one story to see how "cancellation of removal" is denied even in extreme cases.
samsramblingss.substack.com/p/the-system...
What effect does parental deportation (or the threat of it) have on U.S. citizen children? My latest at JSTOR Daily focuses on research into that question by Lauren Gulbas and Luis Zayas -- notably it's a 2017 article, so...everything is worse now.
With a twenty-year wait for a visa, and no protection from removal while you wait, at this point it's hard to see how a U-visa offers much of an incentive for victims to cooperate with the police.
“I’m talking about the term ‘crime’: What did Congress mean by that single word?” Lawmakers clearly meant something more serious than briefly leaving kids unattended.
www.propublica.org/article/trum...
The guerrillas tried to recruit Valoyes because he was a former soldier. His special training and his unique experience made him valuable.
samsramblingss.substack.com/p/off-center
Well this is scary as hell for the quarter-million people waiting for a U-visa — now ICE can move to re-open and the IJ is more or less required to grant.
www.justice.gov/eoir/media/1...
“We conclude that the Immigration Judge erred in denying DHS’ motion to recalendar...”
Tomorrow on Immigration Law Explained: a close look at a case where the protected ground is "a reason" (withholding of removal (sometimes)) but not "a central reason" (asylum) for the persecution.
Going to try something I haven't before - a thread recapping a morning immigration court accompaniment shift
Tomorrow is my regular volunteering date for immigration court in NYC; I'm theoretically in court from 8am to 12pm
1/?
'UNIMAGINABLE CRUELTY': Judge Gary Brown, a Trump appointeee from NY, thrashes DHS' treatment of a man who came to the US at 9 as an abuse/neglect victim, has no criminal record and became a college grad.
"The laws of decency condemn such villainy." storage.courtlistener.com/recap/gov.us...
Based on recent experiences with clients -- strong asylum claims, pretermitted days before the IH, IJ ruling the day after our response to the motion to pretermit -- I'm gonna go with "no, asylum law doesn't exist as a practical matter."
We responded to a motion to pretermit, judge ruled for the govt the next day. Individual hearing was in two weeks, we'd already briefed and were in the middle of testimony prep. Ordered removed to Ecuador (where they've never been). Strong asylum claim (and also other humanitarian claims pending).
The Court says that Ms. Zhao’s appeal “strained credulity.” They conclude their error-laden opinion by calling her a liar. Unfortunately, the ignorant and insulting treatment that she received is all too easy to believe.
samsramblingss.substack.com/p/an-incredi...
Coming tomorrow: part II of the series on credibility in asylum law.
We just had our first community member assessed a $5,000 "alien apprehension fee". Anybody have experience with this? Recommendations?
Inhospitable -- a report from UNITE HERE revealing how these White House immigration policies are creating a crisis in America’s hospitality industry.
unitehere.org/inhospitable/
Re. credibility -- this article (the first of a series on credibility in asylum law) gives a concrete example. Always fun to see a Circuit Court giving a proper takedown to an IJ.
samsramblingss.substack.com/p/shellackin...
This article (the first of a series on credibility in asylum law) takes a look at a U.S. case that illustrates how even the most trivial of inconsistencies can be used to "justify" a "not credible" finding.
samsramblingss.substack.com/p/shellackin...
Latest post from Immigration Law Explained: "Shellacking a judge", a four-coat takedown of an immigration judge's attempt to find an asylum seeker "not credible."
samsramblingss.substack.com/p/shellackin...
A more recent decision about the prison mailbox rule, also Fifth Circuit. This guy REALLY tried to comply...
samsramblingss.substack.com/p/whats-the-...
Immigration appeal denied because the petitioner didn't say the magic words.
samsramblingss.substack.com/p/whats-the-...
"Mr. Aguilar wasn’t targeted because he was a business owner. He was only targeted because he owned a business."
Sometimes the law is weird.
samsramblingss.substack.com/p/law-is-weird
... But keep in mind that ever successful habeas petition means that somebody was illegally arrested, torn from their family, and held unconstitutionally, often in horrifying conditions, and often for many months.
"Within FORTY-EIGHT (48) hours of this order, respondents must provide the Court with a declaration confirming that Petitioner has been released from custody and informing the Court of the date and time of his release.”
Seeing an absolute FLOOD of habeas wins in the district courts. Never get tired of reading this:
“Respondents must immediately RELEASE Petitioner from custody immediately, and may not re-detain Petitioner without notice and an opportunity to be heard."
Even when asylum is technically an option -- the courts don't always follow the law. Here's an example of a court using every trick in the book to deny a claim from a Venezuelan man who spent his life resisting Maduro.
samsramblingss.substack.com/p/a-judicial...
I write a lot about what actually happens in the courts when families try to "follow the rules". Here's a dep dive into how one court bent the law to deny a legitimate asylum claim for a Venezuelan who dedicated his life to resisting Maduro:
samsramblingss.substack.com/p/a-judicial...
This one opinion contains so much judicial misconduct that it’s challenging to write about. I’ll do my best to break it down.
samsramblingss.substack.com/p/a-judicial...
Wanted to share this -- an exploration of how gender-based asylum is actually heard by the courts (in which two Circuit Court judges literally remind their colleague that "no means no".)
samsramblingss.substack.com/p/a-bedlam-o...
Wanted to share this -- a writeup of a recent decision on gender-based asylum (in which two Circuit Court judges have to remind their colleague that "no means no".
samsramblingss.substack.com/p/a-bedlam-o...
