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Clay H. Greenberg

@claygr

Immigration lawyer | Compassionate human

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07.11.2024
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Latest posts by Clay H. Greenberg @claygr

Noem cites the 2021 district court decision, but fails to mention the 2025 5th Cir. decision limiting the injunction and vacatur of the DACA Final Rule to Texas only. That decision is stayed, I believe, but it is disingenuous to simply cite the district court ruling.

05.03.2026 18:24 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I can hear a body of literature forming as we speak.

14.02.2026 03:01 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Circuit level

08.02.2026 03:18 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

One huge implication of this IFR is that DHS will now be able to remove people much more quickly after an order of removal issued by an IJ. In most circuits, stays of removal on filing a PFR are not automatic (at least as of now).

05.02.2026 21:47 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

A statutory Bivens remedy would actually be a good legislative addition.

29.01.2026 04:43 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

At you referring to secret instructions to all IJs to deny all bond applications?

27.01.2026 23:03 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Are these people admitted as refugees? If so, what authority permits them to be detained?

25.01.2026 03:27 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

You joke, but I can legitimately see Miller going there with Marbury.

21.01.2026 16:04 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I wasn’t aware the opening cinematic for Far Cry 7 had dropped.

26.11.2025 19:07 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The Trump admin is planning to say that being from Cuba (or any other travel ban country) is a "significant negative factor" that could lead to a denial of any of several discretionary immigration benefits (like green cards).

Seriously; national origin discrimination as official government policy.

14.11.2025 20:06 πŸ‘ 511 πŸ” 213 πŸ’¬ 33 πŸ“Œ 37

Awesome. You and your work are an enormous blessing to humanity!

13.11.2025 02:45 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Maybe she didn’t want to refer to full SCOTUS to avoid a possibly longer stay, but wasn’t comfortable fully denying a stay without referral?

08.11.2025 02:44 πŸ‘ 9 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

Looks like an alternative set for The Play That Goes Wrong.

08.11.2025 02:38 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Video thumbnail

Enjoy :40 of tree roos having carrots.

04.11.2025 20:30 πŸ‘ 413 πŸ” 77 πŸ’¬ 22 πŸ“Œ 8

That's Sauer? I thought it was either Beetlejuice or RFK Jr.!

05.11.2025 15:12 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Appointments in the alternative. Is that a thing?

04.11.2025 00:01 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Ranking member of the House Homeland Security Committee Bennie G. Thompson said in a statement β€œMobile Fortify is a dangerous tool in the hands of ICE, and it puts American citizens at risk of detention and even deportation.” He also said β€œICE officials have told us that an apparent biometric match by Mobile Fortify is a β€˜definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenshipβ€”including a birth certificateβ€”if the app says the person is an alien. ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”

Ranking member of the House Homeland Security Committee Bennie G. Thompson said in a statement β€œMobile Fortify is a dangerous tool in the hands of ICE, and it puts American citizens at risk of detention and even deportation.” He also said β€œICE officials have told us that an apparent biometric match by Mobile Fortify is a β€˜definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenshipβ€”including a birth certificateβ€”if the app says the person is an alien. ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”

New incredible detail here: ICE says a match in its facial recognition app Mobile Fortify is a "definitive" determination of a person's status, and that this overrides birth certificates. This is an app ICE is using in the field to scan people

www.404media.co/ice-and-cbp-...

29.10.2025 15:03 πŸ‘ 6030 πŸ” 3410 πŸ’¬ 215 πŸ“Œ 945
Case: 25-6268, 10/28/2025, DktEntry: 89.1, Page 1 of 2
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF OREGON; CITY OF PORTLAND,
Plaintiffs - Appellees,
No. 25-6268
D.C. No.
3:25-cv-01756-IM
District of Oregon, Portland
ORDER
FILED
OCT 28 2025
MOLLY C. DWYER, CLERK
J.S. COURT OF APPEALS
V.
DONALD J. TRUMP, In his official capacity as President of the United States;
PETER HEGSETH, In his official capacity as Secretary of Defense; UNITED STATES DEPARTMENT OF DEFENSE; KRISTI NOEM, In her official capacity as Secretary of Homeland Security; UNITED STATES
DEPARTMENT OF HOMELAND SECURITY,
Defendants - Appellants,
STATE OF CALIFORNIA,
Intervenor - Pending.
MURGUIA, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c)
Case: 25-6268, 10/28/2025, DktEntry: 89.1, Page 2 of 2
and Circuit Rule 40-3. The order published at ---F.4th---, 2025 WL 2951371 (9th
Cir. Oct. 20, 2025), is vacated.

Case: 25-6268, 10/28/2025, DktEntry: 89.1, Page 1 of 2 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF OREGON; CITY OF PORTLAND, Plaintiffs - Appellees, No. 25-6268 D.C. No. 3:25-cv-01756-IM District of Oregon, Portland ORDER FILED OCT 28 2025 MOLLY C. DWYER, CLERK J.S. COURT OF APPEALS V. DONALD J. TRUMP, In his official capacity as President of the United States; PETER HEGSETH, In his official capacity as Secretary of Defense; UNITED STATES DEPARTMENT OF DEFENSE; KRISTI NOEM, In her official capacity as Secretary of Homeland Security; UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendants - Appellants, STATE OF CALIFORNIA, Intervenor - Pending. MURGUIA, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) Case: 25-6268, 10/28/2025, DktEntry: 89.1, Page 2 of 2 and Circuit Rule 40-3. The order published at ---F.4th---, 2025 WL 2951371 (9th Cir. Oct. 20, 2025), is vacated.

BREAKING: The full Ninth Circuit vacates last week’s 2-1 order granting DOJ a stay of the district court’s TRO in the case over Trump’s National Guard effort in Oregon. The court will rehear DOJ’s stay request w an 11-judge panel.

Today’s order means Judge Immergut’s TRO remains in effect for now.

29.10.2025 00:22 πŸ‘ 1332 πŸ” 351 πŸ’¬ 16 πŸ“Œ 25

DHS Joint Mask Forces Reauthorization Act of 2024

24.10.2025 01:05 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

"Federal courts (& SCOTUS)" - interesting. Kind of like "Musicians (& singers)"?

23.10.2025 17:42 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Not to in any way excuse this officer’s actions, but a suit under the FTCA may be possible.

15.10.2025 20:00 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Checks and balances

07.10.2025 01:18 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Remember when it was a national scandal on the right that the White House pushed to take down a few tweets?

03.10.2025 12:09 πŸ‘ 1085 πŸ” 289 πŸ’¬ 22 πŸ“Œ 3

There was a Policy Memo issued recently saying they can: www.justice.gov/eoir/media/1...

01.10.2025 17:01 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Brilliant. Who is the speaker in the recording?

25.09.2025 18:51 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

This video brought tears to my eyes. There is no justification for this behavior.

25.09.2025 18:48 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Post image
23.09.2025 00:54 πŸ‘ 7 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

I really don't think Trump understood what he was signing, as evidence at the signing by his comment: β€œWe need more workers. We need more workers”.

20.09.2025 21:45 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

No it’s not. That’s clearly Hogwart’s.

12.09.2025 20:55 πŸ‘ 4 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Written by S. Miller personally.

04.09.2025 19:50 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0