Noteworthy Immigration Cases

Immigration is frequently hailed as one of America’s great strengths, but in recent years the rights of the immigrant community have come under fire. This past year the U.S. Supreme Court was asked to weigh in on several noteworthy immigration cases that will have far-reaching effects on those who are detained, those trying to fight removal, and those seeking entry to the country.

  • In both Garland v. Aleman Gonzalez and Johnson v. Areaga-Martinez, noncitizens who had been ordered removed expressed fear of persecution in their home country. Though the court overturned lower court rulings requiring bond hearings after six-month (or longer) detentions, they did indicate that the policy could be challenged on constitutional grounds. At the same time, they denied the ability to seek class-wide relief for those who wanted to challenge their detention.
  • In Patel v. Garland, an immigrant had sought relief for removal that had been ordered by the immigration court based on his having mistakenly checked a box on his driver’s license application indicating that he was a U.S. citizen. The court denied his attorney’s argument that federal courts could review these types of decisions, even when they were tied to eligibility. This means that where mistakes are made by immigration judges, it will be much harder to have them reviewed.
  • In Biden v. Texas, the Supreme Court sided with the administration’s argument and agreed that they were able to end the unpopular Migrant Protection Protocols that required that people be sent to Mexico to await asylum hearings. The court held that the decision to do so was discretionary.
  • Though the court’s decision in Egbert v. Boule did not specifically address an issue of immigration, it still has the potential to impact the rights of those who encounter Border Patrol agents. The case was filed by the owner of a bed and breakfast on the U.S.-Canada border who’d had a violent encounter with a border patrol agent. The agent entered his property to question an international guest, and when the owner asked the agent to leave, the agent threw him to the ground. The owner sought the ability to file a civil rights lawsuit against the agent. The court denied the ability to do so based on national security concerns.

Immigration attorneys fight for the rights of immigrants every day. For information on how we can help you, contact our experienced lawyers today to set up a time for a consultation.