The case involved an asylum seeker who claims to have been wrongly denied asylum after a "credible fear" hearing before an asylum officer. But U.S. immigration law allows "expedited removal" of recent arrivals caught within 100 miles of the border, providing very limited opportunity to appeal. Now, the 9th Circuit Court of Appeals has ruled that he should have access to a federal court hearing before his deportation.
In November, President Trump issued a ban on asylum for people who cross the U.S.-Mexico border without authorization. Under U.S. law, however, people can seek asylum at any location in the United States regardless of the method of their entry.
Are you a highly skilled or educated person who wants to study or work in the United States?
Currently, there are over 800,000 immigration cases waiting to be resolved by U.S. immigration courts. A majority involve people seeking a chance to stay in the U.S. rather than being deported. And, although the case backlog has been growing for at least a decade, it has jumped by almost 50 percent since 2017, when President Trump took office. Now, the average time to complete an immigration court hearing is 578 days.
It's only January, but the U.S. Supreme Court has already tabled any hearings on the legality of the Deferred Action for Childhood Arrivals (DACA) program until at least this fall. Assuming the court sticks to its usual practices, that likely means no decision would become available until 2020.
If you are preparing for the naturalization test, you should keep in mind that some of the answers changed after the last election. You will be asked to name certain officials and elected representatives. You don't want to make a mistake and name an official who is no longer in office.
Special immigrant juvenile status is granted to unmarried immigrants under the age of 21 who are already in the U.S. and have an American juvenile court order taking them into the custody of a state agency or department.
Wanting to live in California or other parts of the United States as a citizen can be difficult for people who have moved to the U.S. from other countries. Immigration law changes rapidly, and it is not unusual for individuals to face many hurdles as they work through the naturalization process. Some changes to the ways in which immigrants can apply for citizenship may help them complete steps more quickly.
In June 2018, the Trump administration announced a new "expedited removal" policy which denied people the right to seek asylum based on domestic or gang violence. Now, a federal judge has struck down that policy as being in violation of the Immigration and Naturalization Act, the Administrative Procedure Act and the Refugee Act. He also found that there was no legal basis "for an effective categorical ban on domestic violence and gang-related claims."
Two groups of immigrants are involved in lawsuits challenging the application of President Trump's travel ban. A group of Yemenis and Iranians who won the U.S. diversity lottery but were nevertheless barred from entering the country are suing in Washington, D.C. Here in San Francisco, a group of 36 plaintiffs argues that the waiver process in the travel ban is a sham.