Federal appellate courts issued several rulings this week regarding immigration procedures and eligibility, including the Fifth Circuit's July 9 affirmation that 8 U.S.C. 1623(a) preempts Texas in-state tuition policies for illegal aliens. On the same day, the Ninth Circuit ruled that the Board of Immigration Appeals must consider ineffective assistance of counsel claims involving post-decision conduct. Earlier in the week, the Seventh Circuit held on July 8 that the 30-day deadline for filing petitions for review in removal cases is not jurisdictional, allowing for equitable tolling. Also on July 8, the Seventh Circuit denied an asylum petition from a Serbian soccer player, citing a lack of a protected social group. Finally, on July 7, the Ninth Circuit determined that a drug trafficking conviction creates a presumptive bar against withholding of removal for applicants. Synthesized from 24 manifests produced by 7 monitored court, legislature, and agency sources in the last 7 days, including court rulings, statehouse bills, federal actions.
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Fifth Circuit Affirms Denial of Intervention in Texas Tuition Preemption Case
The Fifth Circuit affirmed the district court's denial of intervention in a lawsuit challenging Texas's in-state tuition policies for illegal aliens. The court held that 8 U.S.C. § 1623(a) expressly preempts the challenged Texas Education Code provisions and that the proposed intervenors lacked standing to appeal the u
Ninth Circuit Holds BIA Must Consider Ineffective Assistance of Counsel Claims Involving Post-Decision Conduct
The Ninth Circuit ruled that the Board of Immigration Appeals (BIA) erred in denying a motion to reopen based on ineffective assistance of counsel (IAC). The court held that the BIA has the authority to review IAC claims even when the deficient conduct occurred after the BIA's final order, specifically regarding failur
Seventh Circuit Denies Motions to Dismiss Petitions for Review in Withholding-Only Cases
The Seventh Circuit held that the 30-day deadline for filing a petition for review of a final order of removal is not jurisdictional, allowing for equitable tolling in cases where withholding-only proceedings remain pending. The court rejected the government's jurisdictional challenges, confirming that reinstatement or
Seventh Circuit denies asylum petition for Serbian soccer player claiming persecution by hooligans
The Seventh Circuit affirmed the denial of asylum for a Serbian professional soccer player who alleged persecution by soccer hooligans. The court concluded that the petitioner's proposed social group lacked immutability and that the violence he suffered was motivated by personal performance-related grievances rather th
Minnesota Democrats Pardoned a Convicted Child Rapist. President Trump Deported Him.
The Trump Administration successfully deported Tou Lue Vang, a Laotian national convicted of child sexual abuse, following a pardon issued by Minnesota Governor Tim Walz and Attorney General Keith Ellison. The White House asserts this action highlights a conflict between federal immigration enforcement and state-level