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By Marcia Coyle | October 26, 2017
The D.C. Circuit's blockbuster ruling that allowed an undocumented immigrant to leave federal custody to have an abortion marked the court's rare foray into hot-button social issues. It's an open question just how far-reaching the ruling will be either to the underlying purported class of pregnant undocumented minors or to immigration litigation at large. Judge Brett Kavanaugh, writing in dissent, said any precedential value of the court's decision will be debated.
By Colby Hamilton | October 25, 2017
U.S. District Judge Nicholas Garaufis ordered briefs Tuesday to address the district court's jurisdiction over a pair of conjoined suits…
By Marcia Coyle | October 23, 2017
"J.D. came to the United States without legal documentation. That is not disputed. But the government cannot make a forced pregnancy the sanction for that action. J.D. retains her basic rights to personhood," Judge Patricia Millett wrote in her dissent. Here's a snapshot of the foundation of Millett's writing.
By Cogan Schneier | October 20, 2017
The D.C. Circuit gave the Department of Health & Human Services until Oct. 31 to find a sponsor for the 17-year-old, in which case she would be free from HHS custody and allowed to get the abortion.
By Cogan Schneier | National Law Journal | October 20, 2017
The government argues it should not be required to facilitate an abortion for a pregnant undocumented minor, while the ACLU contends the government is violating her constitutional rights.
By Colby Hamilton | October 20, 2017
The federal government was awarded an emergency stay in discovery proceedings by the U.S. Court of Appeals for the Second Circuit Friday, as it prepares to file a writ of mandamus in a pair of suits over President Donald Trump's decision, announced last month in an executive order, to end the Deferred Action for Childhood Arrivals program last month.
By Marcia Coyle | Cogan Schneier | October 20, 2017
Emoluments. Sanctuary cities. The end of DACA. Brett Shumate is everywhere in court now.
The Legal Intelligencer | Commentary
By Lisa T. Felix and Steven R. Miller | October 19, 2017
A month ago, President Donald Trump rescinded the Deferred Action for Childhood Arrivals (DACA) program, once more hanging the threat of deportation over the heads of some 800,000 young immigrants.
By Cogan Schneier | National Law Journal | October 16, 2017
Judge Theodore Chuang repeatedly asked both plaintiffs' and government lawyers for limits on when the government can bar certain immigrants from entering the country and when it would no longer be discrimination in the eyes of the plaintiffs.
By Cogan Schneier | National Law Journal | October 11, 2017
New rounds of litigation challenging President Donald Trump's latest travel ban restrictions have already begun in the Fourth and Ninth circuits, but another case has been waiting in the wings in Washington, D.C.
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