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Publication Date: 2024-11-20
Practice Area: Immigration Law
Industry:
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: Chief Judge Elizabeth A. Wolford
Attorneys: For plaintiff:
for defendant:
Case Number: 6:24-CV-06478
Immigration Detaineee's Motion for Habeas Relief Is Denied as Premature
Publication Date: 2024-11-15
Practice Area: Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Myrna Pérez
Attorneys: For plaintiff: For Petitioner Everod Ray Anthony Reid: Molly Lauterback, Sophie Dalsimer, Brooklyn Defender Services, Brooklyn, NY, on the brief, Andrew D. Bergman, Arnold & Porter Kaye Scholer LLP, Houston, TX.
for defendant: For Respondent Merrick B. Garland, United States Attorney General: Brian Boynton, Acting Assistant Attorney General, Carl H. McIntyre, Jr., Assistant Director, Office of Immigration Litigation, on the brief, Paul Fiorino, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC.
For Amici Curiae Former Immigration Judges and Former Members of the Board of Immigration Appeals, in support of Petitioner: John J. Clarke, Jr., Subarkah Syafruddin, John O. Wray, DLA Piper LLP (US), New York, NY.
For Amici Curiae The Bronx Defenders, Erie County Bar Association Volunteer Lawyers Project, Inc., Esperanza Immigrant Rights Project, Florence Immigrant & Refugee Rights Project, The Legal Aid Society, and Open Immigration Legal Services, in support of Petitioner: John Harland Giammatteo, Staff Attorney and Justice Catalyst Fellow, Lutheran Social Services of New York, Immigration Legal Program, New York, NY.
For Amici Curiae Civil Rights Education and Enforcement Center, Disability Rights Advocates, Immigrant Defenders Law Center, and Pangea Legal Services, in support of Petitioner: Allen Burton, O'Melveny & Myers LLP, New York, NY, Martha F. Hutton, O'Melveny & Myers LLP, Washington, DC.
Case Number: 20-3324
IJ Improperly Applied Framework to Protect Rights of Noncitizens Who May Be Incompetent
Publication Date: 2024-11-08
Practice Area: Civil Rights | Criminal Law | Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Susan L. Carney
Attorneys: For plaintiff: For Petitioner-Appellant Abderrahmane Farhane: Naz Ahmad, Mudassar Toppa, Clear Project, Main Street Legal Services, Inc., CUNY School of Law, Long Island City, NY; Alan E. Schoenfeld, Emily Barnet, Sandra Redivo, Trena M. Riley, Dylan Reichman, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Thad Eagles, Jeremy W. Brinster, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; Asma S. Jaber, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, on the brief, Ramzi Kassem.
for defendant: For Respondent-Appellee United States of America: Jun Xiang, Hagan Scotten, on the brief, Karl Metzner, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY.
For Amicus Curiae Asian Americans Advancing Justice in Support of Petitioner-Appellant Abderrahmane Farhane: John C. Yang, Niyati Shah, Marita Etcubañez, Asian Americans Advancing Justice, Washington, DC; Andrew Z. Michaelson, Mateo de la Torre, King & Spalding LLP, New York, NY.
For Amicus Curiae Immigrant Defense Project in Support of Petitioner-Appellant Abderrahmane Farhane: Andrew Wachtenheim, Nabilah Siddiquee, Immigrant Defense Project, New York, NY.
For Amici Curiae National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, Federal Defenders of New York, Inc., Federal Public Defender's Office for the Western District of New York, Office of the Federal Public Defender for the District of Connecticut, Office of the Federal Public Defender for the District of Vermont, and Office of the Public Defender for the Northern District of New York in Support of Petitioner-Appellant Abderrahmane Farhane: Joel B. Rudin, Matthew A. Wasserman, National Association of Criminal Defense Lawyers, New York, NY; Richard D. Willstatter, New York State Association of Criminal Defense Lawyers, White Plains, NY; S. Isaac Wheeler, Federal Defenders of New York, Inc., New York, NY.
For Amici Curiae Professors of Criminal Law, Criminal Procedure, and Immigration Law in Support of Petitioner-Appellant Abderrahmane Farhane: Alyssa Barnard-Yanni, Andrew D. Silverman, Daniel A. Rubens, Orrick, Herrington & Sutcliffe LLP, New York, NY; Lauren A. Weber, Orrick, Herrington & Sutcliffe LLP, Seattle, WA.
Case Number: 20-1666
Lawyer Must Inform Naturalized Citizen of Risk of Deportation After Denaturalization
Publication Date: 2024-11-06
Practice Area: Criminal Law | Immigration Law
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Vincent L. Briccetti
Attorneys: For plaintiff:
for defendant:
Case Number: 24-CR-275
IJ Erred in Telling Alien He Was Ineligible for Voluntary Departure
Publication Date: 2024-10-22
Practice Area: Criminal Law | Immigration Law
Industry: Federal Government
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: District Judge Lawrence J. Vilardo
Attorneys: For plaintiff:
for defendant:
Case Number: 24-CV-743
Hearing on Continued Detention Needed Or Immigration Detainee Gets Released
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Publication Date: 2024-10-04
Practice Area: Contractual Disputes | Immigration Law
Industry: Investments and Investment Advisory
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge J. Paul Oetken
Attorneys: For plaintiff:
for defendant:
Case Number: 23-CV-4880
Part Dismissal of Immigrant Chinese Investors' Contract Breach, Related Claims Explained
Publication Date: 2024-09-23
Practice Area: Immigration Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Per Curiam
Attorneys: For plaintiff: For Petitioner: H. Esteban Figueroa-Brusi, New York, NY.
for defendant: For Respondent: Brian Boynton, Principal Deputy Assistant Attorney General; Melissa Neiman-Kelting, Assistant Director; Jeffrey M. Hartman, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC.
Case Number: 21-6293-1g
BIA Applied Wrong Standard When Denying Asylum, Withholding of Removal, CAT Relief
Publication Date: 2024-09-23
Practice Area: Civil Rights | Criminal Law | Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Eunice C. Lee
Attorneys: For plaintiff: For Appellee: Jane Y. Chong, on the brief, Won S. Shin, Assistant United States Attorneys, for Damian Williams, United States Attorney for the Southern District of New York, NY.
For Defendant-Appellant: S. Isaac Wheeler & Allegra Glashausser, Federal Defenders of New York, Inc., New York, NY, on the brief, Erwin Chemerinsky, University of California, Berkeley School of Law, Berkeley, CA.
for defendant: For Advocates for Basic Legal Equality, Justice Strategies, LatinoJustice PRLDEF, Legal Aid Justice Center, Massachusetts Law Reform Institute, and National Immigration Law Center, amici curiae in support of Defendant-Appellant: Nicholas D. Espiritu, Los Angeles, CA & Max S. Wolson, Washington, DC, National Immigration Law Center; Ghita Schwarz, LatinoJustice PRLDEF, New York, NY.
For Legal Service Providers and Immigrant Rights Organizations, amici curiae in support of Defendant-Appellant: Ann Garcia, Khaled Alrabe, National Immigration Project of the National Lawyers Guild, Washington, DC; Charles Roth, National Immigrant Justice Center, Chicago, IL.
For Asian Americans Advancing Justice, Human Rights First, and Northwest Immigrant Rights Project, amici curiae in support of Defendant-Appellant: Michele A. McKenzie, McKenzie Scott PC, San Diego, CA.
For Critical Race and Nation Studies, and Professor Eric Fish, amici curiae in support of Defendant-Appellant: Alexander G. Tievsky, Edelson PC, Chicago, IL, for the Center for Immigration Law and Policy, the Aoki Center.
For Dr. S. Deborah Kang, amicus curiae in support of Defendant-Appellant: Philip L. Torrey, Crimmigration Clinic, Harvard Law School, Cambridge, MA.
For Immigration Scholars, amici curiae in support of Defendant-Appellant: Amanda Valerio, Washington, DC & Alexia D. Korberg, Melina Meneguin Layerenza, Patrick McCusker, New York, NY, Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Case Number: 22-1197-cr
Defect in NTA Did Not Strip Immigration Court of Jurisdiction to Order Initial Removal
Publication Date: 2024-08-30
Practice Area: Civil Rights | Criminal Law | Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Per Curiam
Attorneys: For plaintiff: For Appellee: Tiffany H. Lee, Assistant United States Attorney, on the brief, Sean Eldridge, Assistant United States Attorney, for Trini E. Ross, United States Attorney, Western District of New York, Buffalo, New York.
for defendant: For Defendant-Appellant: Martin J. Vogelbaum, Assistant Federal Public Defender, Buffalo, New York.
Case Number: 23-6115
District Court Must Consider 'Sell' Factors in Case Over Forced Antipsychotic Medication
Publication Date: 2024-07-24
Practice Area: Immigration Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge William J. Nardini
Attorneys: For plaintiff: For Petitioner: Aadhithi Padmanabhan, Supervising Attorney, Alexis Turner-Lafving, Rule 46.1(e) Law Student, Hannah Wardell, Rule 46.1(e) Law Student, on the brief, Rafael Moreno, Rule 46.1(e) Law Student, Federal Appellate Immigration Clinic, University of Maryland Carey School of Law, Baltimore, MD; John H. Peng, Prisoners' Legal Services of New York, Albany, NY.
for defendant: For Respondent: Brian M. Boynton, Principal Deputy Assistant Attorney General, Kohsei Ugumori, Senior Litigation Counsel, Sarah K. Pergolizzi, Senior Litigation Counsel, on the brief, Christopher G. Gieger, Civil Division, U.S. Department of Justice, Washington, DC.
For Amici Curiae The Bronx Defenders, Brooklyn Defender Services, The Legal Aid Society, Make the Road New York, The New York Legal Assistance Group, UnLocal, Inc., in support of Petitioner: Zoe Levine, Jessica Swensen, The Bronx Defenders, Bronx, NY.
Case Number: 22-6275
Presumptive Reliability of Form I-213 to Prove Alienage Is Not Rebutted
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