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O.A. v. Trump, Civ. No. 18-2718 and S.M.S.R. v. Trump, Civ. No. 18-2838 (consolidated cases)

2 August 2019 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Access to procedures - Asylum policy - Asylum-seekers - Illegal entry - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: El Salvador - Guatemala - Honduras - Mexico - Nicaragua - United States of America

BRIEF OF AMICUS CURIAE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES IN SUPPORT OF PLAINTIFFS-APPELLEES in the case GRACE, et al., Plaintiffs-Appellees, v. WILLIAM P. BARR, ATTORNEY GENERAL, et al., Defendants-Appellants.

31 July 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

YOLANY PADILLA; et al., Plaintiffs-Appellees, v. IMMIGRATION AND CUSTOMS ENFORCEMENT; et al., Defendants-Appellants, and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, FKA Department of Social Services; et al., Defendants. - ORDER

Appellants’ emergency motion for a stay of the district court’s April 5, 2019 and July 2, 2019 orders pending appeal (Dkt. Entry No. 10) is granted in part and denied in part.

22 July 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America

Guatemala: Court of Constitutionality - Accumulated Files: No. 3829-2019, 3849-2019, 3881-2019 - 14 July 2019

"Expedientes Acumulados 3829-2019, 3849-2019 y 3881-2019". Constitutional Court decision reviewing the constitutionality of the "safe third country" agreement between the United States and Guatemala. The court found, on procedural grounds, that the agreement did not comply with the treaty-making procedures in Guatemalan law. However, this was later overturned on appeal (See the appeal here.)

14 July 2019 | Judicial Body: Guatemala: Corte de Constitutionalidad | Document type: Case Law | Topic(s): Safe third country | Countries: Guatemala - United States of America

YOLANY PADILLA, et al., Plaintiffs, v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants. - ORDER ON MOTIONS RE: PRELIMINARY INJUNCTION

PART B: The Court MODIFIES the injunction to find that the statutory prohibition at Immigration and Nationality Act § 235(b)(1)(B)(ii) against releasing on bond persons found to have a credible fear of persecution if returned to their country and awaiting a determination of their asylum application violates the U.S. Constitution; the Bond Hearing Class is constitutionally entitled to a bond hearing (under the conditions enumerated above) pending resolution of their asylum applications.

2 July 2019 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America

Brief of the United Nations High Commissioner for Refugees before the United States Court of Appeals for the Ninth Circuit in the case INNOVATION LAW LAB, et al., Plaintiffs-Appellees, v. KEVIN M. MCALEENAN, Secretary of Homeland Security, et al. Defendant-Appellant.

26 June 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

Declaración Conjunta México Estados Unidos

7 June 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: Resolutions/Recommendations/Declarations

INNOVATION LAW LAB et al., Plaintiffs-Appellees, v. KEVIN K. MCALEENAN, Acting Secretary of Homeland Security, in his official capacity, et al., Defendants-Appellants

The panel granted the Department of Homeland Security’s motion for a stay of the district court’s preliminary injunction in an action challenging the Migrant Protection Protocols.

7 May 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Asylum policy - Refoulement | Countries: United States of America

Matter of M-S-

(1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such an alien must be detained until his removal proceedings conclude, unless he is granted parole.

16 April 2019 | Judicial Body: United States Attorney-General | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America

YOLANY PADILLA, et al., Plaintiffs, v. US IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants. ORDER GRANTING PRELIMINARY INJUNCTION

With regard to the Bond Hearing Class, Defendant Executive Office for Immigration Review must, within 30 days of this Order: 1. Conduct bond hearings within seven days of a bond hearing request by a class member, and release any class member whose detention time exceeds that limit; 2. Place the burden of proof on Defendant Department of Homeland Security in those bond hearings to demonstrate why the class member should not be released on bond, parole, or other conditions; 3. Record the bond hearing and produce the recording or verbatim transcript of the hearing upon appeal; and 4. Produce a written decision with particularized determinations of individualized findings at the conclusion of the bond hearing

5 April 2019 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America

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