How Will the Fifth Circuit Rule on DACA and DAPA?

It has been more that five months since the President gave this speech. The programs have been blocked by litigation, instead of allowing full implementation. Last Friday, the Fifth Circuit heard oral arguments regarding the injunctions. I do believe that  the Fifth Circuit will overrule the injunctions for the following reasons: 1. The injunction is…

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Fifth Circuit Rules that VAWA Does Not Trump K-1 Bar

The Fifth Circuit ruled last week that the approval of a VAWA petition does not trump the K visa bar. Le v. US Atty Gen. Under the Act, a person who enters the United States as a fiancé may not adjust her status except through marriage to the Petitioner. Le came the United States pursuant to…

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Fifth Circuit Rules that Expedited Removal Applies to All Aliens

In a decision issued last week, the Fifth Circuit Court of Appeals ruled that expedited removal under INA 238 applies to all aliens. INA 238 allows the expedited removal of any alien who is confined in a correctional institution and convicted of an aggravated felony. Under the statute the Department of Homeland Security must issue a…

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