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Immigration Law

Immigration Cases in the Supreme Court - Podcast

International & National Security Law Practice Group Podcast
John C. Eastman June 23, 2015

On June 15, 2015, the U.S. Supreme Court issued ruling in two important immigration cases: Mata v. Lynch and Kerry v. Din.

In Mata v. Lynch, the Court overturned the Fifth Circuit’s refusal to hear an appeal of the Board of Immigration Appeals’ decision to dismissal of Noel Reyes Mata’s request to appeal his deportation to Mexico, holding that the Fifth Circuit erred in declining to take jurisdiction over Mr. Mata’s appeal.

In Kerry v. Din, the Court overturned the Ninth Circuit’s ruling that petitioner Fauzia Din was denied constitutional due process protections when her husband, Kanishka Berashk, a resident citizen of Afghanistan and a former civil servant in the Taliban regime, was denied an immigration visa to the United States on the grounds that he was inadmissable under American law that excludes aliens who have engaged in “[t]errorist activities,” and when Mrs. Din and Mr. Berashk were subsequently denied review of their appeal in U.S. District Court. The Court held that the U.S. Government’s long practice of regulating immigration, which has included erecting serious impediments to a person’s ability to bring a spouse into the United States, precludes Mrs. Din’s claim.

Our expert, Chapman University School of Law Prof. John C. Eastman, analyzed these opinions and offered his perspectives of their impact on immigration policy.

  • Prof. John C. Eastman, Director, Center for Constitutional Jurisprudence, Henry Salvatori Professor of Law and Community Service, Chapman University Dale E. Fowler School of Law

The Immigration Decision: Who Wins, Who Loses? - Podcast

Federalism & Separation of Powers Practice Group Podcast
John C. Eastman June 01, 2015

On Tuesday, May 26, the Fifth Circuit Court of Appeals denied a request from federal government lawyers to overturn a lower court injunction, and to thereby allow President Barack Obama's immigration actions to go into effect pending appeal. What now are the legal effects of the President’s immigration actions? What are the possible next steps in the litigation? These and other questions were answered on this Teleforum Conference call.

  • Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law

Immigration Law and Policy - Podcast

Federalism & Separation of Powers Practice Group Podcast
Linda Chavez, Thomas G. Tancredo May 26, 2015

Is there a way out of the morass on immigration policy that is consistent with conservative principles but allows for a solution to the problems created by outdated and largely unenforceable current laws? Some argue that our current illegal immigration problem is largely the result of laws that prevent willing workers who are foreign born to be matched with U.S. employers who seek the skills they offer at both the high and low end of the skills spectrum. Others are loath to give illegal immigrants a path to citizenship, seeing it as an endorsement of the evasion of the rule of law, and an incentive to future illegal immigration.

  • Hon. Linda Chavez, Chairman, Center for Equal Opportunity
  • Hon. Thomas G. Tancredo, Co-chairman, Team America PAC, and President, Rocky Mountain Foundation

The Texas Immigration Case: What Does it Mean, What Happens Next? - Podcast

Litigation and International & National Security Law Practice Groups Podcast
John C. Eastman, Brianne Gorod March 25, 2015

In February of 2015, federal District Court Judge Andrew Hanen (Southern District of Texas) temporarily blocked President Obama’s executive actions on immigration, which would have shielded as many as five million people from deportation proceedings. Judge Hanen subsequently refused the federal government’s request to reconsider, and last week the government filed an emergency motion in the Fifth Circuit Court of Appeals asking that court to overturn the injunction. This week, Judge Hanen and federal government lawyers reportedly sparred over representations made in court by government attorneys on details of waivers already granted under the executive actions. What is the basis of Judge Hanen’s injunction? Is it likely to be overturned or upheld by the Fifth Circuit? What are the next steps in the proceedings?

  • Prof. John C. Eastman, Director, Center for Constitutional Jurisprudence, Henry Salvatori Professor of Law and Community Service, Chapman University Dale E. Fowler School of Law
  • Brianne Gorod, Appellate Counsel, Constitutional Accountability Center

Executive Action on Immigration - Event Audio/Video

Sponsored by the Federalist Society's Practice Groups
Kamal Essaheb, David B. Rivkin, Jr., Ilya Shapiro, Peter Bisbee February 20, 2015

On November 20, 2014, President Obama, with much attention from the media and the public, announced executive action on immigration. Our discussion will address the specifics of the President’s actions, and the legality of those actions. What exactly was said and done by the President, and how do his actions differ from acts he previously asserted were beyond his unilateral power? Has the President exceeded his constitutional authority to act? What happens next? Please join us over the lunch hour for a discussion with three experts in the field.

Featuring:

  • Mr. Kamal Essaheb, Immigration Policy Attorney, National Immigration Law Center
  • Mr. David Rivkin, Partner, Baker & Hostetler LLP
  • Mr. Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
  • Moderator: Mr. Peter Bisbee, Membership Director and Associate Director of External Relations, The Federalist Society

National Press Club
Washington, DC