In recent months, federal habeas corpus litigation has become one of the most important tools for immigrants held in prolonged immigration detention. Across the United States, immigration detainees and their attorneys increasingly turn to federal district courts when bond hearings before immigration judges fail to provide meaningful due process protections....
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The United States Court of Appeals for the Ninth Circuit has notified the parties that the case of Fertikh v. Blanche is being considered for oral argument during the Pasadena sitting calendar in September 2026. Consideration for oral argument is a significant procedural development in a federal appellate case. In many immigration appeals, matters are decided solely on the written briefs. When a case is considered for oral argument, it may indicate that the Court wishes to examine the legal and factual issues in greater depth through direct questioning of counsel. Our client, Anton Fertikh, is an asylum seeker from Russia and...
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Under the ACA framework, the government would argue that a person should not be allowed to seek asylum in the United States because they passed through another country and could have applied there. These arguments were tied to a specific regulatory structure and were relatively straightforward in how they were presented in court. Today, those arguments have largely receded from day-to-day practice. This has created an impression that immigration courts may be returning to a more traditional process, where each applicant has a full hearing and an opportunity to explain their case in detail. In practice, that has not happened. Instead of...
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As a lawyer who represents clients in immigration courts, I often see something surprising happen during asylum hearings. Cases that begin as administrative proceedings sometimes evolve into something that feels almost like a full-blown criminal trial—the kind of intense litigation people associate with famous courtroom battles such as the O. J. Simpson murder trial....
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For thousands of asylum seekers trying to navigate the U.S. immigration system, one reality stands out: immigration court is not like other courts. Despite its name, it does not operate under the protections and structure of the independent judiciary. Instead, it functions as a politicized administrative system — one that often delivers wildly inconsistent results, lacks impartial safeguards, and places even strong legal claims at risk of being denied over minor procedural missteps....
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Today is July 20, 2025. We all know what is going on in our country right now. Fear, uncertainty, and anxiety continue to grip immigrant communities across the United States. ICE is arresting people — not just those with criminal records, but also those who have applied for asylum and are legally waiting for a decision. These are individuals who followed the law, showed up to court, checked in with ICE, and complied with every legal requirement. And yet, they are treated as if they were fugitives....
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Hello everyone, President Donald Trump has officially revoked the immigration "paroles" granted during the Biden administration to migrants who crossed the U.S.–Mexico border using the CBP One app (now renamed CBP Home). This decision marks a significant shift in how the U.S. is handling those who were previously allowed to enter and temporarily remain in the country while awaiting immigration proceedings....
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If you’re undocumented in the U.S. and married to a U.S. citizen or green card holder, you may be eligible to fix your immigration status — but it’s not as simple as just applying for a green card. Many people are stuck because they entered the U.S. without inspection, triggering a 3- or 10-year bar when they leave for a consular interview abroad. That’s where the Provisional Unlawful Presence Waiver (Form I-601A) comes in....
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Most employment-based green card categories (such as EB-1 for extraordinary ability or EB-2 for advanced degrees) require applicants to have maintained lawful nonimmigrant status at all times. If an asylum applicant allowed their nonimmigrant status to expire, they typically lose eligibility for adjustment of status under INA § 245(a). However, EB-4 religious workers are exempt from this requirement. Even if an asylum applicant has been in the U.S. for years without lawful nonimmigrant status, they can still qualify for EB-4 if they meet the religious worker requirements....
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If your asylum case processing is experiencing delays or is possibly advancing to appeals in higher courts, it could be beneficial to consider alternative routes to obtaining a U.S. green card. For instance, you could consider marrying a U.S. citizen, securing a spot in the diversity visa lottery, or finding a U.S. employer to sponsor you....
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