Cases and Briefs

This page provides relevant case law that has been decided in courts across the United States. It is intended to provide up-to-date decisions that will serve as precedent for future cases.

F.L. v. Thompson

293 F. Supp 2d 86 (2003)

The issue in this case was whether the Homeland Security Act of 2002 gave the ORR the sole authority to grant the alien consent to request a state juvenile court to exercise jurisdiction over him.
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In re Y-C

23 I. & N. Dec 286  (2002)

An unaccompanied minor who was in the custody of the Immigration and Naturalization Service pending removal proceedings during the 1year period following his arrival in the United States established extraordinary circumstances that excused his failure to file an asylum application within 1 year after the date of his arrival.
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In re Juvenile 2002-098

148 N.H. 743, 813 A. 2d 1197 (2002)

The issue in this case was whether or not the district court had jurisdiction over an abuse and neglect case involving a juvenile nonresident foreign national, and the jurisdiction could be invoked to obtain special immigration juvenile status under federal law.
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Jeanty v. Bulger

204 F. Supp. 2d 1366 (2002)

Petitioners were detained after being captured while attempting to enter the United States by boat. They petitioned for parole while their asylum applications were pending. Petitioners' request for writ of habeas corpus was denied. The issue before the court was whether or not the Illegal Immigration Reform and Responsibility Act of1996 possessed habeas jurisdiction to determine the legality of petitioners' detention.
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Yue v. Brown

92 F.Supp. 2d 1236 (2000)

The issue before the court was whether the 1997 amendment to 8 U.S.C.S. § 1101(a)(27)(J), affected aliens who submitted their applications before the amendment's enactment, but whose cases were still pending.
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In re Ponce-Hernandez

22 I. & N. Dec 784 (1999)

The issue in this case was what is the standard for evidence submitted by INS to establish deportability of a juvenile alien.
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Gao v. Jenifer

185 F. 3d 548 (1999)

The issue in this case was whether the Supremacy Clause divested the county court jurisdiction over juvenile aliens in INS custody.
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Chitay-Pirir v. INS

169 F. 3d 1079 (1999)

The issue in this case was what standard of proof is a juvenile held to when establishing a well-founded fear of persecution in order to be granted asylum.
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In re Amaya

21 I. & N. Dec. 583  (1996)

Under 8 C.F.R. § 242.16(b) (1996), can an Immigration Judge accept the admission to a charge of deportability by an unaccompanied and unrepresented minor under the age of 16?
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Reno v. Flores

507 US 292 (1993)

The Court sought to determine whether respondents' contention that alien juveniles should be released to responsible adults was correct.

Flores v. Meese

934 F.2d 991 (1990)

The issue before the court was whether the newly adopted policy of the Immigration and Naturalization Service declaring that no detained alien minor should be released except to a parent of lawful guardian was a violation of due process rights.

Perez-Funez v. INS

619 F. Supp. 656 (1985)

A three-part test for procedural due process errors concerning private interests was applied to determine the risk of erroneous deprivation of rights under the challenged procedures, balanced against the government interest. The court determined whether the risk of erroneous deprivation of plaintiffs' rights to deportation hearings was great when using a waiver request.
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