Immigration and Nationality - David Thronson

INA provisions and cases

INA 212

Excludable Aliens. (Inadmissible)

INA 237

Deportable Aliens (Grounds for Removal)

INA 101

Definitions and classifications of immigration terms, including visas and statuses.

INA 245

Adjustment of Status provisions allowing certain aliens to become lawful permanent residents.

INA 203

Allocation of Visas

INA 203(a)

Preference allocation for family-sponsored immigrants

INA 203(b)

Preference allocation for employment-based immigrants

INA 203 ©

Diversity Immigrants -visa allocation for individuals from underrepresented countries

INA 204

Procedure for granting immigrant status

INA 212(2)

Excludable aliens on criminal grounds, including convictions or charges related to certain crimes.

INA 212 (2)(C)

Exceptions to excludable aliens based on foreign policy. Secretary of State has reasonable reasonable ground to believe would have potentially serious adverse foreign policy consequences

INA 212(f)

Grants the President the authority to restrict entry of any aliens or groups of aliens into the United States if deemed detrimental to the interests of the country.

INA 235

The section of the Immigration and Nationality Act that outlines the inspection and admission procedures for individuals seeking entry into the United States.

INA 235 (b)

Procedures for inspection of aliens arriving in the United States and for the detention of those found inadmissible.

INA 236

the grounds for detention of aliens during removal proceedings and establishes the conditions under which they may be held.

INA 240

This section of the Immigration and Nationality Act outlines the procedures for removal proceedings, including the rights of aliens to seek relief from removal.

Ekiu v. US

A landmark Supreme Court case from 1892 affirming the government's authority to exclude immigrants deemed undesirable (public charge) and establishing the understanding that due process rights for aliens may differ from those of citizens. Not within the judiciary’s job to order foreigners to not be permitted to enter, because of the decisions by executive or administrative officers acting within the power of Congress are due process of law. 

Fong Yue Ting v. United States

A Supreme Court case from 1893 that upheld the government’s authority to deport Chinese immigrants without a hearing, reinforcing the principle of executive power in immigration enforcement.

Fong v. US

A Supreme Court case that affirmed the government's ability to deport immigrants and restricted due process rights for non-citizens, impacting immigration policy.

Board of Regents v. Roth

A Supreme Court case from 1972 that held that a public university employee does not have a constitutional right to continued employment, thereby clarifying the limits of due process protections for non-tenured employees.

Shaughnessy v. US

A Supreme Court case from 1953 that upheld the government's power to deport immigrants based on criminal convictions, reinforcing the broad discretion granted to immigration authorities.

Yamataya v. Fisher

A Supreme Court case in 1903 that affirmed the government's authority to deport immigrants without a formal hearing, establishing precedents for immigration control and due process rights.

Zadvydas v. Davis

A Supreme Court case from 2001 that ruled the government cannot detain immigrants indefinitely without a hearing, establishing limits on detention policies.

Clark v. Martinez

A Supreme Court case from 2005 that extended the ruling in Zadvydas v. Davis, determining that immigrants cannot be held indefinitely without a hearing after their deportation orders are finalized.

Demore v. Kim

A Supreme Court case from 2003 that upheld the government's authority to detain immigrants for mandatory detention during removal proceedings, reinforcing strict immigration enforcement.

Jennings v. Rodriguez

The federal government is not required to provide periodic bond hearings for detained foreign citizens under Sections 235 or 236 of the Immigration and Nationality Act.

Harisiades v. Shaughnessy

• The Alien Registration Act is constitutional and therefore the deportations are allowed. Resident aliens make a conscious choice to eschew the constitutional rights of United States citizens when they do not pursue naturalization. 

• the act is not a violation of due process as applied to resident aliens. The act is also not a violation of the First Amendment, because Congress may make the distinction between speech advocating nonviolent change and speech advocating violent revolution.

Kleindienst v. Mandel

A Supreme Court case from 1972 that ruled that the government could deny an alien's entry into the United States based on the alien's political beliefs, reinforcing executive discretion in immigration matters. The Court has long held that Congress’s decisions relating to the exclusion of aliens is subject to very little, if any, judicial review

Fiallo v. Bell

A Supreme Court case that upheld the gender-based distinctions in immigration laws, affirming the government's authority to treat children of unwed fathers differently from those of unwed mothers in visa petitions. The Court ruled that such distinctions do not violate the Equal Protection Clause of the Fourteenth Amendment, emphasizing the broad discretion afforded to Congress in immigration matters.

Francis v. INS

A Supreme Court case that established the importance of providing due process to aliens facing deportation, holding that the Board of Immigration Appeals must provide a fair hearing before any removal can occur.

INS v. Chadha

A landmark Supreme Court case that struck down the legislative veto provision of the Immigration and Nationality Act, ruling it unconstitutional because it violated the separation of powers doctrine. The decision emphasized that both houses of Congress must participate in the legislative process.

Trump v. Hawaii

A significant Supreme Court case that upheld the travel ban issued by the Trump administration, ruling that the president has broad authority to impose restrictions on entry into the United States. The Court found that this policy did not violate the Establishment Clause of the First Amendment.

Adams v. Howerton

A case that addressed the definition of "spouse" under the Immigration and Nationality Act, ruling that a same-sex spouse is not recognized for immigration purposes.

Matter of Zeleniak

A case that involved the admissibility of certain evidence in immigration proceedings and clarified issues related to the burden of proof in establishing eligibility for relief from removal.

Matter of Mourillon

A case that addressed whether an alien's conviction under a state law constitutes a crime involving moral turpitude, impacting their eligibility for immigration benefits.

Matter of Marion Graham

A case that examined the application of statutory discretion in immigration proceedings, particularly focusing on how certain factors should be weighed when determining eligibility for relief from removal.

Industrial Holographics, Inc. v. Donovan

A legal case that involved the interpretation of immigration law as it pertains to employment eligibility and the enforceability of regulations on foreign workers.

Allied Craftsmen v. Meese 

A case that dealt with the statutory authority of immigration officials regarding labor certifications for foreign workers and the implications for employment-based immigration.

Nice v. Turnage

A legal case addressing the eligibility requirements for public benefits and their interaction with immigration status, including the treatment of individuals under the Immigration and Nationality Act.

Matter of Artee Corporation

A legal decision concerning the requirements for visa issuance and the criteria that immigration authorities must follow regarding employment-based immigration and adjustments of status.

Matter of S-K

A case that established the standards for determining whether an individual qualifies for asylum based on past persecution and a well-founded fear of future persecution.

Matter of A-C-M

A decision that clarified the necessary evidentiary standards for asylum seekers regarding allegations of persecution due to membership in a particular social group.

Padilla v. Kentucky

A landmark Supreme Court case that held that defense attorneys must inform noncitizen clients of the deportation risks associated with guilty pleas.

Maie v. Garland

A case that addressed the impact of criminal convictions on immigration relief and clarified the standards for evaluating good moral character.

Rodriguez-Contreras v. Sessions

A case that examined the criteria for determining the eligibility for asylum based on credible fear of persecution.

Matter of Esquivel-Quintana

A decision by the Board of Immigration Appeals that established the criteria for determining whether a conviction falls under removable offenses related to sexual conduct with a minor.

INA 237(a)(6)

allows detention of aliens subject to a removal order.

INA 236

Apprehension and Detention of Aliens. The Attorney General shall take into custody any alien who is deportable because he has been convicted of a one of specified set of crimes.

INA 235

governs aliens seeking entry into the US