Quick hits: Immigration, Immigration, Immigration
Immigration issues are increasingly popping up in meat-and-potatoes practice areas like family and criminal law.
To help from being caught flat-footed by a client who walks through the door with an immigration-related problem, here are some recent decisions for the general practitioner to note for future reference:
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The California Supreme Court has ruled that a person in federal immigration detention is ineligible for a writ of habeas corpus from a state court if his state sentence and probation or parole have been completed. (People v. Villa)
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The REAL ID Act strips federal courts of jurisdiction to hear the habeas petition of an Albanian family challenging deportation, says the 6th Circuit. (Muka v. Baker)
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In an international child custody dispute, the 9th Circuit has denied a father’s Hague Convention petition and concluded that a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are pending. (Mendoza v. Miranda)
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And for lawyers who like getting paid, the 10th Circuit has decided that an immigrant whose naturalization application petition was not handled in a timely manner was entitled to attorney fees under the Equal Access to Justice Act. (Al-Maleki v. Holder)
— Pat Murphy
