Child Status Protection Act litigation heads to the Supreme Court

Saturday, January 26th, 2013

A perennial problem in immigration law is the problem of “aging out.” Aging out is when a child on a waiting list for a benefit stops being a child by virtue of the inevitable – he or she grows up. In immigration law relating to visas, one ceases to be a child at age 21 for most purposes. With wait lists for some benefits decades long, aging out is an inevitability. On August 6, 2002, Congress did something about it by…

Immigration Detention – Four Cases to Consider

Sunday, September 6th, 2009

I have been writing a whole lot about detention lately. Today I would like to discuss recent developments in four detention cases. I had bond hearings in two bond cases last week. It took about two weeks for each client to get a bond hearing because in San Diego only one judge per day conducts bond hearings and only in the morning. No bond hearings are held on Fridays or weekends (immigration is a strictly Monday – Friday affair, with…

How can you ignore empathy in judicial decision making?

Saturday, May 2nd, 2009

President Obama commented yesterday on qualities he will look for in a Supreme Court justice to replace the retiring Justice David Souter. The President said, “I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.”  Senator Orrin Hatch commented that empathy is not the law. Presumably, to him, empathy is not a relevant factor in interpreting the law. The public and the media that…