In August 26, 2016, the Justice Department informed the Supreme Court through letters that it provided it with erroneous statistics that formed the basis of the government’s victory in a 2003 case, Demore v. Kim, which upheld the government’s position that the mandatory detention statute at INA § 236(c) required the detention of aliens for an unlimited period, even years, for aliens fighting their cases in immigration court and such prolonged detention was constitutional because it was rare. The department,…

There was immigration-practice-related developments in the main stream news this week. First, the President announced that any executive orders he will make about immigration law will be after the November (2014) elections.  Also, it was reported that the immigration court backlog has reached 400,000. The popular wisdom is that the President needs to issue executive orders to placate the pro-immigration forces that are part of his base. As the President cannot run for president again, why he has to keep…