/ January 30, 2017

How to Find Immigration Law on Fastcase

Visa

 

The past weekend has seen many lawyers take a sudden and intense interest in immigration law. We here at Fastcase are happy to help!

Below is a list of public links to documents you may find useful in researching the recent travel ban, as well as a brief demonstration of how you might go about finding and sharing one of those documents on Fastcase.

As a reminder, members of the American Immigration Lawyers Association can access Fastcase for free through their AILA membership by going HERE, or by logging in to AILALink HERE. The AILA website also has a number of other publicly available resources that might be helpful, such as the full text of the executive order itself.

UPDATE: The full text of the new March 6th executive order can be found HERE.

Another great place to look is the UB Law Library’s recent blog post, which has a number of other resources related to the ban, including news and academic articles on the subject.

Nothing beats primary law, though, so here’s a list of black-letter cases and statutes that might help.

Recent Orders

 

Washington v. Trump, No. 17-35105 (9th Cir. Feb. 9, 2017)

The 9th Circuit refused to grant a stay of the District Court’s order (immediately below). The order therefore remains effective, continuing to prevent enforcement of the ban nationwide.

 

Washington v. Trump, No. C17-0141JLR (W.D. Wa. Feb. 3, 2017)

This order temporarily restrains all Federal officials from enforcing several key sections of the travel ban – effectively permitting travel to resume largely as normal. The order applies nationwide.

 

Tootkaboni v. Trump, No. 17-CV-10154 (D. Mass. Jan. 29, 2017)

This order temporarily prohibits the United States government from removing any person with a valid visa, any person awarded refugee status, or any lawful permanent residents of the United States.

 

Darweesh v. Trump, 17 Civ. 480 (E.D.N.Y. Jan. 28, 2017)

This order temporarily blocks the United States government from sending people out of the country once they have landed in the country with valid visas, or if they arrive as part of the U.S. Refugee Admissions Program.

 

Doe v. Trump, No. C17-126 (W.D. Wash. Jan. 28, 2017)

This order temporarily prohibits the United States government from removing the two unnamed plaintiffs, pending Habeas review.

 

Aziz v. Trump, No. 1:17-CV-116 (E.D. Va. Jan. 28, 2017)

This order temporarily requires the United States Government to permit lawyers access to any permanent residents detained at Dulles Airport, and temporarily forbids the United States government from removing those residents.

 

Relevant Case Law and Statutes

 

8 U.S.C. Sec. 1101 Definitions

(a)(13)(C) – “An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States…”

 

8 U.S.C. Sec. 1152 Numerical limitations on individual foreign states

(a)(1)(A) – “…no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.”

 

Olsen v. Albright, 990 F.Supp. 31 (D.D.C., 1997)

Summary judgement in favor of a former State Department officer. Officer claimed he was unlawfully terminated because he refused to follow an agency practice of discriminating on the basis of visa applicants’ race, ethnicity, and national origin.

 

Legal Assistance for Vietnamese Asylum Seekers v. Department of State, Bureau of Consular Affairs, 45 F.3d 469 (C.A.D.C., 1995)

Overturning a policy requiring immigrants from Vietnam to comply with onerous procedural requirements not imposed on immigrants from other nations.

 

Nary v. Haitian Refugee Center, Inc, 498 U.S. 479, 111 S.Ct. 888, 112 L.Ed.2d 1005 (1991)

The District Court has federal-question jurisdiction to hear respondents’ constitutional and statutory challenges to INS procedures.

 

Dugdale v. U.S. Customs & Border Prot., 88 F.Supp.3d 1 (D.D.C., 2015)

District courts retain jurisdiction to confirm whether or not the procedures specified by INS are actually followed.

 

American Academy of Religion v. Chertoff, 463 F.Supp.2d 400 (S.D.N.Y., 2006)

While the executive branch does have discretion over how to resolve a visa application, it does not have discretion over whether to process that application. Visa applications must be processed in a timely manner.

 

Demonstration

 

How to Find the Cases and Orders

These are very easy to find! Just enter the party names into the Quick Caselaw Search bar that appears when you first log in to Fastcase.

 

How to Find the StatutesBrowse Statutes

Browse

 

 

 

Statutes can sometimes be a bit harder to find, especially if you know the subject or the original name of the Act, but don’t know where it’s codified. Thankfully you can easily browse by subject on Fastcase, using the “Browse” button on the Statute Search page. If you’re using Fastcase 7, the method is a little bit different, and you can read about it HERE.

 

 

 

 

 

 

 

 

How to Share a Document

Finding a useful immigration case or statute is no good to anyone unless you can show it to someone else. We want to make it easier for people to get access to the law, so every one of our primary law documents has a Public Link. To share a link to a document on Fastcase, just right click on the Public Link in the top-right, and click “copy link”, then paste it into your Facebook post to show all your lawyer friends the on-point case you found!

Public Link

 

There you have it! Next time you find yourself becoming an impromptu immigration attorney at the airport, you’ll be prepared!

One Response

  1. Resources Related to President Trump’s Immigration Executive Order | University of Baltimore Law Library Blog said...

    […] which is free to MSBA members and members of many other state bar associations– has made relevant cases and statutes available to the public here, along with instructions on how to use Fastcase to find immigration […]