Sam Nelson
@immlaw.bsky.social
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Author of "Immigration Law Explained"
https://samsramblingss.substack.com/
pinned post!
A rare victory -- an all-women Circuit Panel understands why a victim of gender-based violence might not be able to call the police.
samsramblingss.substack.com/p/who-will-b...
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Who will believe thee, Isabel?
Record compels a finding of state action even without reporting
https://samsramblingss.substack.com/p/who-will-believe-thee-isabel
17 days ago
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In Spanish, the suffix "-ito" is an affectionate diminutive. - "mi abuela" = "my grandma", "mi abuelita" = "my granny". - "gato" = "cat", "gatito" = "kitty" I was pleased to discover the word "diosito", an affectionate diminutive for God. English doesn't have an equivalent. But it should.
2 days ago
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"Internal relocation" and the limits of asylum: Antonio’s relocation to the United States and his request to remain demonstrate that he is, in fact, willing and able to live away from his family’s land.
samsramblingss.substack.com/p/a-barbaria...
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A barbarian will own these crops
An insufficient response to the internal relocation bar
https://samsramblingss.substack.com/p/a-barbarian-will-own-these-crops
2 days ago
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If she’d made up her mind in advance, it doesn’t matter if she subsequently went through the motions of holding a hearing. A hearing held after the decision isn’t due process, it’s a show trial.
samsramblingss.substack.com/p/administra...
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Administratively orphaned
A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer
https://samsramblingss.substack.com/p/administratively-orphaned
10 days ago
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A rare victory -- an all-women Circuit Panel understands why a victim of gender-based violence might not be able to call the police.
samsramblingss.substack.com/p/who-will-b...
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Who will believe thee, Isabel?
Record compels a finding of state action even without reporting
https://samsramblingss.substack.com/p/who-will-believe-thee-isabel
17 days ago
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Must-read opinion from a MA District Court. “What? Can this be true? There’s some unwritten deal whereby 6,000 Cuban nationals have already been shipped to Mexico? Tthis is but a stark admission that there’s no process at all beyond ‘it is what we say it is'.”
www.universalhub.com/files/attach...
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https://www.universalhub.com/files/attachments/2026/what-ruling.pdf
23 days ago
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Great piece from The Border Chronicle:
www.theborderchronicle.com/a-war-zone-m...
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A War Zone, Minus the War: One Year Into the Military Buildup of the U.S.-Mexico Border
An investigation into how President Trump’s emergency declaration along the southern border expanded military power, blurred legal lines, and helped spread the use of military-grade technology.
https://www.theborderchronicle.com/a-war-zone-minus-the-war-one-year-into-the-military-buildup-of-the-u-s-mexico-border/?ref=the-border-chronicle-newsletter
24 days ago
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reposted by
Sam Nelson
Matthew Hoppock
25 days ago
Turns out that when every Somali case I have in court suddenly got expedited and reassigned to a new judge, it wasn't just me! The DOJ has officially denied that there is an expedited "Somali Docket," but now the public data refutes their denial. Here are the highlights: 🧵
bklg.org/blog/somali-...
add a skeleton here at some point
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The drive usually take a little over an hour. If she left the night before, AND hit really bad traffic, AND there was a terrorist attack, then that MIGHT be exceptional circumstances ... ... but probably not.
samsramblingss.substack.com/p/that-darn-...
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That darn Seattle traffic
Ninth circuit debates "exceptional circumstances" for in absentia removal
https://samsramblingss.substack.com/p/that-darn-seattle-traffic
24 days ago
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reposted by
Sam Nelson
Ximena Bustillo
about 2 months ago
Immigration courts by the
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: - 25% less judges - 400 less legal assistants + clerks - 12 courts lost over half their judges, two have no full time IJs - supervisors spread across several locations We break down a clear picture of what is happening across the country:
www.npr.org/2026/02/23/g...
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U.S. has a quarter fewer immigration judges than it did a year ago. Here's why
The continued drain of personnel from the already strained immigration court system has contributed to depleted staff morale, mounting case backlogs — and floundering due process.
https://www.npr.org/2026/02/23/g-s1-110911/trump-immigration-judges-dismissals-numbers
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By the Court’s logic, it would seem that torture is not perpetrated in dingy basements by villains with backwards notions. Rather, only well-resourced, highly-educated, and caring individuals would appear capable of forming the specific intent to torture.
samsramblingss.substack.com/p/one-son-di...
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One son died. A new son was born.
Tenth circuit denies CAT protection for a man with disabilities
https://samsramblingss.substack.com/p/one-son-died-a-new-son-was-born
about 1 month ago
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reposted by
Sam Nelson
Austin Kocher, PhD
about 1 month ago
Economic and social class doesn't disappear when you cross a border, but it does change. A new special issue in the Journal of Ethnic and Migration Studies puts class back at the center of how we understand migration. Here's why that matters.
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“People don’t want to go out to work or buy necessities,” he said. “But they really don’t have a choice, right? It’s like having their backs against the wall.”
add a skeleton here at some point
about 1 month ago
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reposted by
Sam Nelson
Austin Kocher, PhD
about 1 month ago
You can't understand deportations without understanding immigration courts. And right now, those courts are in crisis with new rule changes that could make things significantly worse. 🧵
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The judge essentially says “you’re telling the truth now, which proves that you were lying then, which proves that you’re not telling the truth now.”
samsramblingss.substack.com/p/beaten-but...
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Beaten but unharmed
Language errors result in a "not credible" finding
https://samsramblingss.substack.com/p/beaten-but-unharmed
about 1 month ago
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reposted by
Sam Nelson
Mica Rosenberg
about 1 month ago
So honored by this recognition of our reporting -- that was a real team effort -- about kids in family immigration detention.
add a skeleton here at some point
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Loved the whole interview; this was my favorite: "Wiggle room may not exist anymore, but it should. All law needs wiggle room to obtain justice."
add a skeleton here at some point
about 1 month ago
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reposted by
Sam Nelson
Kyle Cheney
about 1 month ago
NEW: Federal judges have spent months ordering ICE to give detainees a chance for release in bond hearings. Now, they're worried that the bond hearings themselves — conducted by Executive Branch immigration judges — are a farce.
www.politico.com/news/2026/03...
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reposted by
Sam Nelson
Laura Clawson
about 1 month ago
What effect does parental deportation (or the threat of it) have on U.S. citizen children? My latest at JSTOR Daily focuses on research into that question by Lauren Gulbas and Luis Zayas -- notably it's a 2017 article, so...everything is worse now.
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The Emotional Cost of Parental Deportation - JSTOR Daily
A study of US citizen children shows how immigration enforcement and family separation affect mental health and stability.
https://daily.jstor.org/the-emotional-cost-of-parental-deportation/
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“I’m talking about the term ‘crime’: What did Congress mean by that single word?” Lawmakers clearly meant something more serious than briefly leaving kids unattended.
www.propublica.org/article/trum...
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Trump’s Latest Deportation Tactic: Targeting Immigrants With Minor Family Court Cases
Should a dad be deported for leaving his toddlers alone at home for a half hour 15 years ago? The Trump administration says yes in a pending court case with sweeping implications for both the immigrat...
https://www.propublica.org/article/trump-immigration-deportation-family-court-sotero-mendoza-rivera
about 1 month ago
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The guerrillas tried to recruit Valoyes because he was a former soldier. His special training and his unique experience made him valuable.
samsramblingss.substack.com/p/off-center
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Off center
An example of a "reason" that is not a "central reason"
https://samsramblingss.substack.com/p/off-center
about 1 month ago
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Well this is scary as hell for the quarter-million people waiting for a U-visa — now ICE can move to re-open and the IJ is more or less required to grant.
www.justice.gov/eoir/media/1...
“We conclude that the Immigration Judge erred in denying DHS’ motion to recalendar...”
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https://www.justice.gov/eoir/media/1429421/dl?inline
about 2 months ago
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Tomorrow on Immigration Law Explained: a close look at a case where the protected ground is "a reason" (withholding of removal (sometimes)) but not "a central reason" (asylum) for the persecution.
about 2 months ago
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reposted by
Sam Nelson
SF Boswell
about 2 months ago
Going to try something I haven't before - a thread recapping a morning immigration court accompaniment shift Tomorrow is my regular volunteering date for immigration court in NYC; I'm theoretically in court from 8am to 12pm 1/?
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reposted by
Sam Nelson
Kyle Cheney
about 2 months ago
'UNIMAGINABLE CRUELTY': Judge Gary Brown, a Trump appointeee from NY, thrashes DHS' treatment of a man who came to the US at 9 as an abuse/neglect victim, has no criminal record and became a college grad. "The laws of decency condemn such villainy."
storage.courtlistener.com/recap/gov.us...
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The Court says that Ms. Zhao’s appeal “strained credulity.” They conclude their error-laden opinion by calling her a liar. Unfortunately, the ignorant and insulting treatment that she received is all too easy to believe.
samsramblingss.substack.com/p/an-incredi...
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An incredible decision
Poor fluency and an ignorant court combine in an adverse credibility finding
https://samsramblingss.substack.com/p/an-incredible-decision
about 2 months ago
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Coming tomorrow: part II of the series on credibility in asylum law.
about 2 months ago
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We just had our first community member assessed a $5,000 "alien apprehension fee". Anybody have experience with this? Recommendations?
about 2 months ago
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Inhospitable -- a report from UNITE HERE revealing how these White House immigration policies are creating a crisis in America’s hospitality industry.
unitehere.org/inhospitable/
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Inhospitable: How U.S. Immigration Policy is Harming the Hospitality Sector
While the global tourism industry experiences unprecedented growth, the United States faces a deepening crisis characterized by military-style occupations, violent raids on immigrant communities, and ...
https://unitehere.org/inhospitable/
about 2 months ago
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Latest post from Immigration Law Explained: "Shellacking a judge", a four-coat takedown of an immigration judge's attempt to find an asylum seeker "not credible."
samsramblingss.substack.com/p/shellackin...
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Shellacking a judge
Ninth circuit systematically demolishes IJ's "not credible" finding
https://samsramblingss.substack.com/p/shellacking-a-judge
about 2 months ago
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Immigration appeal denied because the petitioner didn't say the magic words.
samsramblingss.substack.com/p/whats-the-...
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What's the magic word?
"Prison mailbox rule" is enforced to the letter against a pro se petitioner
https://samsramblingss.substack.com/p/whats-the-magic-word
2 months ago
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"Mr. Aguilar wasn’t targeted because he was a business owner. He was only targeted because he owned a business." Sometimes the law is weird.
samsramblingss.substack.com/p/law-is-weird
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Law is weird
Primary victim isn't eligible but secondary victim is
https://samsramblingss.substack.com/p/law-is-weird
2 months ago
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Seeing an absolute FLOOD of habeas wins in the district courts. Never get tired of reading this: “Respondents must immediately RELEASE Petitioner from custody immediately, and may not re-detain Petitioner without notice and an opportunity to be heard."
3 months ago
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This one opinion contains so much judicial misconduct that it’s challenging to write about. I’ll do my best to break it down.
samsramblingss.substack.com/p/a-judicial...
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A judicial lynching
Fifth circuit bends the law to deny asylum
https://samsramblingss.substack.com/p/a-judicial-lynching
3 months ago
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Wow, it's as cold outside as an inappropriate simile.
3 months ago
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Diaz arrived on August 27, 2005, heading for the Gulf Coast. Two days later, Hurricane Katrina made landfall. The levees failed. New Orleans was under water. 1,400 people died. Adjusted for inflation, the cost of the damage was almost 0.3 Musks.
samsramblingss.substack.com/p/and-to-thi...
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And to think that it happened on Witchita St.
"Neither snow nor rain nor heat nor gloom of night"
https://samsramblingss.substack.com/p/and-to-think-that-it-happened-on
3 months ago
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In the U.S., informing on a gang would have been brave. In El Salvador, it was nothing short of heroic. Ms. Gonzalez defied the gang. She trusted the police, they betrayed her. Her family paid a terrible price.
samsramblingss.substack.com/p/greater-an...
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Greater and lesser habits of a highly effective person
Confidential informants aren't members of a socially distinct PSG
https://samsramblingss.substack.com/p/greater-and-lesser-habits-of-a-highly
3 months ago
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Lots of organizations have been putting together KYR resources. Austin Kocher pulled them together into a single curated list.
austinkocher.substack.com/p/know-your-...
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Know Your Rights Resources for ICE and Border Patrol Encounters (2026 Update)
A comprehensive resource library of KYR information for immigration enforcement encounters at home, work, school, healthcare facilities, and public spaces. Updated for 2026.
https://austinkocher.substack.com/p/know-your-rights-resources-for-ice
3 months ago
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1/3: The last few years, I've worked on a lot of SIJS petitions. When I'm helping to draft the affidavit, I always ask the kid what they want to do when they grow up. It's become an unofficial, unscientific, and subjective poll. The results:
3 months ago
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Amazing story from an immigration attorney defending a DV survivor.
unfunnylawyer.substack.com/p/seeds-plan...
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Seeds planted in 2018
Seven years ago today, I was transformed by this job.
https://unfunnylawyer.substack.com/p/seeds-planted-in-2018
3 months ago
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After ten years of litigation, the Circuit Court rebuffs the BIA and grants asylum.
samsramblingss.substack.com/p/the-saga-o...
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The Saga of Suazo
Tenth Circuit rebukes the BIA and grants asylum
https://samsramblingss.substack.com/p/the-saga-of-suazo
3 months ago
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reposted by
Sam Nelson
Aaron Parnas
3 months ago
ICE is furious because the Hilton cancelled their reservation because of ICE’s immigration enforcement activities.
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The first genuinely nuanced view of the Venezuela strikes that I've found:
behindtheborder.substack.com/p/listening-...
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Listening to Venezuelans After The Abduction of Maduro
Some Venezuelans are very happy that President Trump ordered the abduction of President Nicolás Maduro.
https://behindtheborder.substack.com/p/listening-to-venezuelans-after-the
3 months ago
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A big win on "cancellation of removal", with commentary from Shanta Driver of the United for Equality and Affirmative Action Legal Defense Fund (UEAALDF).
samsramblingss.substack.com/p/justice-de...
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Justice delayed
For cancellation, age of qualifying children fixed at time of IJ's decision
https://samsramblingss.substack.com/p/justice-delayed
4 months ago
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reposted by
Sam Nelson
Joe Gordon
4 months ago
A client was released and will sleep in his own bed tonight. Everything Is Terrible etc but I am grateful for the great writ of Habeas Corpus and federal judges who apply the law and smart lawyers I can rely on and learn from. May the coming year be better than 2025. Have a peaceful one, y’all.
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Snowy hike up Mt. Abe this morning.
4 months ago
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Your kid invites an undocumented friend over for a sleepover. Are you guilty of "alien harboring"? Legal guidance for churches, nonprofits, individuals, and anybody else who interacts with or provides services to an immigrant community.
samsramblingss.substack.com/p/harboring-...
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Harboring in Cahokia
Seventh circuit clarifies the definition of "harboring"
https://samsramblingss.substack.com/p/harboring-in-cahokia
4 months ago
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Merry Christmas. The court concludes that his continued detention offends due process. Accordingly, the court grants the petition, and orders the respondents to provide him with a constitutionally adequate bond hearing in Immigration Court as soon as possible.
scholar.google.com/scholar_case...
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https://scholar.google.com/scholar_case?case=14605704767800652410
4 months ago
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reposted by
Sam Nelson
Adam Sawyer
4 months ago
DetentionReports.com
has been updated. Detention trends for a total of 233 facilities can be found on the website. Of those, the 216 facilities that ICE identified on the most recent list have data updated through December 11.
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reposted by
Sam Nelson
Orin Kerr
4 months ago
Warrant needed to enter defendant's room at transitional homeless center to arrest him, NY trial court rules. It's not a traditional home, but Payton still applies, so physical fruits of search suppressed.
www.nycourts.gov/reporter/3ds...
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