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
2 months ago
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Best epilogue ever: Ninth Circuit Judge Nelson (no relation) was just arrested for battery in a traffic dispute.
reason.com/volokh/2026/...
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Judge Ryan Nelson (9th Cir.) Charged with Battery for Allegedly Knocking off Man's Glasses in Parking Space Dispute
Idaho State Journal (Jimmy Hancock) reports (including video): U.S. 9th Circuit Court of Appeals Judge Ryan Douglas Nelson faces two...
https://reason.com/volokh/2026/06/06/judge-ryan-nelson-9th-cir-charged-with-battery-for-allegedly-knocking-off-mans-glasses-in-parking-space-dispute/
2 days ago
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In honor of the SpaceX IPO, $1,000 is now known as a "nanomusk".
5 days ago
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Persecutors aren't motivated by the DSM-5. One imagines a bully releasing a classmate and saying “I’m so sorry! I didn’t realize that you had developmental coordination disorder! I only meant to beat up kids with stereotypic movement disorder.”
samsramblingss.substack.com/p/we-dont-ne...
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We don't need no stinkin' DSM-5
Ninth circuit leans on clinical delineations for particularity of disability-based PSGs
https://samsramblingss.substack.com/p/we-dont-need-no-stinkin-dsm-5
5 days ago
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Great piece from
@ximenabustillo.bsky.social
about "mega masters" -- MCH with over 100 attendees.
www.npr.org/2026/05/28/n...
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How immigration courts are quietly speeding up deportations : The NPR Politics Podcast
After about two months on the job, Homeland Security Secretary Markwayne Mullin has shifted the agency’s immigration enforcement efforts toward tactics that generate fewer headlines but still result i...
https://www.npr.org/2026/05/28/nx-s1-5836648/how-immigration-courts-are-quietly-speeding-up-deportations
11 days ago
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Often, immigration cases seem reasonable at first. It’s only when you look closely at the details that it becomes clear that the process was unjust. This case is the reverse.
samsramblingss.substack.com/p/the-unhous...
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The unhoused attorney
Fundamental unfairness doesn't violate due process unless there is evidence of prejudice
https://samsramblingss.substack.com/p/the-unhoused-attorney
12 days ago
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This week on Immigration Law Explained: You Can't Go Home Again -- a close look at when "internal relocation" is reasonable.
samsramblingss.substack.com/p/you-cant-g...
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You can't go home again
A close call on the reasonableness of internal relocation
https://samsramblingss.substack.com/p/you-cant-go-home-again
18 days ago
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Tomorrow on Immigration Law Explained: a close look at when internal relocation is "reasonable".
20 days ago
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Some of them get it. Three cheers for Judge Vera: A broader point is worth mentioning. The Agency's decision had no patience for the cycle of domestic violence that haunts every page of this lengthy record. But our Circuit has been sensitive to this reality.
22 days ago
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New from Immigration Law Explained: where it becomes clear that, for asylum, it doesn't matter how you identify. What's important is how others see you.
samsramblingss.substack.com/p/to-see-our...
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To see ourselves as others see us
Nexus depends on the views and motives of the persecutor, not the petitioner
https://samsramblingss.substack.com/p/to-see-ourselves-as-others-see-us
26 days ago
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1/3 If you need something fun to read on a rainy Saturday afternoon, allow me to recommend Acosta v. Blanche. In it, we meet Carlos Rendón, a man from Colombia who lived peacefully in the United States for thirty years, marrying and having a child.
about 1 month ago
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In which Agnes and Adam marry Betty and Bart, and Shakespeare's Sonnet #116 is used as a checklist for USCIS.
samsramblingss.substack.com/p/impediment...
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Impediments to the marriage of true minds
A subsequent bona fide marriage can't overcome a prior sham one
https://samsramblingss.substack.com/p/impediments-to-the-marriage-of-true
about 1 month ago
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Thanks to
immprof.com
for featuring my Substack! I’ve been a long-time reader of the Immigration Professor’s Blog, so excited to be appearing there for the first time.
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ImmProf Blog
The Immigration Professor's Blog is a source of timely updates on news, policy, law, and research.
https://immprof.com/
about 1 month ago
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"Deport first, decide later." Even if you grant (which I certainly do not) Judge VanDyke’s premise, his choice of this case as his cause célèbre is absurd.
samsramblingss.substack.com/p/judge-vand...
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Judge VanDyke has a bug up his butt
Stays of removal partially considered
https://samsramblingss.substack.com/p/judge-vandyke-has-a-bug-up-his-butt
about 1 month ago
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In which an immigration attorney is referred for discipline to the grievance panel 23 times in 18 months.
samsramblingss.substack.com/p/the-second...
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The Second Circuit v. Attorney Borja
Roughly 23 referrals to the grievance panel in under two years
https://samsramblingss.substack.com/p/the-second-circuit-v-attorney-borja
about 2 months 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.
about 2 months 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
about 2 months 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
2 months 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
2 months 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
2 months 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
2 months ago
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reposted by
Sam Nelson
Matthew Hoppock
3 months 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
3 months ago
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reposted by
Sam Nelson
Ximena Bustillo
4 months ago
Immigration courts by the
#’s
: - 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
3 months ago
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reposted by
Sam Nelson
Austin Kocher, PhD
3 months 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
3 months ago
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reposted by
Sam Nelson
Austin Kocher, PhD
3 months 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
3 months ago
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reposted by
Sam Nelson
Mica Rosenberg
3 months 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
3 months ago
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reposted by
Sam Nelson
Kyle Cheney
3 months 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
3 months 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
3 months 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
3 months 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
3 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.
3 months ago
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reposted by
Sam Nelson
SF Boswell
3 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
3 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
3 months ago
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Coming tomorrow: part II of the series on credibility in asylum law.
3 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?
4 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/
4 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
4 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
4 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
4 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."
4 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
4 months ago
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Wow, it's as cold outside as an inappropriate simile.
5 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
5 months ago
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