Supreme Court weakens protections for green card holders returning to the U.S.

The U.S. Supreme Court has issued a decision making it easier for immigration officers to deny readmission to lawful permanent residents accused of certain disqualifying crimes. The ruling lowers the government’s burden at the border and raises serious concerns for green card holders with any criminal history who travel outside the United States. Green card holders should not have to fear losing their rights simply because they travel. This ruling makes it easier for immigration officers to deny readmission to lawful permanent residents accused of certain disqualifying crimes, without the higher “clear and convincing evidence” standard previously required. As Justice Ketanji Brown Jackson warned in dissent, this gives the government a dangerous amount of power over lawful permanent residents. It gives the government a “blank check” to weaken the rights of lawful permanent residents.

Green card holders should speak with an experienced immigration attorney before traveling internationally, especially if they have ever been arrested, charged, or convicted of a crime.

The House has passed a major $70 billion immigration enforcement funding bill that could expand ICE, Border Patrol, detention, and deportation-related operations over the next several years.

The House narrowly passed a $70 billion immigration enforcement funding bill on June 9, 2026, sending the measure to President Trump for approval. Reports indicate the bill would provide major funding for ICE, Customs and Border Protection, and DHS operations through 2029, including approximately $38 billion for ICE and $26 billion for Border Patrol. The bill passed 214–212, largely along party lines.

Federal Judge Blocks Immigration Delays Affecting Green Cards, Work Permits, Asylum, and Naturalization

According to recent reporting, the policies affected individuals from certain countries and left many applicants waiting for decisions even after they had properly filed their applications. The court found that these broad pauses and delays were unlawful.

If your case has been delayed, held in abeyance, or affected by a recent immigration policy change, this ruling may be important to your case.

This may also apply to individuals from Iran and other affected countries whose pending immigration applications were placed on hold or delayed because of recent agency guidance or policy changes.

I will continue monitoring this issue and will provide updates as more information becomes available. Every case is different, so individuals with pending applications should speak with an experienced immigration attorney before making any decisions about their case.

Do You Have to Leave the United States Because of the New USCIS Policy Memo?

No. The new USCIS policy memo does not automatically mean that every person applying for a green card must leave the United States.

USCIS recently issued a policy memo describing adjustment of status as a discretionary benefit and suggesting that, in some cases, applicants may be expected to pursue consular processing outside the United States. This caused a great deal of confusion and concern for many applicants.

However, the law has not changed. Adjustment of status is still available under INA § 245 for applicants who are eligible to apply from inside the United States. USCIS may now apply greater scrutiny and look more closely at discretionary factors, but eligible applicants may still continue to file for adjustment of status in the United States.

Every case is different. Some applicants should file for adjustment of status in the United States. Others may need to consular process through a U.S. Embassy or Consulate abroad. But leaving the United States without proper legal advice can be risky, especially for individuals who have unlawful presence, prior immigration violations, criminal issues, or other inadmissibility concerns.

If you are not eligible to adjust status in the United States, consular processing may be the proper option. However, before leaving the United States, you should speak with an experienced immigration attorney to determine whether you need a waiver, such as Form I-601A, Provisional Unlawful Presence Waiver.

Do not assume you must leave the United States just because of headlines or social media posts. The correct strategy depends on your immigration history, manner of entry, family or employment petition, unlawful presence, criminal history, and whether a waiver is required.

Before making any decision, consult with an immigration attorney who can review your specific case and advise you on the safest path forward.

USCIS’s May 21, 2026 Policy Memorandum on Adjustment of Status.

The American Immigration Council recently published an important analysis regarding USCIS’s May 21, 2026 policy memorandum on adjustment of status. The memo has caused significant confusion for green card applicants, especially those applying from inside the United States.

Applicants should not panic, but they should speak with an experienced immigration attorney before making decisions about leaving the United States or changing their immigration strategy.

Read the full article here: https://www.americanimmigrationcouncil.org/blog/green-card-news-uscis-memo/

DEPORTATION WIN Respondent with Firearm conviction wins case based on government failure to meet their burden

DEPORTATION WIN (LPR with Firearm Conviction, Motion to Terminate granted because DHS failed to show by clear and convincing evidence that the respondent is removable as charged)

Our client, National and citizen of Mexico was admitted as a permanent resident on April 13, 1990 and convicted on March 7, 1994 of violating California PC Section 12020(a)(Possession, manufacture, sell a firearm) and sentenced to 270 days in jail. The NTA charged him as being removable pursuant to Section 237(a)(2)(C) of the INA. Our office contested the charge of removability and filed a Motion to Terminate based on the fact that PC 12020(a) is a divisible statute which requires the modified categorical approach and DHS failed to meet their burden by clear and convincing evidence that the instant conviction was a firearm offense. The Honorable Immigration Judge in Los Angeles agreed and granted our motion.

Respondent happily resides in Riverside with his wife and three children.

DEPORTATION WIN LPR Caught at Border for Alien Smuggling, Motion to Terminate granted Relief granted for Alien Smuggler

DEPORTATION WIN LPR Caught at Border for Alien Smuggling, Motion to Terminate granted Relief granted for Alien Smuggler

DEPORTATION WIN (LPR Caught at Border for Alien Smuggling, Motion to Terminate granted)

Respondent, native and citizen of Mexico, was placed in proceedings on April 22, 2007, for alien smuggling. At all times, Respondent maintained that she was unaware that the adults in her vehicle were undocumented. Respondent appeared with her previous counsel, contested the charge of removability and indicated she would seek termination of proceedings. In support of the charge, the DHS submitted Form I-213, the record of deportable/inadmissible alien. The Court instructed Respondent to file a Motion to Terminate and any objections to the form I-213 by November 6, 2007. On November 7, 2007, the Respondent’s attorney filed a Motion to Terminate Proceedings, but did not specifically object to the I-213. Respondent’s prior counsel never consulted with Respondent about whether to object to the I-213. Instead, the motion merely presented Respondent’s account of events, but did not provide a legal argument. On December 6, 2007, the DHS filed an Opposition to the Motion to Terminate. It argued that the Form I-213 established Respondent’s removability as charged. Since Respondent did not file any objections to the I-213, the DHS asserted that the Court should admit the I-213. The Court concluded that DHS made a prima facie showing of removability, reasoning that Respondent did not object to the I-213. Consequently, it admitted the item into evidence. The Court accepted the narrative offered by that document. It stated that based on the DHS’s evidence Respondent drove the vehicle, allowed the undocumented passengers to enter the vehicle despite knowing that the documents had been purchased. The Form I-213 further indicated that during the primary inspection, Respondent claimed that all minors in the vehicle were her children. Based on the foregoing, the Court denied Respondent’s Motion to Terminate, as Respondent lacked sufficient evidence to suppress the I-213.

In 2011, Respondent retained our office to represent her. Our office immediately requested the FOIA of Respondent’s videotaped statement. The FOIA coordinator would not provide our office with the videotaped sworn statement. We then requested the Honorable Immigration Judge to subpoena a request. After receiving the sworn video statement, review of the sworn videotape revealed that Respondent at all times denied knowledge of the smuggling act after repeated questioning. We then filed another Motion to Terminate, and ultimately, the government agreed to have the case terminated.

During the duration of Respondents case, she suffered from extreme depression, anxiety disorder and a plethora of other medical complications- all derived from the stress imposed on her after placed in proceedings.

Had Respondent originally hired an experienced attorney, this trauma could have been avoided. Our office investigated all facts and tentatively listened to Respondent’s version of the facts. A careful review of the videotaped sworn statement not only corroborated our client’s story, but made it very clear- Respondent was not an alien smuggler!

DEPORTATION WIN, Relief granted for Alien Smuggler

DEPORTATION WIN, Relief granted for Alien Smuggler

DEPORTATION WIN (LPR Caught At Border For Alien Smuggling)

Respondent was detained at the border after being charged with smuggling aliens in the United States in San Ysidro, California. Upon contacting our office, we immediately contacted (ICE) and had her released on a $5000 bond. We later filed Cancellation for Removal for Lawful Permanent Residents (LPR) with the Immigration Judge in San Diego, California and based it on the hardship her children would suffer. Her waiver was granted. Respondent now lives in Riverside with her five children. *Please note that had Respondent been CONVICTED of alien smuggling, she would not have been afforded this relief. Cancellation of Removal for Lawful Permanent Residents (LPR) is only available if :the Respondent :(1). Has been an LPR for 5 years;(2) Has resided in the U.S. continuously for 7 years after having been admitted in any status; and (3) Has not been convicted of any aggravated felony.

DEPORTATION WIN LPR With At Least Four Criminal Convictions

DEPORTATION WIN LPR With At Least Four Criminal Convictions

DEPORTATION WIN (LPR With At Least Four Criminal Convictions)

Our client, a citizen and national of El Salvador, obtained his lawful permanent status on October 29, 1990. Since then he had four convictions for Petty Theft. In 1998, he was convicted of PC 666 Petty Theft with a Prior, a Felony, sentenced to 120 days plus probation. In 1998, he violated his probation by moving to Seattle. In 2008, he filed an application to renew his lawful permanent resident card. The card was mailed to his home, however he was advised by immigration that he had an open case in San Bernardino that he needed to resolve. He flew to California to take care of the warrant he had for violating his probation. The Criminal Judge in San Bernardino County sentenced him to six months for violating his probation in 1998.

After he served his time, he was placed in Immigration custody. The Client’s family immediately contacted our office, and we filed a Motion for Bond Hearing but the Immigration Judge found that the Respondent was subject to Mandatory Detention. A Merits date was set and we filed for relief under Cancellation of Removal for certain permanent residence. His family flew in to testify on his behalf. At the time of hearing, Respondent was questioned about the circumstances which gave rise to his convictions.

Looking at his criminal record, one would not be able to tell what an outstanding citizen this man is to our community. Surely he made his mistakes, but given the circumstances he was placed in, he did the best he could. This Respondent was a single father raising three young boys without the help of their mother, the youngest being two. Their mother abandoned them at a young age and this father raised these boys the best he possibly could given the circumstance he was in. In 1998, the Respondent was convicted of PC 666 and was placed on probation. Shortly after his release, his motor home was burned and his family lost what little they had. At that point he decided he wanted to change his life around. He did not want his sons to grow up in a corrupt neighborhood. He wanted to start a new life for himself and his family. He got a car and drove his family to Seattle. After he settled in Seattle he made sure to enroll his children in school with the help of a local Pastor.

His three sons are prime examples of what happens when a father places his past behind him, learns from his mistakes and makes sure that his children do not follow his footsteps. All of his boys graduated from high school and enrolled in college. One of his sons graduated from Police Academy and is currently a Correctional Officer. After high school, two of his sons went to Mexico as Missionaries. From the time Respondent moved to Seattle, he has been actively involved with the Church. Every week, he commits himself to doing a random act of kindness, whether it be going to a local park and feeding the homeless or taking clothes to the underprivileged.. He has always made an effort to give back to society. This noble man is a prime example of what it means to rehabilitate! He is no longer the same person he used to be. After hearing everyone’s testimony, the Immigration Judge granted the relief. The Government waived appeal. Respondent was released and now resides with his three sons in Seattle.