#fourth-circuit

Tagged #fourth-circuit

Every article we've published on this topic, sorted by the agency's own announcement date.

OTHER

Fourth Circuit Rejects Mandatory Detention for Long-Term Residents Without Bond Hearings

Appeals court rules that immigrants living in the U.S. interior must receive bond hearings, marking the ninth appellate loss for Trump administration detention policy.

policy update
DOJ-EOIR

Fourth Circuit Rejects Mandatory Detention Without Bond Hearings; Deep Split Among Appeals Courts

Federal appeals court joins eight others in ruling that the Trump administration's policy of holding immigrants without bond hearings violates the law. Circuit split increases likelihood of Supreme Court review.

removal defense
USCIS

Fourth Circuit Rules Vacated Criminal Convictions Nullify All Immigration Penalties

After Chevron's fall, the Fourth Circuit held that vacated criminal convictions have no immigration consequences, regardless of the reason for vacatur. Impacts removal proceedings in MD, VA, WV, NC, SC.

removal defense
USCIS

Fourth Circuit Rejects BIA Framework: Vacated Convictions Cannot Trigger Immigration Inadmissibility

The Fourth Circuit ruled that vacated convictions cannot render a noncitizen inadmissible, overturning decades of Board of Immigration Appeals precedent. Practitioners in the Fourth Circuit must now apply the new rule.

removal defense
DOJ-EOIR

Fourth Circuit Upholds Limits on ICE Enforcement at Eight Houses of Worship

Federal appeals court affirmed preliminary injunction requiring DHS to follow Biden-era safeguards at eight specific churches, temples, and meetinghouses during ongoing litigation over rescinded 2021 policy.

removal defense
DOJ-EOIR

Fourth Circuit Blocks Warrantless Immigration Enforcement at Houses of Worship

A federal appeals court ruled that the Trump administration's policy allowing ICE to conduct warrantless arrests at houses of worship violates the Religious Freedom Restoration Act. The decision applies to the plaintiffs' houses of worship.

enforcement
DOJ-EOIR

Fourth Circuit Vacates Injunction Protecting Provisional Waiver Applicants From Arrest

The Fourth Circuit reversed a Maryland district court's class-wide injunction barring arrest and removal of I-601A provisional waiver applicants, holding that pending waiver applications do not protect applicants from ICE enforcement.

family based
USCIS

Zalaya Orellana v. Bondi: Fourth Circuit Rules EOIR Memos Not Legally Binding on Judges

Fourth Circuit holds that EOIR's OPPM 17-04 memorandum is internal guidance, not binding law. Immigration judges can recalendar and reassess reserved cancellation decisions without following memo timelines.

removal defense