November Litigation Updates

Read case summaries of select Attorney General, BIA, and Supreme Court cases issued this last month.

Attorney General

Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022) - Nov. 17, 2022

  • "(1) Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018), is overruled. (2) Pending the outcome of the rulemaking process, immigration judges and the Board of Immigration of Appeals may consider and, where appropriate, grant termination or dismissal of removal proceedings in certain types of limited circumstances, such as where a noncitizen has obtained lawful permanent residence after being placed in removal proceedings, where the pendency of removal proceedings causes adverse immigration consequences for a respondent who must travel abroad to obtain a visa, or where termination is necessary for the respondent to be eligible to seek immigration relief before United States Citizenship and Immigration Services." 

Board of Immigration Appeals (BIA)

Matter of Gupta, 28 I&N Dec. 653 (Dec. 2022) - Nov. 29, 20222 

  • "(1) Disbarment may be appropriate where an attorney knowingly disregards a prior order of suspension from the Board of Immigration Appeals and claims on notices of entry of appearance that he is not subject to any order restricting his right to practice law when he is, in fact, suspended from practice before the Board, the Immigration Courts, and the Department of Homeland Security. (2) While the Board will adopt the sanction proposed by the Disciplinary Counsels in this case, the Board may deviate from a proposed sanction if the particular facts and circumstances warrant a different result."  

Supreme Court

United States v. Tex., No. 22-58, 2022 WL 17085172 (U.S. Nov. 21, 2022) 

Facts & Background 
  • Please look to the "October Litigation Updates" blog post for facts, background, and procedural issues.  
  • The Supreme Court asked that the parties address three issues in oral arguments: 
    • (1) Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s (DHS) Guidelines for the Enforcement of Civil Immigration Law; 
    • (2) Whether DHS’s Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and 
    • (3) Whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2). 
  • Oral arguments were held on November 29, 2022. Although some justices questioned the legality of the policy, there were also questions about whether the states challenging the policy could bring their lawsuit at all, and whether a federal district judge had the power to set aside the policy. Discussion went on for nearly two and a half hours.

Santos-Zacaria v. Garland, No. 21-1436, 2022 WL 4651242 (U.S. Oct. 3, 2022) 

Facts & Background 
  • Please refer to facts and background from the "October Litigation Updates" blog post for this case.  
  • This case experienced some updates in November 2022. Mainly, on November 10, 2022, this case was set for oral argument to take place on January 17, 2023. On November 16, 2022, a record was requested from the U.S.C.A. 5th Circuit. On November 17, 2022, the petitioner’s brief and the joint appendix were filed. On November 23, 2022, three amicus curiae briefs were filed.