Sign in

Sam Nelson

@immlaw.bsky.social
144 followers 273 following 491 posts

Author of "Immigration Law Explained" samsramblingss.substack.com

PostsRepliesMedia
Sam Nelson @immlaw.bsky.social · 4h
Great article from @hoppock.bsky.social on my latest nightmare, Matter of P-A-C- "That might sound like a narrow discretionary ruling. It is not. It turns asylum law upside down." www.hoppocklawfirm.com/matter-of-p-...
hoppocklawfirm.com
Matter of P-A-C- Signals an Attempt to End Asylum Completely. But the Fight is Not Over.
The Board of Immigration Appeals’ new decision in Matter of P-A-C- should alarm anyone who still believes asylum exists as a meaningful form of protection
0154
Sam Nelson @immlaw.bsky.social · 4h
Once again @asylumist.bsky.social hits the nail on the head. "The intellectual courage to seek out the truth in the face of the Administration’s lies, and the moral courage to stand up to our government’s demeaning “humor.”" asylumist.com/2026/09/16/t...
asylumist.com
The Courage to Save Our Souls - The Asylumist
I was struck by a recent article in Christianity Today, The Trump-Era Laughter at Immigrant Suffering Is Deforming Our Souls, by Russell Moore. The article discusses the “funny” memes, songs, and joke...
010
Reposted by Sam Nelson
Austin Kocher, PhD @austinkocher.com · 11h
Courts add to the count too. In absentia removal orders reached 53,808 in June, up 55%, after last-minute "mega-master" hearings began, per bklg.org data. @deportationdata.bsky.social
071
Sam Nelson @immlaw.bsky.social · 01/10/2026
When feelings overwhelm you and the tears well in your eyes and you think of the thousands who surround you there’s one ideal above all others: that mighty . . . ROAR OF THE STANDS! samsramblingss.substack.com/p/if-only-he...
samsramblingss.substack.com
If only he’d played better
Soccer player beaten by fans, denied asylum for lack of nexus (and other reasons)
000
Sam Nelson @immlaw.bsky.social · 30/09/2026
Go Teamsters! Walkout yesterday at an Amazon warehouse.
Amazon workers on the picket line.
000
Sam Nelson @immlaw.bsky.social · 29/09/2026
"Before U-visa petitioners can receive the interim relief available to those on the waiting list, they must be placed on the waiting list. But there is also a backlog for waitlist adjudications. In 2019, it took 42 months to decide if a U-visa petitioner should be placed on the waiting list."
120
Sam Nelson @immlaw.bsky.social · 26/09/2026
“Well, that’s it for asylum”. 1. Granted Withholding... 2. so no danger of persecution... 3. so the overwhelming positive equity for asylum has been removed... 4. so the negative equity, illegal entry, outweighs... 5. so asylum can be denied as a matter of discretion. QED
100
Sam Nelson @immlaw.bsky.social · 26/09/2026
In the real world, this case starts in 1965, when the United States encouraged the genocide against the Maya peoples. It ends in 2018, when a judge looked into a child’s eyes and chose to send him back. samsramblingss.substack.com/p/a-child-in...
samsramblingss.substack.com
A child in the witness chair
Adverse credibility finding for a 14-year-old witness with no interpreter
010
Reposted by Sam Nelson
Greenberg Visa Law @asgvisalaw.bsky.social · 22/09/2026
No, we shouldn't expect a BIA precedent forged that has held for over 80 years to stand. Why do you ask?
282
Sam Nelson @immlaw.bsky.social · 22/09/2026
So the plan is for the Washington Arch to be a giant Flock camera with guns? Am I reading that right?
000
Reposted by Sam Nelson
Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 21/09/2026
Stay tuned for more on this from mainstream reporting hopefully later today, but Bob's got the gist of it; last week, it appears that ICE began disappearing people from the Online Detainee Locator System the moment they get a final order of removal. Yes, this is as deeply screwed up as it sounds.
201142435
Sam Nelson @immlaw.bsky.social · 17/09/2026
Saw this in a recent BIA decision. DHS appealing a positive credibility finding -- on a trivial set of inconsistencies -- and winning a remand.
100
Sam Nelson @immlaw.bsky.social · 17/09/2026
Thanks @immlawachall.bsky.social for this. Quite a remarkable screed. Here's a Google Doc version, for easier reading. docs.google.com/document/d/1...
docs.google.com
DHS_General_Counsel_Letter_to_AILA.docx
Office of the General Counsel U.S. Department of Homeland Security Washington, DC 20528 September 15, 2026 Dear American Immigration Lawyers Association: Our immigration court system suffers from a ma...
040
Sam Nelson @immlaw.bsky.social · 17/09/2026
Obviously, what happened while he was a police officer provides evidence of danger after he resigns. The existing “perverse” “absurd” “illogical” precedent “makes no sense”, and courts should be allowed to consider all the evidence. samsramblingss.substack.com/p/absurd-ill...
samsramblingss.substack.com
Absurd, illogical, perverse, makes no sense
Ninth Circuit panel precluded from considering threats to a police officer
000
Sam Nelson @immlaw.bsky.social · 16/09/2026
Phenomenal and (alas) timely resource from J.D. Marks. www.jasonmarksadvocacy.com/resources/pr...
jasonmarksadvocacy.com
Preparing Unaccompanied Child Asylum Cases | Jason D. Marks — Jason Marks
A free adjudication-focused practitioner guide for developing, filing, and preparing unaccompanied-child asylum cases through the full adjudicative process.
000
Sam Nelson @immlaw.bsky.social · 10/09/2026
Tazo accidentally said he was born in Bamenda, Cameroon. He was technically born in a suburb of the city. It's like being born in Larchmont and saying you're a "New Yorker". It was enough to doom his asylum claim. samsramblingss.substack.com/p/suburban-t...
samsramblingss.substack.com
Suburban tragedy
A trivial inconsistency at a border interview means a doomed asylum claim
000
Reposted by Sam Nelson
Ximena Bustillo @ximenabustillo.bsky.social · 04/09/2026
SCOOP: Immigrants are being rapidly reassigned to in-person immigration court hearings at buildings that are not immigration courts + with minimal notice. The pop-up courts come as EOIR is looking to rapidly acquire space throughout the country. www.npr.org/2026/09/04/g...
npr.org
'Hidden tribunals:' Immigration court due process in tumult with new locations
The new effort appears to be another tactic in a broader Trump administration strategy to short-circuit immigrants' already limited due process options in order to speed deportations.
03734
Sam Nelson @immlaw.bsky.social · 03/09/2026
Fourth Circuit just ruled on the preliminary injunction re. the administration's policy of immigration enforcement in sensitive locations (e.g. churches). Held that the plaintiffs probably had standing and were likely to win on the merits, so it affirmed the preliminary injunction.
100
Sam Nelson @immlaw.bsky.social · 03/09/2026
Imagine a family constantly surrounded by a crew of bodyguards. Most observers might think this shows that they are in danger. But the BIA cites the very bodyguards as evidence that they are safe. samsramblingss.substack.com/p/with-all-t...
samsramblingss.substack.com
With all these big strong men to protect you
Ability to hire private security undermines “objectively reasonable” fear of future persecution
120
Sam Nelson @immlaw.bsky.social · 03/09/2026
Another great article from @asylumist.bsky.social -- Jason breaks down the DoS plan to revoke visitor visas for asylum applicants. asylumist.com/2026/09/02/t...
asylumist.com
The Unjust Justification for Revoking Asylum Seekers' Visas - The Asylumist
The U.S. Department of State (DOS) plans to revoke up to 200,000 visitor visas for people who came to the United States and then applied for asylum. The move is largely symbolic, since the whole point...
000
Reposted by Sam Nelson
Yael Schacher @yaelschacher.bsky.social · 27/08/2026
I am just realizing right now how this perverse decision allows for upending of our protection system and fuels third country deportations. LORD. www.justice.gov/eoir/media/1...
justice.gov
071
Sam Nelson @immlaw.bsky.social · 27/08/2026
A Chaldean Christian man threatened with deportation to Iraq: "Christianity in Iraq, one of the oldest Churches, if not the oldest Church in the world, is perilously close to extinction. Those of us who remain must be ready to face martyrdom." samsramblingss.substack.com/p/hes-no-sai...
samsramblingss.substack.com
He’s no saint. Should he be a martyr?
Appealing denial of reopening for CAT protection based on changed conditions
000
Sam Nelson @immlaw.bsky.social · 26/08/2026
Great post from Beyond the Border -- a deep dive into the case of a Russian anti-war asylum seeker. beyondthebordernews.substack.com/p/she-fled-r...
beyondthebordernews.substack.com
She Fled Russia for Freedom in the U.S. Ten Years Later, She's Still Waiting.
Persecuted in her homeland, a mother asked for protection but ran into a perfect storm of policy changes instead.
000
Sam Nelson @immlaw.bsky.social · 24/08/2026
The marvelous Brandon Marrow from bklg has posted the latest mega master data breakdown: bklg.org/blog/mega-ma...
bklg.org
In July, Mega Master Hearings and Absentia Removal Orders Continued at a Rapid Pace - bklg blog
July sees a similar number of noncitizens ordered removed in absentia.
000
Sam Nelson @immlaw.bsky.social · 22/08/2026
If Trump claims the Canada, Greenland, the Strait of Hormuz, and parts of Oman as U.S. territory, does that mean that anybody born there is entitled to U.S. citizenship?
041
Reposted by Sam Nelson
Dara Lind @daralind.bsky.social · 21/08/2026
New from me at @documentedny.bsky.social : We’re getting into the nitty-gritty of work permits to explain why USCIS’ notices to employers matter so much — and why they could be playing sketchy games with them. documentedny.com/2026/08/21/e...
documentedny.com
Is USCIS Sending Warnings About Work Permit Expiration – Or Just Empty Threats?
The recent Supreme Court ruling put employers on edge about TPS holders’ work permits. But the situation is more complicated than it seems.
01610
Sam Nelson @immlaw.bsky.social · 21/08/2026
Phenomenal post from J.D. Marks. An appellate win by an Afghan asylum seeker — a credibility finding so egregious that a Fifth Circuit panel, even with two Trump-appointed judges, even under deferential “substantial evidence” review, still had to remand. marksjasond.substack.com/p/when-the-b...
marksjasond.substack.com
When the Betrayal Reaches the Courthouse
He spent decades protecting the government America helped build. An immigration judge ordered him back to the Taliban.
031
Sam Nelson @immlaw.bsky.social · 20/08/2026
Oldham (Fifth Circuit) doesn't seem to be a fan of the categorical approach. What's he signaling with "unfortunately"? "So even though all agree that Ademola himself committed fraud, that is unfortunately 'beside the point.'" ADEMOLA v. Blanche, Court of Appeals, 5th Circuit 2026
110
Sam Nelson @immlaw.bsky.social · 20/08/2026
... This was pretty weird. He’d only been married to Alice for a short time and she’d never gotten around to sponsoring him for anything. Where was the fraud? samsramblingss.substack.com/p/marriage-f...
samsramblingss.substack.com
Marriage fraud without the fraud
Intent alone is enough to trigger the permanent marriage fraud bar
041
Sam Nelson @immlaw.bsky.social · 15/08/2026
Hard to overstate how devastating Matter of A-K-R- is. No more routine masters: if 10 days have passed since the NTA, then the migrant can be required to proceed pro se at their very first appearance.
100
Sam Nelson @immlaw.bsky.social · 15/08/2026
I'm just now reading Matter of A-K-R-, and even before I get to the bad stuff, saw this: FOR THE RESPONDENT: Pro se Kind of the point, right?
110
Sam Nelson @immlaw.bsky.social · 13/08/2026
Interesting opinion in MULAMA v. Blanche, 6th Circuit 2026. Claims recent changes in the immigration court system render it unconstitutionally biased against immigrants. Raises a due process claim asking for his petition to be heard in an Article III court. Court ducks the issue (not exhausted).
010
Sam Nelson @immlaw.bsky.social · 13/08/2026
If she returns to Honduras, she’ll be able to stay with her mother. But their lives will be in danger. If she stays, she can probably become an American. But she’ll have to do it alone. It’s a choice no mother and child should have to make. samsramblingss.substack.com/p/the-mother...
samsramblingss.substack.com
The mother and child separation
Daughter wins SIJS and can remain. Mom loses asylum and is deported
000
Sam Nelson @immlaw.bsky.social · 07/08/2026
Just happened across Fuentes v. USCIS, (4th Cir. July 24, 2026). Somebody took a shot challenging the ban on SIJS recipients sponsoring a parent. No luck. The statutory language ain't really ambiguous, and the policy, though discriminatory, passes the “rational basis” sniff test. Still … nice try.
041
Sam Nelson @immlaw.bsky.social · 06/08/2026
Because of the travel ban, a Black DNA technician -- an essential witness for the prosecution -- may not be able to testify against an American serial rapist. samsramblingss.substack.com/p/the-worst-...
samsramblingss.substack.com
The worst of the worst
Travel ban prevents a key witness from testifying against an accused serial rapist
000
Sam Nelson @immlaw.bsky.social · 31/07/2026
Each case involves a potentially strong asylum claim. Each was denied because the judges used minor, easily-explained inconsistencies to find the petitioners not credible. samsramblingss.substack.com/p/one-hand-w...
samsramblingss.substack.com
One hand washes the other
Appellate courts go beyond deference to rhetorically buttress IJ's adverse credibility findings
010
Sam Nelson @immlaw.bsky.social · 26/07/2026
Great post from The Asylumist on third-country deportations. "The U.S. is ignoring our own human rights obligations and bribing or intimidating countries into accepting third-country nationals with little assurance that those people will be treated humanely." asylumist.com/2026/07/15/t...
asylumist.com
The Escalating Threat of Third Country Deportations
The Trump Administration has dramatically increased the practice of deporting non-citizens to third countries. As of May 2026, more than 21,000 people have been removed to at least 24 different cou…
021
Sam Nelson @immlaw.bsky.social · 23/07/2026
His attention was drawn to a cooler, tantalizingly connected by wires and tubes to what appeared to be a truck-run generator. He may also have heard a steady “lub-dub, lub-dub” coming from inside. His curiosity piqued, he opened the cooler. samsramblingss.substack.com/p/the-beatin...
samsramblingss.substack.com
The beating of his hideous heart
A rippin' good yarn is spoiled by an adverse credibility determination
000
Sam Nelson @immlaw.bsky.social · 22/07/2026
Excellent report from the fine folks at bklg on mega masters and in-absentia orders. “Absentia removal orders correspondingly skyrocketed to a record high, with June seeing 53,808 absentia removal orders, a huge 55% increase over May’s 34,725 (itself already a record)” bklg.org/blog/mega-ma...
bklg.org
In June, Mega Master Hearings Spread Nationwide and Absentia Removal Orders Shot to Unprecedented Levels - bklg blog
The immigration court continues to break records for those removed in absentia as June sees a 55% increase from May
000
Sam Nelson @immlaw.bsky.social · 16/07/2026
Hao and Xiaoyu lied on their visa application. They were “falsus in uno”. That was enough for the judge to find them falsus in omnibus. What do you think? samsramblingss.substack.com/p/mainly-he-...
samsramblingss.substack.com
Mainly, he told the truth.
Apparent visa prevarication taints asylum testimony
000
Sam Nelson @immlaw.bsky.social · 09/07/2026
Unfortunate relationships: if your father-in-law is a national figure, is his arrest a change in "personal circumstances" or "country conditions"? Featuring El Crook de Holywood. samsramblingss.substack.com/p/the-in-laws
samsramblingss.substack.com
The In-Laws
What happens when "personal circumstances" are also "country conditions"?
000
Sam Nelson @immlaw.bsky.social · 08/07/2026
Tomorrow on Immigration Law Explained: "El Crook de Hollywood" helps demonstrate when "changed personal circumstances" become "changed country conditions".
000
Sam Nelson @immlaw.bsky.social · 06/07/2026
Loved this. Most of my own writing is about the circuit courts; amazing to hear what a practitioner’s experience is actually like. jessicadm.substack.com/p/checks-and...
jessicadm.substack.com
Checks and balances, maybe
View from the 27th floor
000
Sam Nelson @immlaw.bsky.social · 04/07/2026
Great post on "exceptional circumstances" and the asylum filing deadline, a topic near and dear to my heart. "The Bar to Be Heard is Higher Than the Bar to Win" marksjasond.substack.com/p/the-deadli...
marksjasond.substack.com
The Deadline That Was Never Supposed to Catch Them
There is an obscure rule that decides whether a person can pursue asylum in the United States. I spent years applying it. A new plan would turn it into a wall.
030
Sam Nelson @immlaw.bsky.social · 03/07/2026
Terrible story but an amazing post from a practicing immigration lawyer. “In a world where judges and attorneys make the choice to put their jobs before their humanity, it is important to continue to work to fight against them.” jennifervega2024.substack.com/p/we-were-so...
jennifervega2024.substack.com
We Were So Sure
There's no such thing as an easy case
030
Sam Nelson @immlaw.bsky.social · 02/07/2026
We don't get a lot of wins. Let's celebrate this one. Bonus feature: a dispatch to the land of Wackadoo. samsramblingss.substack.com/p/if-you-giv...
samsramblingss.substack.com
If you give a migrant a cookie
Evidence compels the conclusion that fear of future persecution is objectively reasonable.
000
Sam Nelson @immlaw.bsky.social · 01/07/2026
Tomorrow on "immigration law explained": a big win on future persecution. Wackadoo. And free cookies.
100
Sam Nelson @immlaw.bsky.social · 25/06/2026
Hot take from a correspondent: Under Chevron, courts decided that all the statutes were ambiguous so that they could defer to the agency's interpretation. Now that Chevron is gone, they decide that everything's unambiguous so that they don't have to bother with congressional intent.
010
Sam Nelson @immlaw.bsky.social · 25/06/2026
Congress wanted this law to apply only to felonies. Since the text can be read in two ways, we should interpret it as Congress intended. samsramblingss.substack.com/p/how-many-m...
samsramblingss.substack.com
How many months in a year?
Fourth Circuit ignores congressional intent and holds that a twelve-month misdemeanor sentence is "one year or longer"
010
Sam Nelson @immlaw.bsky.social · 19/06/2026
Great post from Beyond Borders -- eye-opening overview with useful practice tips. substack.com/home/post/p-...
substack.com
AI and Immigration: USCIS and the Invisible Reviewer
This is the second in a five-part series examining the intersection of artificial intelligence and immigration policy.
120