Sam Nelson
@immlaw.bsky.social
Author of "Immigration Law Explained" https://samsramblingss.substack.com/
Pinned
Law is weird
Primary victim isn't eligible but secondary victim is
samsramblingss.substack.com
"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
Sometimes the law is weird.
samsramblingss.substack.com/p/law-is-weird
"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
Sometimes the law is weird.
samsramblingss.substack.com/p/law-is-weird
Law is weird
Primary victim isn't eligible but secondary victim is
samsramblingss.substack.com
February 6, 2026 at 10:37 AM
"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
Sometimes the law is weird.
samsramblingss.substack.com/p/law-is-weird
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."
“Respondents must immediately RELEASE Petitioner from custody immediately, and may not re-detain Petitioner without notice and an opportunity to be heard."
January 31, 2026 at 11:44 AM
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."
“Respondents must immediately RELEASE Petitioner from custody immediately, and may not re-detain Petitioner without notice and an opportunity to be heard."
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...
samsramblingss.substack.com/p/a-judicial...
A judicial lynching
Fifth circuit bends the law to deny asylum
samsramblingss.substack.com
January 29, 2026 at 2:16 PM
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...
samsramblingss.substack.com/p/a-judicial...
Wow, it's as cold outside as an inappropriate simile.
January 25, 2026 at 12:59 PM
Wow, it's as cold outside as an inappropriate simile.
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...
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...
And to think that it happened on Witchita St.
"Neither snow nor rain nor heat nor gloom of night"
samsramblingss.substack.com
January 22, 2026 at 3:24 PM
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...
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...
In the U.S., informing on a gang would have been brave. In El Salvador, it was nothing short of heroic.
Ms. Gonzalez defied the gang. She trusted the police, they betrayed her. Her family paid a terrible price.
samsramblingss.substack.com/p/greater-an...
Ms. Gonzalez defied the gang. She trusted the police, they betrayed her. Her family paid a terrible price.
samsramblingss.substack.com/p/greater-an...
Greater and lesser habits of a highly effective person
Confidential informants aren't members of a socially distinct PSG
samsramblingss.substack.com
January 15, 2026 at 2:12 PM
In the U.S., informing on a gang would have been brave. In El Salvador, it was nothing short of heroic.
Ms. Gonzalez defied the gang. She trusted the police, they betrayed her. Her family paid a terrible price.
samsramblingss.substack.com/p/greater-an...
Ms. Gonzalez defied the gang. She trusted the police, they betrayed her. Her family paid a terrible price.
samsramblingss.substack.com/p/greater-an...
Lots of organizations have been putting together KYR resources. Austin Kocher pulled them together into a single curated list.
austinkocher.substack.com/p/know-your-...
austinkocher.substack.com/p/know-your-...
Know Your Rights Resources for ICE and Border Patrol Encounters (2026 Update)
A comprehensive resource library of KYR information for immigration enforcement encounters at home, work, school, healthcare facilities, and public spaces. Updated for 2026.
austinkocher.substack.com
January 14, 2026 at 6:14 PM
Lots of organizations have been putting together KYR resources. Austin Kocher pulled them together into a single curated list.
austinkocher.substack.com/p/know-your-...
austinkocher.substack.com/p/know-your-...
1/3: The last few years, I've worked on a lot of SIJS petitions. When I'm helping to draft the affidavit, I always ask the kid what they want to do when they grow up. It's become an unofficial, unscientific, and subjective poll. The results:
January 11, 2026 at 2:43 PM
1/3: The last few years, I've worked on a lot of SIJS petitions. When I'm helping to draft the affidavit, I always ask the kid what they want to do when they grow up. It's become an unofficial, unscientific, and subjective poll. The results:
Amazing story from an immigration attorney defending a DV survivor.
unfunnylawyer.substack.com/p/seeds-plan...
unfunnylawyer.substack.com/p/seeds-plan...
Seeds planted in 2018
Seven years ago today, I was transformed by this job.
unfunnylawyer.substack.com
January 10, 2026 at 11:36 PM
Amazing story from an immigration attorney defending a DV survivor.
unfunnylawyer.substack.com/p/seeds-plan...
unfunnylawyer.substack.com/p/seeds-plan...
After ten years of litigation, the Circuit Court rebuffs the BIA and grants asylum.
samsramblingss.substack.com/p/the-saga-o...
samsramblingss.substack.com/p/the-saga-o...
The Saga of Suazo
Tenth Circuit rebukes the BIA and grants asylum
samsramblingss.substack.com
January 8, 2026 at 12:17 PM
After ten years of litigation, the Circuit Court rebuffs the BIA and grants asylum.
samsramblingss.substack.com/p/the-saga-o...
samsramblingss.substack.com/p/the-saga-o...
Reposted by Sam Nelson
ICE is furious because the Hilton cancelled their reservation because of ICE’s immigration enforcement activities.
January 5, 2026 at 7:20 PM
ICE is furious because the Hilton cancelled their reservation because of ICE’s immigration enforcement activities.
The first genuinely nuanced view of the Venezuela strikes that I've found:
behindtheborder.substack.com/p/listening-...
behindtheborder.substack.com/p/listening-...
Listening to Venezuelans After The Abduction of Maduro
Some Venezuelans are very happy that President Trump ordered the abduction of President Nicolás Maduro.
behindtheborder.substack.com
January 5, 2026 at 12:52 PM
The first genuinely nuanced view of the Venezuela strikes that I've found:
behindtheborder.substack.com/p/listening-...
behindtheborder.substack.com/p/listening-...
A big win on "cancellation of removal", with commentary from Shanta Driver of the United for Equality and Affirmative Action Legal Defense Fund (UEAALDF).
samsramblingss.substack.com/p/justice-de...
samsramblingss.substack.com/p/justice-de...
Justice delayed
For cancellation, age of qualifying children fixed at time of IJ's decision
samsramblingss.substack.com
January 1, 2026 at 1:37 PM
A big win on "cancellation of removal", with commentary from Shanta Driver of the United for Equality and Affirmative Action Legal Defense Fund (UEAALDF).
samsramblingss.substack.com/p/justice-de...
samsramblingss.substack.com/p/justice-de...
Reposted by Sam Nelson
A client was released and will sleep in his own bed tonight. Everything Is Terrible etc but I am grateful for the great writ of Habeas Corpus and federal judges who apply the law and smart lawyers I can rely on and learn from. May the coming year be better than 2025.
Have a peaceful one, y’all.
Have a peaceful one, y’all.
December 31, 2025 at 8:50 PM
A client was released and will sleep in his own bed tonight. Everything Is Terrible etc but I am grateful for the great writ of Habeas Corpus and federal judges who apply the law and smart lawyers I can rely on and learn from. May the coming year be better than 2025.
Have a peaceful one, y’all.
Have a peaceful one, y’all.
Snowy hike up Mt. Abe this morning.
December 26, 2025 at 9:31 PM
Snowy hike up Mt. Abe this morning.
Your kid invites an undocumented friend over for a sleepover. Are you guilty of "alien harboring"?
Legal guidance for churches, nonprofits, individuals, and anybody else who interacts with or provides services to an immigrant community.
samsramblingss.substack.com/p/harboring-...
Legal guidance for churches, nonprofits, individuals, and anybody else who interacts with or provides services to an immigrant community.
samsramblingss.substack.com/p/harboring-...
Harboring in Cahokia
Seventh circuit clarifies the definition of "harboring"
samsramblingss.substack.com
December 25, 2025 at 1:05 PM
Your kid invites an undocumented friend over for a sleepover. Are you guilty of "alien harboring"?
Legal guidance for churches, nonprofits, individuals, and anybody else who interacts with or provides services to an immigrant community.
samsramblingss.substack.com/p/harboring-...
Legal guidance for churches, nonprofits, individuals, and anybody else who interacts with or provides services to an immigrant community.
samsramblingss.substack.com/p/harboring-...
Merry Christmas.
The court concludes that his continued detention offends due process. Accordingly, the court grants the petition, and orders the respondents to provide him with a constitutionally adequate bond hearing in Immigration Court as soon as possible.
scholar.google.com/scholar_case...
The court concludes that his continued detention offends due process. Accordingly, the court grants the petition, and orders the respondents to provide him with a constitutionally adequate bond hearing in Immigration Court as soon as possible.
scholar.google.com/scholar_case...
scholar.google.com
December 25, 2025 at 11:36 AM
Merry Christmas.
The court concludes that his continued detention offends due process. Accordingly, the court grants the petition, and orders the respondents to provide him with a constitutionally adequate bond hearing in Immigration Court as soon as possible.
scholar.google.com/scholar_case...
The court concludes that his continued detention offends due process. Accordingly, the court grants the petition, and orders the respondents to provide him with a constitutionally adequate bond hearing in Immigration Court as soon as possible.
scholar.google.com/scholar_case...
Reposted by Sam Nelson
DetentionReports.com has been updated. Detention trends for a total of 233 facilities can be found on the website.
Of those, the 216 facilities that ICE identified on the most recent list have data updated through December 11.
Of those, the 216 facilities that ICE identified on the most recent list have data updated through December 11.
December 24, 2025 at 3:50 PM
DetentionReports.com has been updated. Detention trends for a total of 233 facilities can be found on the website.
Of those, the 216 facilities that ICE identified on the most recent list have data updated through December 11.
Of those, the 216 facilities that ICE identified on the most recent list have data updated through December 11.
Reposted by Sam Nelson
Warrant needed to enter defendant's room at transitional homeless center to arrest him, NY trial court rules. It's not a traditional home, but Payton still applies, so physical fruits of search suppressed. www.nycourts.gov/reporter/3ds...
December 24, 2025 at 7:14 AM
Warrant needed to enter defendant's room at transitional homeless center to arrest him, NY trial court rules. It's not a traditional home, but Payton still applies, so physical fruits of search suppressed. www.nycourts.gov/reporter/3ds...
Coming tomorrow -- "Harboring in Cahokia", an exploration of the harboring law, with guidance for churches and nonprofits which serve undocumented communities.
Subscribe for free and get a post every week.
samsramblingss.substack.com
Subscribe for free and get a post every week.
samsramblingss.substack.com
Immigration Law Explained | Sam Nelson | Substack
Real-world explanations of recent Circuit Court decisions on immigration law. Click to read Immigration Law Explained, by Sam Nelson, a Substack publication. Launched 6 months ago.
samsramblingss.substack.com
December 24, 2025 at 1:41 PM
Coming tomorrow -- "Harboring in Cahokia", an exploration of the harboring law, with guidance for churches and nonprofits which serve undocumented communities.
Subscribe for free and get a post every week.
samsramblingss.substack.com
Subscribe for free and get a post every week.
samsramblingss.substack.com
Reposted by Sam Nelson
I've been reporting on the criminal justice system for over a decade and have lived in an authoritarian country overseas, but I've never seen anything like the police presence in ICE-occupied Memphis. Here's my dispatch: www.motherjones.com/politics/202...
I'm a veteran criminal justice reporter. I've never seen anything like ICE-occupied Memphis.
“It’s about as sad as you can possibly imagine."
www.motherjones.com
December 16, 2025 at 6:40 PM
I've been reporting on the criminal justice system for over a decade and have lived in an authoritarian country overseas, but I've never seen anything like the police presence in ICE-occupied Memphis. Here's my dispatch: www.motherjones.com/politics/202...
Reposted by Sam Nelson
Vera’s ICE Detention Trends dashboard offers additional insight into the vast immigration detention network. Without data transparency, ICE’s operations—and their harms—will continue behind closed doors. Explore the tool:
ICE Detention Trends | Vera Institute of Justice
www.vera.org
December 22, 2025 at 4:04 PM
Vera’s ICE Detention Trends dashboard offers additional insight into the vast immigration detention network. Without data transparency, ICE’s operations—and their harms—will continue behind closed doors. Explore the tool:
Great piece from the Times on the recent crackdown on Sikh long-haul truckers in the United States (gift link)
www.nytimes.com/2025/12/21/b...
www.nytimes.com/2025/12/21/b...
Long-Haul Trucking Was a Refuge for Sikh Immigrants. Until Now.
www.nytimes.com
December 22, 2025 at 11:25 AM
Great piece from the Times on the recent crackdown on Sikh long-haul truckers in the United States (gift link)
www.nytimes.com/2025/12/21/b...
www.nytimes.com/2025/12/21/b...
December 22, 2025 at 11:22 AM
Loving these habeas petitions. Wish they weren't necessary.
The Court GRANTS the Petition. Respondents shall release Petitioner immediately, and shall not re-detain Petitioner without first providing a pre-deprivation hearing before a neutral decisionmaker.
scholar.google.com/scholar_case...
The Court GRANTS the Petition. Respondents shall release Petitioner immediately, and shall not re-detain Petitioner without first providing a pre-deprivation hearing before a neutral decisionmaker.
scholar.google.com/scholar_case...
scholar.google.com
December 21, 2025 at 8:03 PM
Loving these habeas petitions. Wish they weren't necessary.
The Court GRANTS the Petition. Respondents shall release Petitioner immediately, and shall not re-detain Petitioner without first providing a pre-deprivation hearing before a neutral decisionmaker.
scholar.google.com/scholar_case...
The Court GRANTS the Petition. Respondents shall release Petitioner immediately, and shall not re-detain Petitioner without first providing a pre-deprivation hearing before a neutral decisionmaker.
scholar.google.com/scholar_case...