Sam Nelson
immlaw.bsky.social
Sam Nelson
@immlaw.bsky.social
Author of "Immigration Law Explained" https://samsramblingss.substack.com/
... But keep in mind that ever successful habeas petition means that somebody was illegally arrested, torn from their family, and held unconstitutionally, often in horrifying conditions, and often for many months.
January 31, 2026 at 11:44 AM
"Within FORTY-EIGHT (48) hours of this order, respondents must provide the Court with a declaration confirming that Petitioner has been released from custody and informing the Court of the date and time of his release.”
January 31, 2026 at 11:44 AM
Even when asylum is technically an option -- the courts don't always follow the law. Here's an example of a court using every trick in the book to deny a claim from a Venezuelan man who spent his life resisting Maduro.

samsramblingss.substack.com/p/a-judicial...
A judicial lynching
Fifth circuit bends the law to deny asylum
samsramblingss.substack.com
January 29, 2026 at 2:36 PM
I write a lot about what actually happens in the courts when families try to "follow the rules". Here's a dep dive into how one court bent the law to deny a legitimate asylum claim for a Venezuelan who dedicated his life to resisting Maduro:

samsramblingss.substack.com/p/a-judicial...
A judicial lynching
Fifth circuit bends the law to deny asylum
samsramblingss.substack.com
January 29, 2026 at 2:34 PM
Wanted to share this -- an exploration of how gender-based asylum is actually heard by the courts (in which two Circuit Court judges literally remind their colleague that "no means no".)

samsramblingss.substack.com/p/a-bedlam-o...
A bedlam of women
Three-person panel has three opinions on nexus in gender-based asylum
samsramblingss.substack.com
January 28, 2026 at 2:16 PM
Wanted to share this -- a writeup of a recent decision on gender-based asylum (in which two Circuit Court judges have to remind their colleague that "no means no".

samsramblingss.substack.com/p/a-bedlam-o...
A bedlam of women
Three-person panel has three opinions on nexus in gender-based asylum
samsramblingss.substack.com
January 28, 2026 at 2:14 PM
3/3: Top answers from boys:
#1: Technology
#2: Police
#3: Military
#4: Health care
#5: Immigration lawyer
#6: Construction
Other answers include "sound engineer with my own orchestra", "inventor", and "soccer player"
January 11, 2026 at 2:44 PM
2/3: Top answers from girls
#1: Police
#2: Health care
#3: Teacher
#4: Military
#5: Immigration lawyer
#6: Beautician
Other answers include "firefighter", "paleontologist", and "dentist"
January 11, 2026 at 2:44 PM
"Here's the savvy on how and why China should acquire Hawaii".

"Here's how Cuba should acquire Guantanamo"

"Here's how Canada should acquire Alaska"
January 11, 2026 at 2:11 PM
Here's what Paul Matey -- Third Circuit, and a nasty piece of work -- has to say about Fifth and First Amendment rights for non-citizens. (Free link)

samsramblingss.substack.com/p/un-persons
Un-persons
Dissent argues that immigrants lack fifth amendment rights
samsramblingss.substack.com
January 10, 2026 at 3:39 PM
At least a bit of good news on this, the Fourth Circuit found that there are duress and "de minimis" exceptions to the "material support for terrorism bar".

Ozurumba, enslaved and forced to cook for terrorists, isn't barred from asylum. Free link.

samsramblingss.substack.com/p/where-do-t...
Where do terrorists drink?
De minimis and duress exceptions to the terrorism bar
samsramblingss.substack.com
January 10, 2026 at 3:34 PM
Good decision on "material support for terrorism":

samsramblingss.substack.com/p/where-do-t...
Where do terrorists drink?
De minimis and duress exceptions to the terrorism bar
samsramblingss.substack.com
January 10, 2026 at 1:01 PM
In the words of the Court: "No immigrant should have to live over ten years with the uncertainty as to whether she can stay in this country or not."

Hear hear.
January 9, 2026 at 1:18 PM
My top nominee for worst translation: an affidavit which said that they had been persecuted because of their "piel morena", but the translator read "f" for "p".

Should have been "I was persecuted because of my brown skin".

But what was filed was "I was persecuted for being a faithful brunette."
January 5, 2026 at 8:51 PM