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Sam Nelson

@immlaw.bsky.social

Author of "Immigration Law Explained" https://samsramblingss.substack.com/

83 Followers  |  233 Following  |  317 Posts  |  Joined: 21.02.2025  |  1.5393

Latest posts by immlaw.bsky.social on Bluesky

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What's the magic word? "Prison mailbox rule" is enforced to the letter against a pro se petitioner

A more recent decision about the prison mailbox rule, also Fifth Circuit. This guy REALLY tried to comply...

samsramblingss.substack.com/p/whats-the-...

13.02.2026 17:26 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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What's the magic word? "Prison mailbox rule" is enforced to the letter against a pro se petitioner

Immigration appeal denied because the petitioner didn't say the magic words.

samsramblingss.substack.com/p/whats-the-...

13.02.2026 11:51 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Law is weird Primary victim isn't eligible but secondary victim is

"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

06.02.2026 10:37 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

... 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.

31.01.2026 11:44 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

"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.”

31.01.2026 11:44 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Seeing an absolute FLOOD of habeas wins in the district courts. Never get tired of reading this:

β€œRespondents must immediately RELEASE Petitioner from custody immediately, and may not re-detain Petitioner without notice and an opportunity to be heard."

31.01.2026 11:44 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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A judicial lynching Fifth circuit bends the law to deny asylum

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...

29.01.2026 14:36 β€” πŸ‘ 0    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0
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A judicial lynching Fifth circuit bends the law to deny asylum

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...

29.01.2026 14:34 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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A judicial lynching Fifth circuit bends the law to deny asylum

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...

29.01.2026 14:16 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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A bedlam of women Three-person panel has three opinions on nexus in gender-based asylum

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...

28.01.2026 14:16 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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A bedlam of women Three-person panel has three opinions on nexus in gender-based asylum

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...

28.01.2026 14:14 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Wow, it's as cold outside as an inappropriate simile.

25.01.2026 12:59 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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And to think that it happened on Witchita St. "Neither snow nor rain nor heat nor gloom of night"

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...

22.01.2026 15:24 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Greater and lesser habits of a highly effective person Confidential informants aren't members of a socially distinct PSG

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...

15.01.2026 14:12 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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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.

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-...

14.01.2026 18:14 β€” πŸ‘ 1    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0

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"

11.01.2026 14:44 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

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"

11.01.2026 14:44 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

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:

11.01.2026 14:43 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

"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"

11.01.2026 14:11 β€” πŸ‘ 5    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Seeds planted in 2018 Seven years ago today, I was transformed by this job.

Amazing story from an immigration attorney defending a DV survivor.

unfunnylawyer.substack.com/p/seeds-plan...

10.01.2026 23:36 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Un-persons Dissent argues that immigrants lack fifth amendment rights

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

10.01.2026 15:39 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Where do terrorists drink? De minimis and duress exceptions to the terrorism bar

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...

10.01.2026 15:34 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Where do terrorists drink? De minimis and duress exceptions to the terrorism bar

Good decision on "material support for terrorism":

samsramblingss.substack.com/p/where-do-t...

10.01.2026 13:01 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

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.

09.01.2026 13:17 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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The Saga of Suazo Tenth Circuit rebukes the BIA and grants asylum

After ten years of litigation, the Circuit Court rebuffs the BIA and grants asylum.

samsramblingss.substack.com/p/the-saga-o...

08.01.2026 12:17 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Post image

ICE is furious because the Hilton cancelled their reservation because of ICE’s immigration enforcement activities.

05.01.2026 19:20 β€” πŸ‘ 1960    πŸ” 467    πŸ’¬ 172    πŸ“Œ 180

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."

05.01.2026 20:51 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Listening to Venezuelans After The Abduction of Maduro Some Venezuelans are very happy that President Trump ordered the abduction of President NicolΓ‘s Maduro.

The first genuinely nuanced view of the Venezuela strikes that I've found:

behindtheborder.substack.com/p/listening-...

05.01.2026 12:52 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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A bedlam of women Three-person panel has three opinions on nexus in gender-based asylum

To see how women's issues are *really* understood by immigration courts, check out the post below (free link).

In which one judge literally reminds another that "no means no".

(U.S. law, but the same thing probably happens in Britain).

samsramblingss.substack.com/p/a-bedlam-o...

02.01.2026 14:22 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Justice delayed For cancellation, age of qualifying children fixed at time of IJ's decision

Congratulations to Shanta Drive for her big win at the Sixth Circuit!

samsramblingss.substack.com/p/justice-de...

01.01.2026 13:40 β€” πŸ‘ 2    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

@immlaw is following 20 prominent accounts