Supreme Court addresses question of foreign law in US courts

Legal Compliance

The Supreme Court says United States federal courts should consider statements from foreign governments about their own laws but do not have to consider them as binding.

Justice Ruth Bader Ginsburg wrote for a unanimous court that federal courts should give "respectful consideration" to what foreign governments say. But she wrote that federal courts don't have to treat what they say as conclusive.

Ginsburg said the appropriate weight given to a government's statement in each case will depend on the circumstances, including the clarity, thoroughness and support for what a government says.

The Thursday ruling came in a case that involves two U.S.-based purchasers of vitamin C, one in Texas and the other in New Jersey, and vitamin C exporters in China.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.