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Matthew Kolken on Deportation And Removal

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  1. Attorney General Vacates Matter of Silva-Trevino

    by , 04-14-2015 at 08:03 AM (Matthew Kolken on Deportation And Removal)
    Attorney General Eric Holder has vacated Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), which previously set forth the framework for determining if a criminal offense constitutes a crime involving moral turpitude forming a basis of inadmissibility, and which approach has been rejected by five circuit courts.

    Click here to read the decision: Matter of Silva-Trevino, A013-014-303 (A.G. April 10, 2015).
  2. Another Obama Deportation Priority Brought to Justice for Overstaying His Visa

    by , 03-24-2015 at 11:25 AM (Matthew Kolken on Deportation And Removal)


    From BuffaloNews.com:

    Tali Lopez wants a happy ending to her “fairy tale” story.

    But six months after marrying an old friend and settling in her native Buffalo, Lopez is fighting for her new husband.

    Omar Lopez, a citizen of Spain visiting here on a visa waiver, was arrested after a traffic stop last month and has been held at the Federal Detention Center in Batavia ever since.

    Lopez is battling her husband’s deportation – he could be forced to leave at any time – and plans to host a public rally at 10 a.m. Tuesday in Niagara Square to solicit support for him.

    Friends and family say Lopez’s deportation is an overreaction to a relatively minor infraction. He overstayed his visa waiver by several months.

    Even worse, they say, the government’s prosecution is tearing apart a family with deep roots in Buffalo. The family includes his infant stepdaughter, Mila, whom he plans to adopt, and dozens of relatives.

    Buffalo ICE’s field office director Michael T. Phillips made the decision to deport Mr. Lopez rather than allowing him to apply for his Green Card. ICE's official response: "As a visa overstay, his case is a priority under the agency’s current enforcement strategy, which focuses on individuals who have abused the visa or visa waiver programs. ” ICE spokesman Khaalid Walls.

    Felons not families and all.
  3. Attorneys call for Closure of Family Deportation Jail

    by , 03-24-2015 at 10:43 AM (Matthew Kolken on Deportation And Removal)
    From SunHerald.com:

    A group of immigration attorneys and advocates representing mothers and children being held at a family immigration detention center in Pennsylvania have requested the state attorney general close the facility.

    The Berks County Residential Center is unlawfully imprisoning children under Pennsylvania law, according to Attorney Matthew Archambeault, who wrote the joint letter to Attorney General Kathleen Kane. He argues Pennsylvania law is clear in that only children who have been declared delinquent or are awaiting delinquency adjudication may be detained.

    Here's the letter:

  4. Iowa's "Pastor Max" Deported

    by , 03-23-2015 at 11:12 AM (Matthew Kolken on Deportation And Removal)
    It has been reported that Iowa Mennonite Pastor Max Villatoro has been deported to Honduras leaving four United States children without a father. A motion to reopen was filed on his behalf to permit him to apply for asylum, and he was deported before there was a ruling on it. I'm curious to know if an emergency motion for stay of removal was also filed, as this information hasn't been included in the reports. If anyone knows please reach out to me.
  5. Obama Admin Seeking to Deport Man Raped in Custody

    by , 03-18-2015 at 07:18 AM (Matthew Kolken on Deportation And Removal)
    From NotOneMoreDeportation.com:



    Douglas Menjivar-Pineda (A# 098 354 973) is currently detained at the Polk Detention Center in Texas. Before being transferred to Polk, Douglas was at the Joey Corley Detention Center where he was raped and as a result his physical and mental health has deteriorated to the point of being unbearable.

    Douglas came to the United States from El Salvador in 2004 to work and provide for his family but when his father became fatally ill in 2009, Douglas returned to look after him. His father passed away and Douglas lived in El Salvador for several years until he was threaten by violent groups in his town for serving as a police informant. If deported Douglas’s life would be in grave danger.

    Douglas has no criminal record and based on the memorandum issued by DHS Secretary Jeh Johnson on November 20, 2014 entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” he is not a priority for deportation. ICE refuses to release him because Douglas was ordered removed in absentia when he missed an immigration court 10 years ago! This is not enough to send him to his death and further debilitate him.

    Click here to sign the petition asking the Houston Field Office Director to release Douglas.
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