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Matthew Kolken on Deportation And Removal

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  1. Immigration Judge Potentially Biased Against Gay Asylum Seekers

    by , 09-29-2016 at 10:08 AM (Matthew Kolken on Deportation And Removal)
    The following excerpt is from a summary order issued by the Second Circuit Court of Appeals.

    This is not the first time IJ Michael W. Straus has erred in adjudicating an application for deferral of removal by a gay or bisexual Jamaican man. See, e.g., Walker v. Lynch, No. 15‐184, 2016 WL 4191844, at *3 (2d Cir. Aug. 9, 2016) (granting the petition for review on the grounds that IJ Straus “totally overlook[ed]” the record evidence that the Jamaican government acquiesces in the torture of gay and bisexual men). The record in this case also contains examples of conduct potentially indicative of bias. For example, IJ Straus permitted the government to engage in a line of cross‐examination asking Brown irrelevant, demeaning questions about, among other things, his genitalia and sexual performance. The BIA might consider, on remand, whether justice, or the appearance of justice, would be served by reassigning the remand to a different IJ. See Huang v. Gonzales, 453 F.3d 142, 151 (2d Cir. 2006) (reassignment is appropriate to avoid bias or the appearance of substantial injustice).

    I've never appeared before Judge Straus. If you have please put your experiences in a comment below.

    Updated 09-29-2016 at 10:33 AM by MKolken

  2. Executive Office for Immigration Review Swears in 15 Immigration Judges

    by , 09-27-2016 at 06:51 AM (Matthew Kolken on Deportation And Removal)
    FOR IMMEDIATE RELEASE
    Monday, September 26, 2016


    Executive Office for Immigration Review Swears in 15 Immigration Judges

    FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of 15 new immigration judges. Acting Chief Immigration Judge Michael C. McGoings presided over the investiture during a ceremony held Sept. 23, 2016, in the ceremonial courtroom of the E. Barrett Prettyman U.S. Courthouse, in Washington, D.C.
    After a thorough application process, Attorney General Loretta E. Lynch appointed Valerie A. Burch, Timothy M. Cole, Molly S. Frazer, Ivan Gardzelewski, Njeri B. Maldonado, Nancy J. Paul, Robin Kandell Paulino, Jennifer I. Peyton, G. William Riggs, Walter Hammele Ruehle, Ian Robert Simons, Mario J. Sturla, P. Michael Truman, Elizabeth L. Young, and Richard Zanfardino to their new positions.

    “We welcome these 15 appointees to the immigration judge corps,” said McGoings. “With these appointments, EOIR now has 291 immigration judges, setting a new all-time high for our immigration judge corps and further strengthening our efforts to address the agency’s pending caseload of more than 500,000.”
    Biographical information follows.

    Valerie A. Burch, Immigration Judge, San Francisco Immigration Court

    Attorney General Loretta E. Lynch appointed Valerie A. Burch to begin hearing cases in September 2016. Judge Burch earned a Bachelor of Arts degree in 2000 from the University of Rochester and a Juris Doctor in 2004 from the Penn State Dickinson School of Law. From 2012 to September 2016, she was an attorney for The Shagin Law Group, in Harrisburg, Pa. From 2007 through 2012, she was a staff attorney for the American Civil Liberties Union of Pennsylvania, in Harrisburg, Pa. From 2004 through 2007, she was a managing attorney for the Pennsylvania Immigration Resource Center, in York, Pa. Judge Burch is a member of the Pennsylvania Bar.

    Timothy M. Cole, Immigration Judge, Miami Immigration Court

    Attorney General Loretta E. Lynch appointed Timothy M. Cole to begin hearing cases in September 2016. Judge Cole earned both a Bachelor of Arts degree and a Bachelor of Business Administration degree in 2002 from the University of Texas at Austin, and a Juris Doctor in 2007 from the George Mason University School of Law. From April 2014 to September 2016, and previously from 2008 through 2012, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Miami. From 2012 through 2014, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Southern District of Florida, Department of Justice (DOJ). From 2007 through 2008, he served as a judicial law clerk for the Miami Immigration Court, Executive Office for Immigration Review, DOJ. From 2003 through 2004, he was a volunteer for the AmeriCorps National Civilian Community Corps. Judge Cole is a member of the Virginia State Bar.

    Molly S. Frazer, Immigration Judge, Florence Immigration Court

    Attorney General Loretta E. Lynch appointed Molly S. Frazer to begin hearing cases in September 2016. Judge Frazer earned a Bachelor of Arts degree in 1983 from the University of Iowa and a Juris Doctor in 1986 from the Drake University Law School. From 2004 to September 2016, she served as a senior attorney for Customs and Border Protection, Department of Homeland Security (DHS), in Tucson, Ariz. From 2000 through 2004 she served as an assistant chief counsel for the former Immigration and Naturalization Service (INS), Department of Justice (DOJ), and Immigration and Customs Enforcement, DHS. From 1996 through 2000, she served as a sector counsel for the U.S. Border Patrol, INS, DOJ. From 1990 through 1996, she was an assistant county attorney for Story County, Iowa. From 1988 through 1990, she was an assistant city attorney for the City of Waterloo, Iowa. From 1986 through 1987, she was an assistant county attorney for Black Hawk County, Iowa. Judge Frazer is a member of the Iowa State Bar and the State Bar of Texas.

    Ivan Gardzelewski, Immigration Judge, Denver Immigration Court

    Attorney General Loretta E. Lynch appointed Ivan Gardzelewski to begin hearing cases in September 2016. Judge Gardzelewski earned a Bachelor of Arts degree in 2000 from Augustana College and a Juris Doctor in 2004 from the University of Oregon School of Law. From 2007 to September 2016, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Denver. From 2009 through 2010, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, District of Colorado, Department of Justice, in Denver. In 2007, he served as a deputy district attorney for the Colorado Fifth Judicial District Attorney’s Office, in Breckenridge, Colo. From 2004 through 2007, he served as a municipal prosecutor for the Lakewood City Attorney’s Office, in Lakewood, Colo. Judge Gardzelewski is a member of Colorado Bar.

    Njeri B. Maldonado, Immigration Judge, Stewart Immigration Court

    Attorney General Loretta E. Lynch appointed Njeri B. Maldonado to begin hearing cases in September 2016. Judge Maldonado earned a Bachelor of Arts degree in 2001 from Xavier University of Louisiana and a Juris Doctor in 2005 from the Loyola University School of Law. From 2009 to September 2016, Judge Maldonado served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta. From 2012 through 2013, she served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Northern District of Georgia, Department of Justice, in Atlanta. From 2005 through 2008, she served an associate attorney for Blue Williams LLP, in Metairie, La. Judge Maldonado is a member of the Louisiana State Bar.

    Nancy J. Paul, Immigration Judge, Omaha Immigration Court

    Attorney General Loretta E. Lynch appointed Nancy J. Paul to begin hearing cases in September 2016. Judge Paul earned a Bachelor of Science degree in 1985 from the University of Nebraska and a Juris Doctor in 1988 from the Creighton University School of Law. From 2010 to September 2016, she served as a board member and treasurer for the Great Plains Colon Cancer Task Force, in Omaha, Neb. From 2008 through 2010, she served as a military commission judge for the Office of the Military Commissions, in Guantanamo Bay, Cuba. From 2003 through 2010, she served as a military judge for the U.S. Air Force (USAF), at Offutt Air Force Base, Neb., and Travis Air Base, Calif. From 2003 through 2010, she also served as an adjunct instructor for the Air Force Judge Advocate General’s School. From 2000 through 2003, she served as the chief of Operations and International Law, USAF, at Davis-Monthan Air Force Base, Ariz. From 1997 through 2000, she served as a deputy and acting staff judge advocate for the USAF at Hurlburt Field, Fla. From 1994 through 1997, she served as the chief of the Adverse Actions Division, USAF, at Hickam Air Force Base, Hawaii. From 1993 through 1994, she served as a deputy staff judge advocate for the USAF, at Plattsburgh Air Force Base, N.Y. From 1992 through 1993, she served as area defense counsel for the USAF, at Offutt Air Force Base. From 1988 through 1992, she served as the chief of Military Justice and General Law at Offutt Air Force Base. Judge Paul is a member of the Nebraska State Bar.

    Robin Kandell Paulino, Immigration Judge, San Francisco Immigration Court

    Attorney General Loretta E. Lynch appointed Robin Kandell Paulino to begin hearing cases in September 2016. Judge Paulino earned a Bachelor of Arts degree in 1991 from the University of Arizona and a Juris Doctor in 1995 from the University of San Diego School of Law. From 2007 to September 2016, she served as a senior attorney and assistant general counsel for Legal & Corporate Affairs, Microsoft Corporation. From 1998 through 2007, she served as a senior associate and managing attorney for Fragomen, Del Rey, Bernsen & Loewy, in Santa Clara, Calif. From 1996 through 1998, she served as an associate attorney for Korenberg, Abramowitz & Feldun, in Calif. Previously, she served as an associate attorney for Swanson & Swanson, in Los Angeles. Judge Paulino is a member of the State Bar of California.

    Jennifer I. Peyton, Immigration Judge, Chicago Immigration Court

    Attorney General Loretta E. Lynch appointed Jennifer I. Peyton to begin hearing cases in September 2016. Judge Peyton earned a Bachelor of Arts degree in 1994 from Trinity College and a Juris Doctor in 1998 from the Case Western Reserve University School of Law. From 2003 to September 2016, she was in private practice as managing partner of Jennifer I. Peyton, Attorney at Law LLC, in Cleveland. In 2013, she joined the faculty of the Case Western University School of Law, where she served as an adjunct clinical professor, and in 2006 she joined the faculty of the Cleveland State University Cleveland-Marshall College of Law, where she served as an adjunct professor. Judge Peyton is a member of the Ohio State Bar.

    G. William Riggs, Immigration Judge, Miami Immigration Court

    Attorney General Loretta E. Lynch appointed G. William Riggs to begin hearing cases in September 2016. Judge Riggs earned a Bachelor of Applied Arts degree in 1985 from Florida Atlantic University, a Juris Doctor in 1990 from Nova Southeastern University, and a Master of Laws degree in 2002 from the U.S. Army Judge Advocate General’s School. From 2008 to September 2016, he served in various capacities for the U.S. Marine Corps (USMC) at Camp Lejeune, N.C., including as deputy assistant chief of staff for Force Preservation, staff judge advocate, and circuit military judge for the Eastern Judicial Circuit. From 2008 through 2009, he served as a senior rule of law advisor and deputy rule of law team leader for the Provincial Reconstruction Team, USMC, at Camp Ramadi, Iraq. From 2004 through 2008, he served as a staff judge advocate for the USMC Forces Central Command, at MacDill Air Force Base, Fla. From 2002 through 2004, he served as the head of the Operational Law Branch, Navy International and Operational Law, Department of the Navy, at the Pentagon. Prior to 2002, he served in various legal positions for the USMC, including as a staff judge advocate, deputy staff judge advocate, assistant staff judge advocate, prosecutor, defense counsel, and legal assistance attorney. From 1994 through 1996, he was in private practice at G. William Riggs PA, in West Palm Beach, Fla. Judge Riggs is a member of the Florida Bar.

    Walter Hammele Ruehle, Immigration Judge, Buffalo Immigration Court

    Attorney General Loretta E. Lynch appointed Walter Hammele Ruehle to begin hearing cases in September 2016. Judge Ruehle earned a Bachelor of Arts degree in 1976 from the State University of New York at Oneonta and a Juris Doctor in 1979 from the Union University Albany Law School. From 1993 to September 2016, he served in various capacities for the Legal Aid Society, including as an attorney, director of the Immigration Program, and director of the Upstate New York Immigration Law Project. From 1991 through 1993, he served as an associate attorney for the Law Offices of James J. Piampino, in Rochester, N.Y. From 1990 through 1991, he served as a staff and directing attorney for the Neighborhood Legal Services, in Hartford, Conn. From 1979 through 1990, he served in various capacities for the Farmworker Legal Services of N.Y., including as a staff attorney, supervising and managing attorney, litigation director, and legal consultant. In 2012 and 2013, he also served as an adjunct professor at the Cornell Law School. Judge Ruehle is a member of the Connecticut Bar and the New York State Bar.

    Ian Robert Simons, Immigration Judge, Adelanto Immigration Court

    Attorney General Loretta E. Lynch appointed Ian Robert Simons to begin hearing cases in September 2016. Judge Simons earned a Bachelor of Arts degree in 1998 from Michigan State University and a Juris Doctor in 2001 from the Michigan State University College of Law. From 2009 to September 2016, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Detroit. From 2011 through 2013, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, District of Arizona, Department of Justice, in Phoenix. From 2001 through 2009, he served as an assistant prosecutor for the Oakland County Prosecutor’s Office, in Pontiac, Mich. Judge Simons is a member of the State Bar of Michigan.

    Mario J. Sturla, Immigration Judge, Boston Immigration Court

    Attorney General Loretta E. Lynch appointed Mario J. Sturla to begin hearing cases in September 2016. Judge Sturla earned a Bachelor of Arts degree in 2003 from Brown University and Juris Doctor in 2006 from the Yeshiva University Benjamin N. Cardozo School of Law. From 2015 to September 2016, he served as a deputy chief counsel, and previously from 2008 through 2015 as an assistant chief counsel, for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Boston. From 2007 through 2008, he served as a staff attorney for the Office of Legal Affairs, U.S. Court of Appeals for the Second Circuit, in New York City. From 2006 through 2007, he served as a judicial law clerk for the New York City Immigration Court, Executive Office for Immigration Review, Department of Justice, entering on duty through the Attorney General’s Honors Program. Judge Sturla is a member of the Massachusetts Bar.

    P. Michael Truman, Immigration Judge, Salt Lake City Immigration Court

    Attorney General Loretta E. Lynch appointed P. Michael Truman to begin hearing cases in September 2016. Judge Truman earned a Bachelor of Arts degree in 2001 from Brigham Young University and a Juris Doctor in 2004 from the S.J. Quinney College of Law, University of Utah. From 2011 to September 2016, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Denver. From 2005 through 2011, he served as a trial attorney for the Office of Immigration Litigation, Department of Justice. From 2004 through 2005, he served as a law clerk for Justice Michael J. Wilkins, Utah Supreme Court. Judge Truman is a member of the Utah State Bar.

    Elizabeth L. Young, Immigration Judge, San Francisco Immigration Court

    Attorney General Loretta E. Lynch appointed Elizabeth L. Young to begin hearing cases in September 2016. Judge Young earned a Bachelor of Arts degree in 1999 from Hendrix College and a Juris Doctor in 2004 from The George Washington University School of Law. From 2011 to September 2016, she served as an associate professor of law, and previously from 2008 through 2011 as an assistant professor of law, for the University of Arkansas School of Law. From 2007 through 2008, she served as a visiting professor at The George Washington University School of Law. From 2004 through 2007, she served as an attorney advisor for the San Francisco Immigration Court, Executive Office for Immigration Review, Department of Justice. Judge Young is a member of the Arkansas Bar, the State Bar of California, and the Virginia State Bar.

    Richard Zanfardino, Immigration Judge, Portland Immigration Court

    Attorney General Loretta E. Lynch appointed Richard Zanfardino to begin hearing cases in September 2016. Judge Zanfardino earned both a Bachelor of Arts degree in 1989 and a Bachelor of Arts degree in 1990 from North Carolina State University, and a Juris Doctor in 1996 from the Columbus School of Law, Catholic University of America. From 2006 to September 2016, he served as a trial attorney for the Office of Immigration Litigation, Department of Justice (DOJ). From 1997 through 2006, he served as an attorney advisor for the Board of Immigration Appeals, Executive Office for Immigration Review, DOJ. From 2003 through 2004, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, DOJ, in Washington, D.C. Judge Zanfardino is a member of the District of Columbia Bar.





    Updated September 26, 2016

    Updated 09-27-2016 at 08:41 AM by MKolken

  3. Immigration Lawyer Slams Obama over Human Rights Record

    by , 09-26-2016 at 08:54 AM (Matthew Kolken on Deportation And Removal)
    I saw the following post written by immigration lawyer Amy Maldonado and received permission to republish it:

    Three days ago, at the UN Refugee Summit, President Obama said, "To slam the door in the face of these families would betray our deepest values. It would deny our own heritage as nations, including the United States of America, that have been built by immigrants and refugees. And it would be to ignore a teaching at the heart of so many faiths that we do unto others as we would have them do unto us; that we welcome the stranger in our midst.”

    At the same summit, the United States successfully pushed to delete language in a nonbinding declaration on the treatment of refugees that said children should never be detained. Apparently, our President’s words don’t apply at home, where in the Berks Family Prison, there are children as young as 15 months, and children that have been detained with their mothers for more than a year, and families continue to be detained at the Karnes and Dilley private prisons in Texas.

    It has been more than a year since "family detention" was declared unlawful by a federal judge Dolly Gee, and more than a year since the U.S. Commission on Civil Rights issued its scathing report calling for an end to family detention. And the Obama Administration continues to flout the law and violate the human rights of asylum seekers in this country.

    I voted for this President. I know how important it has been to have the first black president take office. I wanted to enthusiastically support him, even when I disagreed with his policies. But what we got with President Obama was the worst President for immigrants IN MY LIFETIME. The draconian immigration laws that I have practiced under for my entire career were signed into law by President Clinton in 1996, and even his DOJ entered into the Flores Settlement Agreement (based on a case originally filed in 1986) to end the abusive detention of immigrant children, which remains in effect to this day (President Obama's Administration began violating it in 2014).

    I am no longer a Democrat.
  4. Obama Steps Up Deportation of Haitians

    by , 09-26-2016 at 08:34 AM (Matthew Kolken on Deportation And Removal)
    Statement by Secretary Johnson Concerning His Directive to Resume Regular Removals to Haiti

    For Immediate Release
    DHS Press Office
    Contact: 202-282-8010

    Following the tragic January 2010 earthquake in Haiti, U.S. Immigration and Customs Enforcement (ICE) temporarily ceased removing Haitian nationals to Haiti. On April 1, 2011, ICE announced the resumption of removals on a limited basis of Haitians with final orders of removal and convicted of a serious crime, or who posed a national security threat. Since that time, the situation in Haiti has improved sufficiently to permit the U.S. government to remove Haitian nationals on a more regular basis, consistent with the practice for nationals from other nations.

    Yesterday I directed that, effective immediately, enforcement decisions with respect to Haitian nationals should be, consistent standard practice, guided by my memorandum dated November 20, 2014, “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.” These policies prioritize the removal of convicted felons, individuals convicted of significant or multiple misdemeanors, and individuals apprehended at or between ports of entry while attempting to unlawfully enter the United States.

    Consistent with law, individuals who express a fear of return to Haiti will be screened by a U.S. Citizenship and Immigration Services (USCIS) asylum officer to determine whether they possess a credible fear of persecution or torture. Those determined to have a credible fear will be referred to immigration court for removal proceedings where they may apply for asylum or other forms of relief.

    Haitian nationals currently covered by Temporary Protected Status are unaffected by this change in policy. Specifically, those Haitian nationals who have been continuously residing in the United States since January 12, 2011 and currently hold TPS may remain in the United States and are not subject to removal. These TPS beneficiaries also remain eligible for employment authorization. TPS for Haitian nationals has been extended through July 22, 2017.

    DHS will continue to promote safe, orderly avenues for Haitian nationals seeking to immigrate to the United States, including through Haitian Family Reunification Parole, which allows certain beneficiaries of approved family-based petitions to be paroled into the United States up to two years before their visa priority date becomes current.

    DHS and the Department of State are working with the Government of Haiti and other key partners to resume removals in as humane and minimally disruptive a manner as possible.

    # # #



    Last Published Date: September 22, 2016

    Updated 09-26-2016 at 09:03 AM by MKolken

  5. GOP Congressman Calls to Revoke Citizenship for Individuals Ordered Deported

    by , 09-23-2016 at 01:35 PM (Matthew Kolken on Deportation And Removal)
    Via the House Judiciary Committee:

    Washington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Immigration and Border Security Subcommittee Chairman Trey Gowdy (R-S.C.) today called on Department of Homeland Security (DHS) Secretary Jeh Johnson to investigate and begin the process of revoking citizenship for people that obtained citizenship despite being ineligible and due to the Department’s systemic failures.

    Earlier this month, the DHS Office of Inspector General (IG) issued a report finding that at least 858 individuals who were ordered deported were instead granted citizenship because they used another identity when applying for citizenship and were not caught by federal immigration authorities since their fingerprints were never digitized and uploaded to government databases. The IG report also found that about 148,000 fingerprint records have not been digitized for aliens with final deportation orders or who are criminals or fugitives.

    In their letter to Secretary Johnson, Goodlatte and Gowdy call on the Department of Homeland Security to initiate a plan to investigate and refer for criminal prosecution and denaturalization proceedings each person identified in the IG’s report who has been granted citizenship based on fraudulent identity. They also call on DHS to provide information to the House Judiciary Committee about what it has done to remedy this systemic failure.

    Below is the text of the letter. The signed copy can be found here.

    September 22, 2016

    The Honorable Jeh Johnson
    Secretary
    U.S. Department of Homeland Security
    Washington, D.C. 20528

    Dear Secretary Johnson,

    We write regarding the September 8, 2016, U.S. Department of Homeland Security’s Office of Inspector General (IG) report entitled, “Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records.”

    The IG report stated that, “USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not in the DHS digital fingerprint repository, IDENT.” In addition, the IG found that, “U.S. Immigration and Customs Enforcement (ICE) has identified about 148,000 older fingerprint records that have not been digitized of aliens with final deportation orders or who are criminals or fugitives.” Thus, still more individuals could have been naturalized despite their ineligibility to do so.

    Administration officials repeatedly tell those of us in Congress and the American people that the immigration benefits vetting process is robust and secure. Concerns we raise about the process are continuously dismissed in favor of Administration actions to expand the scope of eligibility for immigration benefits.

    Yet time and time again, those concerns are proven valid. Whether it is with the improper grant of a fiancée visa to an individual who goes on to commit a terrorist attack in California, or with the improper naturalization of hundreds of individuals whose fingerprints were never automated, there is no doubt that U.S. Citizenship and Immigration Services’ (USCIS) adjudication is not the secure and robust process that we are asked to believe.

    USCIS’ first responsibility is to the American people, and that responsibility is to ensure that foreign nationals approved for immigration benefits are, in fact, who they claim to be. Without such elementary knowledge of the individuals seeking immigration benefits, the U.S. immigration system and any claimed security protections therein are rendered useless.

    In addition, naturalization not only bestows rights and benefits to the individual naturalized, but also for their family members. So through chain migration, one individual fraudulently naturalized can result in hundreds of additional naturalizations. Such actions make a mockery of U.S. immigration law and policy.

    As you also know, federal law allows USCIS to refer an individual to the Department of Justice for denaturalization proceedings in the case of an individual who USCIS believes to have “illegally procured or procured by concealment of a material fact or by willful misrepresentation,” naturalization. Federal law also allows such referrals for criminal prosecution.

    Thus, we request that you initiate a plan to investigate and refer for criminal prosecution and denaturalization proceedings, each individual in the group described by the IG to have been naturalized based on a fraudulent identity and despite having fingerprints that were not previously entered into the system.

    In addition, we request the following information:

    1. For the 858 individuals who were found to have been naturalized despite being ordered deported or removed under a different identity:
      1. How many have been investigated to determine whether they were truly eligible at the time of naturalization?
      2. How many aliens have been naturalized or received other immigration benefits based on the U.S. citizenship status of the fraudulently naturalized individual? What, if any, action has been taken to denaturalize or revoke immigration benefits from such individuals?
      3. How many have been referred to the U.S. Department of Justice (DOJ) for criminal prosecution?
      4. How many have been referred to DOJ for denaturalization proceedings?
      5. Of the cases referred for criminal prosecution, how many cases has DOJ agreed to prosecute and how many have been prosecuted? Please indicate the outcomes of any such prosecutions.
      6. Of the cases referred for denaturalization proceedings, how many cases has DOJ agreed to take and how many proceedings have been initiated? Please indicate the outcomes of those cases.
      7. How many have been determined, through investigation, to have been eligible for naturalization despite the fraud used to gain naturalization? For each individual found to have been eligible, please indicate the reasons for such a finding.
      8. Please provide us monthly updated numbers on a) through g) above as the process continues.

    2. For the 148,000 fingerprint records that have not been digitized of aliens with final deportation orders or who are criminals or fugitives:
      1. What is your plan to investigate the number of those individuals who have been naturalized or have received other immigration benefits?
      2. Please provide monthly updated statistics regarding those of the 148,000 who were naturalized and the number who were naturalized under a new identity.
      3. Of the number who have already been naturalized, how many have been referred to DOJ for criminal prosecution? How many has DOJ agreed to prosecute?
      4. Of the number who have already been naturalized, how many have been referred to DOJ for denaturalization proceedings? Against how many has DOJ agreed to begin denaturalization proceedings?


    Please respond to the above questions no later than October 5, 2016. If you have questions regarding this letter, please contact Andrea Loving on the House Judiciary Committee staff at (202) 225-3926.

    We appreciate in advance, your prompt response.

    Sincerely,

    Bob Goodlatte

    Chairman
    Trey Gowdy
    Sub Committee Chairman

    Updated 09-23-2016 at 01:37 PM by MKolken

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