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Matthew Kolken on Deportation And Removal

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  1. Could Conor McGregor Be Deported

    by , 04-06-2018 at 10:09 AM (Matthew Kolken on Deportation And Removal)


    ESPN reports:

    New York police have charged UFC star Conor McGregor with three counts of misdemeanor assault and one count of felony criminal mischief after he turned himself in following an incident Thursday in Brooklyn, according to the New York City Police Department.

    I haven't seen how McGregor has been charged, but presumably it is under section 120.00(1) of the New York Penal Law, which requires both specific intent and physical injury. If he has been charged under this subsection, and if convicted, he will likely have committed a crime involving moral turpitude, which could subject him to both removal from the United States, as well as constituting a lifetime bar to admission that would required a waiver to enable him to return to the United States for any reason.

    The Board of Immigration Appeals has previously ruled In re Ernst SOLON, 24 I&N Dec. 239 (BIA 2007) that the offense of assault in the third degree in violation of section 120.00(1) of the New York Penal Law, which requires both specific intent and physical injury, is a crime involving moral turpitude.

    A single conviction that is a crime of moral turpitude committed within five years of admission subjects an individual to removal. I do not know when McGregor was last admitted to the United States, nor do I know what immigration status he holds. Regardless, a single conviction for a crime of moral turpitude renders an individual permanently inadmissible to the United States. It is possible that McGregor entered recently under the Visa Waiver Pilot Program, which would preclude him from having an opportunity to appear before an immigration judge, and could result in an immigration officer determining he is subject to removal. Moreover, his arrest alone could result in the termination of his visitor status, and a summary removal.

    I'll continue to follow this story, and will keep you posted as more information becomes available.

    Updated 04-07-2018 at 08:13 AM by MKolken

  2. ICE Ignoring a Directive Preventing the Deportation of Noncitizen Troops and Veterans

    by , 04-04-2018 at 10:57 AM (Matthew Kolken on Deportation And Removal)
    Via the Washington Post:

    Immigration and Customs Enforcement appears to have ignored a directive from Defense Secretary Jim Mattis to prevent the deportation of noncitizen troops and veterans, seeking to remove a Chinese immigrant despite laws that allow veterans with honorable service to naturalize, court filings show.

    Xilong Zhu, 27, who came from China in 2009 to attend college in the United States, enlisted in the Army and was caught in an immigration dragnet involving a fake university set up by the Department of Homeland Security to catch brokers of fraudulent student visas.


    Zhu paid tuition to the University of Northern New Jersey, created by DHS to appear as a real school, long enough to ship to basic training using the legal status gained from a student visa issued to attend that school.


    Then ICE found him and asked the Army to release him for alleged visa fraud. He left Fort Benning, Ga., on Nov. 16, 2016, in handcuffs as an honorably discharged veteran. He was detained for three weeks and released.


    Zhu is waiting to hear a judge in Seattle rule in his removal proceedings. His attorney says his client is a victim of federal entrapment.


    Click here for more.
  3. My Candidacy for AILA Board of Governors

    by , 03-12-2018 at 11:22 AM (Matthew Kolken on Deportation And Removal)
    I have been selected by the Nominating Committee as a candidate for the office of Director of the American Immigration Lawyers Association's Board of Governors. For those who don't know me, I maintain a full service immigration law practice, handling cases in all areas of immigration and nationality law with a focus on deportation defense before Immigration Courts throughout the United States, appellate practice before the Board of Immigration Appeals, and the U.S. Courts of Appeals. I have been a member of AILA since 1997.

    During the last three years I have served as the EOIR liaison for the Upstate New York Chapter, and was awarded the chapter's Equal Justice Under the Law Peter J. Murrett III Pro Bono Award in recognition for community service. In addition, I was awarded the New York Law Journal's Lawyer Who Leads by Example award for 2015 for providing pro bono representation to refugee children before the immigration court. In 2017, I received the Erie County Bar Association's Pro Bono Award in recognition and appreciation for pro bono legal services performed in immigration matters before the Court.

    I am honored to already have had my candidacy endorsed by Charles Kuck, Doug Stump, Margaret D. Stock, Amy Maldonado, Danielle Rizzo, and Daniel Thomann, Rosanna Berardi, Mechelle Zarou, Isabel Barbarin, Daniel Joyce, Rita Georges and Michael Serotte, Tracy A. Powell and Steve Brent, Jeff Zimskin, Ramon Rivera, Lindsay Curcio, James D Eiss, Barbara C. Brenner, Jennifer Behm, Kurt Saccone, Siana J. McLean, Nina F. Juncewicz, Michael Marszalkowski, Joseph C. Grasmick, and Russell W. Roberts.

    If elected my focus will be on the improvement and expansion of member benefits, transparency of governance, and the limitation of advocacy messaging to nonpartisan analysis of the immigration law.

    I believe that AILA's main focus should be on serving the members of the organization, and it has a fiduciary responsibility to avoid advocating for policies that will harm our members financially.

    I also believe that AILA's advocacy efforts have been both ineffective and detrimental to the reputation of the organization. Moving forward, I will fight to limit AILA’s official messaging to strict legal analysis of immigration law and procedure, addressing deprivations of due process, and administrative deficiencies.

    It goes without saying that I have been one of AILA's harshest critics, but I am willing to make my voice heard from the inside in an effort to make our association better.

    Thank you for your kind consideration.

    Updated 03-16-2018 at 08:32 AM by MKolken

  4. US Citizen Sues after Being Detained by ICE

    by , 07-07-2017 at 07:47 AM (Matthew Kolken on Deportation And Removal)
    A U.S. citizen is arguing that his detention pursuant to an ICE immigration detainer violated his Fourth Amendment right to be free from unreasonable seizure, violated his substantive due process right under the Fourteenth Amendment to be free from false imprisonment, and constituted unlawful imprisonment under Florida law. He has requested compensatory damages, attorney's fees, and any other equitable relief the Court deems just and proper.

    From the Complaint for Damages:

    Miami-Dade County unlawfully arrested and detained Plaintiff Garland Creedle solely for civil immigration purposes, even though Mr. Creedle is a U.S. citizen who cannot be deported. The County voluntarily detained Mr. Creedle at the request of federal immigration authorities of Immigration and Customs Enforcement (ICE). The detention occurred pursuant to a directive from Mayor Carlos A. Gimenez that requires the Miami-Dade Corrections and Rehabilitation Department (MDCR) to deny release for 48 hours or more to any person who is the subject of a check-the-box immigration detainer request.

    Click here to read the full complaint.
  5. ICE Arrests Return to 2014 Obama Levels

    by , 05-19-2017 at 07:37 AM (Matthew Kolken on Deportation And Removal)
    Immigration and Customs Enforcement has issued statistics relating to enforcement during President Trump's first 100 days:

    WASHINGTON, D.C. – In the 100 days since President Donald J. Trump signed Executive Orders (EOs) regarding immigration enforcement priorities, U.S. Immigration and Customs Enforcement (ICE) has arrested more than 41,000 individuals who are either known or suspected of being in the country illegally. This reflects an increase of 37.6 percent over the same period in 2016.

    Between Jan. 22 and April 29, 2017, ICE Enforcement and Removal Operations (ERO) deportation officers administratively arrested 41,318 individuals on civil immigration charges. Between Jan. 24 and April 30, 2016, ERO arrested 30,028.


    It should be noted that the current enforcement activities are a return to the levels seen under President Obama from 2014.

    Via NPR's Latino USA:

    Although the ICE arrests listed in the latest release reflect an increase from 2016, the 41,318 individuals arrested from January 22 to April 29, 2017 are more in line with statistics from 2014 and earlier:

    Updated 05-19-2017 at 07:51 AM by MKolken

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