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Matthew Kolken on Deportation And Removal

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  1. 2nd Circuit Rules Criminal Sale of Marijuana 3rd is not an Aggravated Felony

    by , 07-20-2018 at 09:49 AM (Matthew Kolken on Deportation And Removal)
    Hot off the presses:

    Hylton v. Sessions, 17‐1567‐ag (JULY 20, 2018)

    Antoine Hylton, a Jamaican national, petitions for review of the order of the Board of Immigration Appeals, which found him ineligible for cancellation of removal because his prior state conviction for sale of marijuana in the third degree constituted an aggravated felony under the Immigration and Nationality Act. The single issue on appeal is whether the minimum offense conduct under Hylton’s statute of conviction, New York Penal Law (“NYPL”) § 221.45, is necessarily punishable as a federal felony by the Controlled Substances Act. Because NYPL § 221.45 explicitly extends to the distribution of less than an ounce of marijuana without remuneration, it is punishable as a federal misdemeanor. 2 Hylton’s crime of conviction is therefore not categorically an aggravated felony. We GRANT the petition, VACATE the opinion of the BIA, and REMAND for further consideration consistent with this opinion.

    Click here to read the opinion.
  2. Threefold Difference in Immigration Bond Amounts by Court Location

    by , 07-17-2018 at 07:02 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    In recent years somewhat over one in four detained individuals were ultimately successful in obtaining an Immigration Court custody decision that allowed them to be released by posting a bond[1]. So far this year, this success rate has been 30.5 percent, up from 18.4 percent during FY 2014. See Figure 1. Percent of Detained Individuals Granted Bond in Immigration Court, FY 2014 - FY 2018.



    This increase occurred primarily because more and more of those detained are receiving custody hearings. Judges have been actually no more willing to grant bond at these hearings. During FY 2014 in slightly less than half the cases (48.8%) were bond motions granted. A slightly lower proportion (47.1%) have been granted during FY 2018.
    Nationally, for bond hearings thus far during FY 2018, the median bond amount set was $7,500. This amount is up by 50 percent from the median of $5,000 five years ago.

    A median bond amount of $7,500 means half of all individuals who were successful in having their motions granted had to post a bond of $7,500 or more. Nearly 40 percent had to post a bond of $10,000 or more. Five percent had their bond amount set at $25,000 or more. Only 1 percent were released without having to post a dollar bond. And only one in twenty had a bond amount that was less than $2,500. See Table 1 for details on bond amounts at the end of this report.


    Click here for more.
  3. ICE Arrests 37 People in New Jersey Immigration Enforcement Surge

    by , 07-16-2018 at 09:33 AM (Matthew Kolken on Deportation And Removal)
    NEWARK, N.J. — U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Newark Field Office arrested 37 individuals during a five-day operation that concluded Friday, as part of the agency’s ongoing public safety efforts. The operation targeted criminal aliens who were previously incarcerated at the Middlesex County Jail (MCJ), and who were subsequently released to the community by MCJ, without honoring the ICE detainer or advising ICE of their release. The operation also targeted other criminal aliens residing in Middlesex County.

    Of those arrested, 16 subjects had been previously released by MCJ without honoring the ICE detainer and 78% had prior criminal convictions or pending criminal charges.
    “ERO New Jersey will continue to enforce ICE’s commitment to public safety,” said Ruben Perez, acting Field Office Director of ERO in Newark. “Middlesex county, which aspires to be a ‘sanctuary county’ by protecting criminal aliens, in the process assists criminals in undermining federal law, and creates a dangerous environment in the community. It also overburdens local law enforcement. ICE will continue to execute its mission in such communities.”
    The individuals arrested as part of the operation were nationals of Brazil, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Ivory Coast, Mexico, Nigeria, Peru, and Turkey.

    These individuals range from 21 to 68 years old and all were previously arrested or convicted of a variety of offenses. Some of the arrests and convictions included: aggravated criminal sexual contact, aggravated assault, DUI, hindering apprehension, endangering the welfare of a child, battery, theft, burglary, possession of a weapon, forgery, domestic violence assault, disorderly conduct, and illegal entry.

    The 16 subjects that were released by MCJ and arrested during this operation include:

    A 68-year-old citizen of Mexico was arrested by the Perth Amboy Police Department on January 23, 2009, in Middlesex County for the crimes of murder–purposely and hinder prosecution-false info and was booked into the Middlesex County Jail. On June 14, 2011, he was convicted of aggravated manslaughter and hinder own prosecution-false info and was sentenced to 25 years imprisonment in state prison. On May 5, 2015, the subject was transferred from state prison back to the custody of the Middlesex County Jail as he appealed his convictions. On May 5, 2015, ICE issued a detainer to Middlesex County Jail. On May 22, 2018, the original charge was overturned and he was found guilty of a single felony charge of hindering-oneself-give false information and sentenced to time served. Even though an ICE detainer was previously issued he was released.

    A 21-year-old citizen of Turkey was arrested by the South Brunswick Police Department on May 10, 2017, in Middlesex County for burglary entering structure and theft by unlawful taking, and was booked into Middlesex County Jail. On May 10, 2017, ICE issued a detainer, but the detainer was not honored and he was released. On July 15, 2017, he was arrested for resisting arrest, obstructing the administration of law, and possession of marijuana. On October 12, 2017, he was arrested by ICE officers in Monmouth Junction, New Jersey and was subsequently released on bond by the Immigration Judge. On April 12, 2018, he was arrested for a third time for simple assault, harassment, and possession of a weapon for unlawful purpose, and was booked into the Middlesex County Jail. On April 13, 2018, ICE issued a detainer, but the detainer was not honored again and he was released.

    A 32-year-old citizen of Mexico was arrested by the New Brunswick Police Department on August 12, 2016, in Middlesex County for Aggravated Sexual Assault- Helpless Victim, Aggravated Criminal Sexual Contact, Sexual Assault-Force/Coercion, and Criminal Sexual Contact and booked into the Middlesex County Jail. On August 16, 2016, ICE issued a detainer. On May 18, 2018, he was convicted of Aggravated Criminal Sexual Contact and sentenced to 644 days’ time served, parole supervision for life and registration under Megan’s Law. On May 21, 2018, Middlesex County Jail refused to honor the detainer and he was released.

    A 26-year-old citizen of Mexico was arrested by the North Brunswick Police Department on February 17, 2017, in Middlesex County for driving while his license was suspended and on his court date of May 23, 2017, he was found guilty and sentenced to ten (10) days of incarceration at the Middlesex County Jail. On May 31, 2017, ICE issued a detainer, but the detainer was not honored and he was released. He also had a prior conviction for DUI.

    A 46-year-old citizen of Mexico was arrested by the Carteret Police Department on December 15, 2017, in Middlesex County for domestic violence/simple assault and booked into the Middlesex County Jail. On December 25, 2017, ICE issued a detainer, but the detainer was not honored by Middlesex County Jail and he was released. On June 28, 2018, he was convicted of Domestic Violence Assault.

    A 34-year-old citizen of Mexico was arrested by the Edison Police Department on May 29, 2018, in Middlesex County for aggravated assault and possession of a weapon and booked into the Middlesex County Jail. On May 30, 2018, ICE issued a detainer, but the detainer was not honored and he was released.

    A 42-year-old citizen of Honduras was convicted of illegal entry on November 10, 2009, and removed. On June 12, 2017, she was arrested by the Woodbridge Police Department, in Middlesex County for shoplifting, and released. On March 11, 2018, she was again arrested for shoplifting, and released. On April 21, 2018, she was arrested for a third time for shoplifting, and booked into Middlesex County Jail. On April 21, 2018, ICE issued a detainer, but the detainer was not honored and she was released.

    A 21-year-old citizen of Guatemala was arrested by the Green Brook Police Department on June 20, 2018, in Somerset County for driving under the influence of alcohol and by the Middlesex Police Department (later that same day) in Middlesex County, for burglary-entering structure, theft by unlawful taking, receiving stolen property and hindering oneself/ false information and was booked into Middlesex County Jail. On June 21, 2018, ICE issued a detainer, but the detainer was not honored by Middlesex County Jail and he was released.

    A 21-year-old citizen of Honduras was arrested by the New Brunswick Police Department on May 29, 2018, in Middlesex County for aggravated assault, possession of a weapon for unlawful purpose, unlawful possession of a weapon, and booked into the Middlesex County Jail. On May 29, 2018, ICE issued a detainer, but he was released.

    A 37-year-old citizen of Mexico was arrested by the New Brunswick Police Department on November 25, 2017, in Middlesex County for driving without a license, and booked into the Middlesex County Correctional Facility in North Brunswick, NJ. On November 25, 2017, an ICE detainer was issued but he was released.

    A 25-year-old citizen of the Dominican Republic was arrested by the Perth Amboy Police Department on May 25, 2018, in Middlesex County for harassment, hindering, and obstruction, and was booked into Middlesex County Jail. On May 29, 2018, ICE issued a detainer, but the detainer was not honored and he was released. He also has prior arrests for domestic violence and forgery.

    A 27-year-old citizen of the Dominican Republic was arrested by the Perth Amboy Police Department on January 25, 2018, in Middlesex County for aggravated assault - significant bodily injury to a victim of domestic violence, criminal restraint – hold victim, possession of a weapon for unlawful purpose, unlawful possession of a weapon and booked into the Middlesex County Jail. On January 30, 2018, ICE issued a detainer, but the detainer was not honored and he was released.

    A 41-year-old citizen of Honduras was arrested by the New Brunswick Police Department on September 18, 2017, in Middlesex County for driving with a suspended license and was booked into the Middlesex County Jail. On September 18, 2017, ICE issued a detainer, but the detainer was not honored and he was released. Subject has prior arrests for forgery.

    A 29-year-old citizen of Mexico was arrested by the Perth Amboy Police Department on March 12, 2018, in Middlesex County for aggravated assault on law enforcement and possession of CDS/analog and booked into the Middlesex County Jail. On March 13, 2018, ICE issued a detainer, but the detainer was not honored and she was released. She has prior arrests for assault by auto and DUI.

    A 28-year-old citizen of Peru was arrested by the Union City Police Department in Union City, New Jersey on May 08, 2018, for simple assault and booked into the Hudson County Jail (HCJ). At the time of his release from HCJ, it was discovered that he had an outstanding warrant for contempt from the Perth Amboy Police Department, in Middlesex County. He was transferred to the Middlesex County Jail on the warrant. On May 15, 2018, ICE issued a detainer to Middlesex County Jail but the detainer was not honored and he was released.

    A 29-year-old citizen of El Salvador was arrested by the Carteret Police Department on September 1, 2017, in Middlesex County for Endangering-Abuse/Neglect of a Child and booked into the Middlesex County Jail. On September 5, 2017, ICE issued a detainer, but the detainer was not honored and he was released. After his release, he was arrested for DUI and subsequently convicted on March 15, 2018 for the same offense.

    Those arrested will remain in ICE custody pending removal or immigration proceedings.

    ICE is focused on removing public safety threats, such as convicted criminal aliens and gang members, as well as individuals who have violated our nation’s immigration laws, including those who illegally re-entered the country after being removed, and immigration fugitives ordered removed by federal immigration judges.

    For the first two quarters of Fiscal Year 2018, ICE arrests comprise over 66 percent convicted criminals. Of the remaining individuals not convicted of a crime, approximately 23 percent have either been charged with a crime, are immigration fugitives, or have been removed from the United States and illegally re-entered, reflecting the agency’s continued prioritization of its limited enforcement resources on aliens who pose threats to national security, public safety and border security.



    Last Reviewed/Updated: 07/16/2018
  4. EOIR Announces New Electronic Records Management Features in Immigration Courts

    by , 07-12-2018 at 01:42 PM (Matthew Kolken on Deportation And Removal)
    The Executive Office for Immigration Review (EOIR) is pleased to announce a new information technology program to improve immigration court case management and how you interact with courts.

    The EOIR Courts & Appeals System (ECAS) initiative is part of an overarching information technology modernization effort at our agency. The goal of ECAS is to phase out paper filing and processing, and to retain all records and case-related documents in electronic format. In support of the EOIR mission, it will further enable the timely and fair adjudication of immigration cases.

    We are inviting you to be part of this effort

    EOIR used an iterative development process to ensure optimal functionality. But before we fully implement our electronic-filing initiative in 2019, a pilot program in six cities will help us identify user challenges, if any, and the best way to address them.

    1. San Diego: July 16
    2. York: July 30
    3. Denver: August 13
    4. Atlanta: August 27
    5. Charlotte: September 24
    6. Baltimore: September 24

    We would like you to join the pilot program if you have cases in any of the cities listed above. Your participation in the pilot program will allow you to submit forms and case-related documents through a new website application.

    We envision immense benefit from this modernization effort to you and EOIR staff alike. The ability to electronically file documents should reduce travel time to court. You will also be able to remotely download and view an entire Record of Proceedings for cases.

    Please sign up for the pilot program

    To participate in the pilot program, register with EOIR through eRegistry (https://www.justice.gov/eoir/internet-immigration-info) and obtain an user-identification number if you have not already done so. Upon completion of the registration process or if you are already registered with EOIR, you can access a portal called eInfo. Upon accessing eInfo beginning July 7, 2018, you will see terms and conditions in a pop-up box. After accepting the terms and conditions, you will be able to participate in the pilot for all cases for which a Notice of Entry of Appearance has been filed.

    You can learn more about the overall ECAS initiative and view training videos, frequently asked questions, and user guides on our website (https://www.justice.gov/eoir/internet-immigration-info). If you need assistance with eRegistry, please email EOIR at eRegistration.info@usdoj.gov.

    Your support is vital to our development of new case-management tools for immigration courts under the ECAS initiative. I encourage you to participate and believe you will be satisfied with the result.

    MaryBeth Keller
    Chief Immigration Judge
    EOIR
  5. USCIS is Starting a Denaturalization Task Force

    by , 07-06-2018 at 07:49 AM (Matthew Kolken on Deportation And Removal)
    Via New York Public Radio:



    The United States Citizenship and Immigration Services is creating a new task force. Its goal: to examine what they say are bad naturalization cases, according to Director L. Francis Cissna’s June announcement.

    As a result, the organization expects to hire dozens of lawyers and immigration officers in the coming weeks to find U.S. citizens they say should not have been naturalized, to revoke their citizenship, and then eventually deport them.


    Click here for more.
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