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Matthew Kolken on Deportation And Removal

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  1. The State of Immigration Enforcement by Alex Nowrasteh

    by , 05-18-2018 at 10:27 AM (Matthew Kolken on Deportation And Removal)
    Via the Cato Institute's Alex Nowrasteh:

    "Criminal removals are for those who are convicted of crimes, mostly nonviolent and nonproperty offenses such as violations of immigration law. Much of the fear today is that the Trump administration will increase the removals of noncriminal illegal immigrants. While they certainly are targeted, the number and percentage of noncriminal removals are barely changed in 2017 compared to 2016 (Figure 1). The number of criminal removals climbed by about 11,000 and noncriminal removals by about 3,000 in 2017 relative to 2016. "



    Click here for more analysis.
  2. Attorney General Rules on Administrative Closure of Deportation Cases

    by , 05-18-2018 at 07:53 AM (Matthew Kolken on Deportation And Removal)
    For the reasons set forth in the accompanying opinion, I affirm the Board’s order and remand for further proceedings. I hold that immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure.

    Accordingly, immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action. Where a case has been administratively closed without such authority, the immigration judge or the Board, as appropriate, shall recalendar the case on the motion of either party.


    I overrule Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), Matter of WY-U-, 27 I&N Dec. 17 (BIA 2017), and any other Board precedent, to the extent those decisions are inconsistent with this opinion.


    Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018)

  3. District Judge Blocks Revocation of DACA based on Misstatements of Fact

    by , 05-17-2018 at 09:45 AM (Matthew Kolken on Deportation And Removal)
    Via Slate:

    On Tuesday, U.S. District Judge Ricardo S. Martinez shot down the federal government’s efforts to strip Daniel Ramirez Medina of his DACA status. Immigrations [Sic] and Customs Enforcement had arrested and detained Ramirez last year, then falsely claimed that he was affiliated with a gang and attempted to deport him. He filed suit, alleging that ICE had violated his due process rights. Martinez agreed. His order barred the federal government from voiding Ramirez’s DACA status, safeguarding his ability to live and work in the United States legally for the foreseeable future. What may be most remarkable about Martinez’s decision, though, is its blunt repudiation of ICE’s main claim—that Ramirez is “gang-affiliated.” The judge did not simply rule against ICE. He accused the agency of lying to a court of law.

    From the decision:

    Most troubling to the Court, is the continued assertion that Mr. Ramirez is gang-affiliated, despite providing no evidence specific to Mr. Ramirez to the Immigration Court in connection with his administrative proceedings, and offering no evidence to this Court to support its assertions four months later. Dkts. #122-1, Ex. D and #129 at 20:20-21:7. Indeed, the Immigration Judge, after reviewing all evidence submitted by respondent, that Mr. Ramirez was credible, and that he was not in a gang or associated with one.

    Click here
    to read the decision.

    Updated 05-17-2018 at 10:04 AM by MKolken

  4. Rally Calling for Support for the One Day To Protect New Yorkers Act

    by , 05-16-2018 at 08:47 AM (Matthew Kolken on Deportation And Removal)
    On May 22nd, the Immigrant Defense Project, Fortune Society, and over 100 advocates and elected officials, are heading to Albany to hold a rally calling on the legislature to support the One Day To Protect New Yorkers Act – a bill that would reduce the maximum sentence for a Class A Misdemeanor by just one day, from 365 to 364.

    This small change would give federal immigration judges the authority to exercise discretion in more deportation cases and would protect thousands of New Yorkers facing harsh immigration consequences stemming from a misdemeanor offense.

    Please help us spread the word about the rally, and raise awareness of the bill, which could save many vulnerable individuals from being permanently separated from their families and communities. Here's the social media toolkit with sample messaging and graphics to share with your networks.

  5. Trump Administration Preparing to Take Refugee Children from their Mothers

    by , 05-16-2018 at 08:15 AM (Matthew Kolken on Deportation And Removal)
    Reminiscent of the Obama administration's strategy of jailing refugee mothers with children fleeing violence in deportation internment camps to "send a message," the Trump administration has decided to up the ante. The Washington Post reports that the Trump administration intends to rip immigrant children from the arms of their mothers when they arrive at our borders and detain them on military bases. It should be noted that both policies are merely varying degrees of horrific.

    From The Washington Post:

    According to an email notification sent to Pentagon staffers, the Department of Health and Human Services (HHS) will make site visits at four military installations in Texas and Arkansas during the next two weeks to evaluate their suitability to shelter children.

    The bases would be used for minors under 18 who arrive at the border without an adult relative or after the government has separated them from their parents. HHS is the government agency responsible for providing minors with foster care until another adult relative can assume custody.


    Click here for more.

    Updated 05-16-2018 at 08:36 AM by MKolken

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