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Matthew Kolken on Deportation And Removal

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  1. Report Reveals that From 2009 to 2014 CBP was Abusing Immigrant Children

    by , 05-23-2018 at 02:07 PM (Matthew Kolken on Deportation And Removal)
    Via the ACLU:

    Documents obtained by the American Civil Liberties Union featured in a new report released today show the pervasive abuse and neglect of unaccompanied immigrant children detained by U.S. Customs and Border Protection. The report was produced in conjunction with the International Human Rights Clinic at the University of Chicago Law School.

    The report is based on over 30,000 pages of documents dated between 2009 and 2014. The documents were obtained by the ACLU Foundation of San Diego & Imperial Counties and the ACLU Foundation of Arizona through a Freedom of Information Act lawsuit co-counseled with Cooley LLP. The documents feature numerous cases of shocking violence and abuse against migrant children, many of whom arrived in the United States fleeing violence in their home countries.


    Examples of the documented abuses include allegations that CBP officials:

    • Punched a child’s head three times
    • Kicked a child in the ribs
    • Used a stun gun on a boy, causing him to fall to the ground, shaking, with his eyes rolling back in his head
    • Ran over a 17-year-old with a patrol vehicle and then punched him several times
    • Verbally abused detained children, calling them dogs and “other ugly things”
    • Denied detained children permission to stand or move freely for days and threatened children who stood up with transfer to solitary confinement in a small, freezing room
    • Denied a pregnant minor medical attention when she reported pain, which preceded a stillbirth
    • Subjected a 16-year-old girl to a search in which they “forcefully spread her legs and touched her private parts so hard that she screamed”
    • Left a 4-pound premature baby and her minor mother in an overcrowded and dirty cell full of sick people, against medical advice
    • Threw out a child’s birth certificate and threatened him with sexual abuse by an adult male detainee.


    Click here to read the report.

    #ThanksObama

    Updated 05-23-2018 at 02:42 PM by MKolken

  2. Trump Admin Says Schools Should Decide Whether to Report Undocumented Kids to ICE

    by , 05-23-2018 at 08:09 AM (Matthew Kolken on Deportation And Removal)
    Simply appalling.

    Via Politico:

    Education Secretary Betsy DeVos said Tuesday that it’s up to individual schools to decide whether to call U.S. Immigration and Customs Enforcement if they suspect their students are undocumented.

    “That’s a school decision. It’s a local community decision,” DeVos said during testimony before the House Education and the Workforce Committee, adding that “we have laws and we also are compassionate.” Her comments came in her first-ever appearance before the education panel, lasting close to three and a half hours.


    Click here for more.
  3. 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.
  4. 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)

  5. 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

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