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Matthew Kolken on Deportation And Removal


  1. Deportation Terminated on behalf of an Unaccompanied Minor from Central America

    by , 07-31-2018 at 08:03 AM (Matthew Kolken on Deportation And Removal)
    My motion to terminate deportation has been granted on behalf of my client, an unaccompanied refugee child from Central America. The termination order permanently eliminates the threat of removal to a country where he faces unspeakable violence. A Green Card will be forthcoming putting an end to this ordeal.

    I am proud to say that in the four years since the onset of the surge of unaccompanied children and women from the Northern Triangle of Central America I have not had a single client ordered removed.

    I strongly urge my colleagues in the immigration law community to consider taking an unaccompanied minor case on a pro bono basis. Competent representation is a difference-maker that changes lives.
  2. Updated Guidance on the Implementation of Notice to Appear Policy Memorandum

    by , 07-30-2018 at 01:58 PM (Matthew Kolken on Deportation And Removal)
    Via USCIS:

    Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.

    Last Reviewed/Updated: 07/30/2018
  3. Video Project Called DREAMER Explores Life as a Light Skinned Latino

    by , 07-30-2018 at 01:16 PM (Matthew Kolken on Deportation And Removal)
    Via Latino Rebels:

    Over the summer, writer, actor, director and Emmy-winning producer Eddie Mujica let us know about his latest video project, called DREAMER.

  4. 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.
  5. 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.
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