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Matthew Kolken on Deportation And Removal

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  1. Bay Area Residents Stuck in Immigration Detention File Class Action Lawsuit Against Sessions

    by , 03-28-2018 at 11:39 AM (Matthew Kolken on Deportation And Removal)
    FOR IMMEDIATE RELEASE
    March 27, 2018

    CONTACTS:
    Amalia Wille, Van Der Hout, Brigagliano & Nightingale, LLP, 415-821-8808, awil@vblaw.com
    Law Offices of Matthew H. Green, 520-882-8852, matt@arizonaimmigration.net
    Alison Pennington, Centro Legal de la Raza, 510-679-1608, apennington@centrolegal.org
    ACLU SoCal Communications & Media Advocacy, 213-977-5252,communications@aclusocal.org

    SAN FRANCISCO, Calif. — Two Bay Area fathers who have been detained for over six months at the Contra Costa West County Detention Facility in Richmond, California sued the federal government today in a class action lawsuit challenging their unlawful and prolonged detention.

    Plaintiffs Esteban Aleman Gonzalez of Antioch and Jose Gutierrez Sanchez of San Lorenzo are represented by Van Der Hout, Brigagliano & Nightingale, LLP, Centro Legal de la Raza, the Law Offices of Matthew H. Green, and the ACLU Foundations of California.

    Aleman Gonzalez and Gutierrez Sanchez were arrested by Immigration & Customs Enforcement (ICE) officers in the Bay Area in the fall of 2017. They are seeking protection in the United States, and asylum officers with the Department of Homeland Security have determined that both men have a reasonable fear of persecution or torture if deported. Because of this determination, the federal government does not have the authority to deport them.

    Nevertheless, the government has kept them in detention and refused to provide bond hearings – proceedings where immigration judges determine whether they can be released back to their families and lives. Both Aleman Gonzalez and Gutierrez Sanchez have young U.S. citizen children and are the primary providers for their families.

    “Esteban and Jose are part of our Bay Area community, and their families, including their children, are suffering while they remain detained,” said Alison Pennington, Senior Staff Attorney at Centro Legal de la Raza. “They are simply asking for the opportunity to show a judge that they should not be detained while they pursue their case. What the government is doing to them and to so many others should shock the conscience.”

    “When immigration judges refuse to provide these bond hearings, they are grossly misinterpreting federal law,” said Amalia Wille, attorney at Van Der Hout, Brigagliano & Nightingale, LLP. “The Ninth Circuit Court of Appeals has already decided that individuals like Aleman Gonzalez and Gutierrez Sanchez are entitled to bond hearings. Immigration judges are not free to ignore clear binding precedent. Just like all of us, they must follow the law.”
    In February of 2018, the Supreme Court ruled in Jennings v. Rodriguez that federal laws do not authorize bond hearings for certain immigration detainees. The Court remanded the case to the Ninth Circuit Court of Appeals to decide whether due process requires a bond hearing. Plaintiffs argue that this ruling, which dealt with a different group of immigrants detained under different laws, provides support for their case.

    “The Supreme Court’s recent decision strongly supports Esteban and Jose’s claims,” said Michael Kaufman, Sullivan & Cromwell Access to Justice Senior Staff Attorney with the ACLU Foundation of Southern California. “Jennings makes clear that the federal laws at issue here must be interpreted to require a hearing in cases of prolonged incarceration. This is a basic and fundamental due process protection.”

    Attorneys for the plaintiffs estimate the class size numbers in the hundreds. The class is comprised of people detained throughout the Ninth Circuit who have been or will be detained for six months pursuant to a particular immigration statute and denied a prolonged detention hearing before an immigration judge.

    “The federal government’s deportation machine is tearing families apart,” said Matthew H. Green, an immigration attorney representing the proposed class in today’s suit. “I see this every day. Time and time again, my clients are held in a cruel and unnecessary limbo while the government keeps them locked up and withholds their right to a hearing.”

    The suit was filed in the U.S. District Court for the Northern District of California.

    The complaint is here: https://www.aclunc.org/docs/20180327_AlemanGonzalez_V_Sessions_Complaint.pdf
    This press release is online here: https://www.aclunc.org/news/bay-area-residents-stuck-immigration-detention-file-class-action-lawsuit-against-sessions
    ###

    Updated 03-28-2018 at 02:04 PM by MKolken

  2. Tracking Immigration Court Outcomes by County of Residence

    by , 03-27-2018 at 01:07 PM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    Contrasting Outcomes in Top Five Counties in the Country


    There are stark contrasts in the typical outcome reached in Immigration Court cases for immigrants residing in different communities. Figure 1 and Table 1 illustrate these differences for the five counties in the country that had the most court cases completed over the period from October 2000 through February 2018. These five counties were: Los Angeles County (CA), Harris County (TX), Miami-Dade County (FL), Cameron County (TX), and Queens County (NY).



    Click here for more.
  3. For Profit Immigration Detention Center Sues City of Tacoma

    by , 03-27-2018 at 08:04 AM (Matthew Kolken on Deportation And Removal)
    Via the Associated Press:

    TACOMA, Wash. (AP) — The private company that runs a federal immigration detention center in Tacoma has sued the city, claiming that it passed an ordinance last month to restrict the facility from expanding out of disagreement toward federal immigration policy and not over land use issues.

    Florida-based GEO Group sued Tacoma in federal court Thursday, seeking to have the ordinance invalidated, The News Tribune reported.


    Click here for more.
  4. 179 Deaths in ICE custody from 2003 to 2018

    by , 03-23-2018 at 08:16 AM (Matthew Kolken on Deportation And Removal)
    There have been 179 deaths in ICE custody from October 1, 2003 to February 19, 2018.

    Via Capital and Main:

    Capital & Main’s new project, Deadly Detention, is intended to give names and faces to undocumented immigrants who have died in federal detention, and to explain how they met such sad fates in the country most had come to in search of better lives. It is a counterweight to ICE’s secrecy and comes as the Trump administration expands an already sprawling detention system to accommodate the growing number of immigrants caught up in its deportation surge.

    Click here to view their interactive map.
  5. My Platform if Elected to the AILA Board of Governors: Enhancement of Member Resources

    by , 03-21-2018 at 10:43 AM (Matthew Kolken on Deportation And Removal)
    I am a proponent of AILA providing resources to assist our members who wish to represent children, and the indigent in immigration custody, especially when competency is in play. I would like to see an expansion of the resources available, including the addition of CLE units for individuals willing to take a removal case (regardless of detention status) on a pro bono basis under the supervision of a more robust AILA mentoring program consisting of experienced litigators.

    Mentors could benefit from their participation by receiving CLE units in return for guiding individuals through the removal process. I would also like to see more immigration court 101 CLE opportunities made available, as well as advanced defense strategy seminars. The best way to increase the availability of quality representation is to provide support to those willing to learn.

    AILA should redouble its efforts combating mandatory detention, and the abuse of immigration detention by private prisons for financial gain. The biggest obstacle of due process is a detained client in a remote location. I would like to see a focus on providing members with resources to assist in the filing of litigation challenging the detention of immigrants for civil immigration law violations.

    With all that said, I am a supporter of my local not for profit, the Erie County Bar Association's Volunteer Lawyers Project, both financially, and by donating my time by providing pro bono representation for all of their unaccompanied minor cases. The mission statement of my small firm is to allocate 10% of my resources on a yearly basis providing pro bono representation, and mentoring to local attorneys in need of assistance before the immigration court. It would be nice if other members of AILA could be motivated to take a removal case on a pro bono basis, and have the confidence that if they choose to do so that they have enhanced resources readily available at their disposal to assist them. If elected I promise to fight to make this a reality.

    Updated 03-21-2018 at 12:21 PM by MKolken

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