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Matthew Kolken on Deportation And Removal

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  1. Matthew Kolken on FOX & Friends

    by , 03-03-2017 at 08:00 AM (Matthew Kolken on Deportation And Removal)
    I appeared on FOX & Friends. Here is the footage for those who missed it:

    Updated 03-03-2017 at 08:51 AM by MKolken

  2. Atlanta Immigration Court Makes a Mockery of Justice

    by , 03-02-2017 at 11:52 AM (Matthew Kolken on Deportation And Removal)
    This will come as no surprise to any of the regular readers of this blog, but to those new to the table, the immigration "court" in Atlanta is a problem.

    The Southern Poverty Law Center reports that "Atlanta Immigration Court judges are failing to uphold ethical standards that ensure immigrants receive fair and impartial treatment – failures that warrant an investigation, according to the findings of a project by the Southern Poverty Law Center SPLC and Emory University School of Law."

    A letter was forwarded to the Executive Office for Immigration Review (EOIR) documenting prejudicial statements, a lack of courtesy and professionalism, a disinterest in proceedings, hostility towards immigrants, a disregard for legal arguments and standards, and a 98% denial rate on asylum applications, among others.

    Examples included:

    Immigration Judge Jonathan Pelletier responded to a courtroom discussion between attorneys about a point of law by saying, “I won’t listen” – indicating a disregard for the basic principles of law. Nearly all observers of Judge Earle Wilson’s courtroom reported that during hearings he routinely leaned back in his chair, placed his head in his hands and closed his eyes. He held this position for more than 20 minutes as a woman seeking asylum described the murders of her parents and siblings.

    Click here
    to read the letter.

    Updated 03-02-2017 at 02:48 PM by MKolken

  3. Lawsuits Challenging the Jailing of Immigrants Jump

    by , 03-01-2017 at 06:20 AM (Matthew Kolken on Deportation And Removal)
    Figure 1. Habeas Corpus Filings in Federal District Court Challenging Confinement of Noncitizens

    Via Syracuse University's TRAC:

    Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 24.4 percent over the previous month when the number of civil filings of this type totaled 135.

    Table 1. Habeas Corpus - Noncitizen Detainee Civil Filings
    Number Latest Month 168
    Percent Change from previous month 24.4%
    Percent Change from 1 year ago 57.7%
    Percent Change from 5 years ago 76.0%
    The comparisons of the number of civil filings for habeas corpus - noncitizen detainee-related suits are based on case-by-case court records which were compiled and analyzed by TRAC (see Table 1).

    When monthly 2017 civil filings of this type are compared with those of the same period in the previous year, their number was up (57.7%). Civil filings for January 2017 are also higher than they were for the same period five years ago. Overall, the data show that civil filings of this type are up 76.0 percent from levels reported in January 2012 (see Figure 1). The one-year and five-year change comparisons are based upon a six-month moving average so that natural fluctuations are smoothed out.


    Click here for the full report.

    Updated 03-01-2017 at 08:50 AM by MKolken

  4. President Trump Continues to Protect Undocumented Immigrants with DACA

    by , 02-22-2017 at 08:02 AM (Matthew Kolken on Deportation And Removal)
    Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.

    From the memorandum:

    With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."

    It should be noted that the November 20, 2014 memorandum was enjoined by a U.S. District Court Judge.

    What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.

    I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.

    There is always a silver lining.

    Updated 02-22-2017 at 08:17 AM by MKolken

  5. Border Patrol Agents in Buffalo Arrest 7 in U.S. Illegally

    by , 02-16-2017 at 09:24 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    February 16, 2017


    Grand Island, N.Y.
    – On February 14, 2017, U.S. Border Patrol received an anonymous call that there were 12-20 illegal immigrants at an address on Long Rd. In response, agents assigned to the Buffalo Border Patrol Station increased patrols in the area.
    Border Patrol agents arrest subjects
    illegally present in the U.S.
    During the increased patrols, agents observed two vans containing multiple occupants in the area. Both vans pulled into a local food chain restaurant on Grand Island Boulevard. One of the vans parked and the other van went through the drive through. Agents initiated a consensual encounter with the subjects in the parked van who exited to go inside the restaurant. Two of the subjects attempted to flee on foot but were apprehended a short time later at a local drug store. A total of four subjects exited the vehicle; all were questioned by agents and determined to be illegally present in the United States.

    Other agents initiated a vehicle stop on the second vehicle as it exited the drive through. That vehicle contained six subjects; three of the subjects were determined to be in the country illegally. One subject was determined to be a United States citizen, he was identified and released at the scene.

    All subjects, with the exception of the United States citizen, were taken to the Buffalo Border Patrol Station for processing. Another subject claimed to be a lawfully admitted permanent resident but did not have his card present with him. Once at the station, his identity as a lawful permanent resident was confirmed and he was released. A third subject was found to have been registered as a Deferred Action for Childhood Arrivals (DACA); therefore, he was also released.
    Initial records checks on one of the subjects from Mexico revealed that he was a convicted sex offender in 2008 in North Carolina. He was deported shortly after his conviction and re-entered the United States sometime thereafter.

    A total of seven male subjects, five from Mexico and two from Honduras, are being held for immigration proceedings.

    The Border Patrol welcomes information regarding suspected illicit activity, and can be contacted 24/7 at 1-800-331-0353.

    U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.



    Last published:
    February 16, 2017

    Updated 02-16-2017 at 09:26 AM by MKolken

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