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Matthew Kolken on Deportation And Removal

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  1. Study: 31% of All Immigration Cases Rejected by Immigration Courts because ICE Seeking to Deport people who aren't Deportable

    by , 11-12-2010 at 05:56 AM (Matthew Kolken on Deportation And Removal)
    The Transactional Records Access Clearinghouse (TRAC), a nonpartisan data gathering, data research and data distribution organization at Syracuse University, has reported that there has been an exponential increase of rejected deportation cases by Immigration Courts.
    TRAC's report includes the following findings:

    During the last three months of FY 2010, the rejection rate of ICE requests for removal (deportation) was nearly one out of three or 31 percent. This turndown rate is up from what it was -- one out of every four -- 12 months earlier.
    For all of FY 2010, some courts turned down ICE removal requests more than half of the time. Among them were the Immigration Courts in New York City (70% turned down), Oregon (63% turned down), Los Angeles (63% turned down), Miami (59% turned down) and Philadelphia (55% turned down).
    Considering the records for the last five years, the information shows that the number of those cases where ICE sought a removal that the courts then determined were not subject to deportation because the individuals were entitled to reside in the United States was considerable, more than a quarter of a million individuals.

    Looks like the Obama administration is being just a tad (31%) overzealous in reaching their 400,000 deportations per year mandate.
    Click here to read the entire report.

  2. Study: In New York City Most Dangerous Criminals Less Likely to be Deported than Low Level Offenders

    by , 11-12-2010 at 05:42 AM (Matthew Kolken on Deportation And Removal)
    Justice Strategies, a prisoner advocacy group based in New York, has analyzed statistics that show that in New York City the Obama administration is not targeting the most dangerous criminals for deportation, as they have claimed.
    The study concludes that noncitizen prisoners that have been accused of misdemeanors are identified for deportation more often than individuals charged with felonies. Moreover, individuals that have been charged with lower-level felonies were identified for deportation more often than those charged with more serious crimes.
    The report's findings include:

    In New York City there is no correlation between ICE detainer issuance and the severity of a criminal charge.
    Over half of ICE detainers are issued within one day, indicating that the screening process is not investigative.
    Controlling for race and offense level, noncitizens with a drug-related top charge and an ICE detainer spend 73 days longer in jail before being discharged, on average, than those without an ICE detainer.
    Noncitizens with an ICE detainer are effectively barred from pre-trial release on bail, no matter the offense level.

    Click here to read the entire report.
  3. Two More Immigrants Die in Immigration Detention

    by , 11-10-2010 at 05:50 AM (Matthew Kolken on Deportation And Removal)
    Immigration and Customs Enforcement (ICE) has issued a pair of press releases announcing the deaths of two immigrants in immigration detention.
    The first individual, Antonio Gomez-Hernandez, was a 66-year-old Mexican national.  Mr. Gomez-Hernandez died on November 5, 2010 at a Chicago area hospital from liver failure.  He had been in ICE custody since October 14, 2010.
    The second individual, John Sterling, was 54-year-old Jamaican national that was being held by U.S. Immigration and Customs Enforcement (ICE) pending removal from the United States.  Mr. Sterling's death was caused by organ failure associated with T-cell lymphoma.  Mr. Sterling had been in ICE custody since Dec. 3, 2009.  It would be interesting to know whether he received proper medical treatment in the 11 months that he was held in ICE custody prior to his death, and whether his prolonged incarceration was a contributing factor.
    My condolences go out to the families of these two individuals.
  4. 23 New Immigration Judges Sworn in

    by , 11-09-2010 at 12:36 PM (Matthew Kolken on Deportation And Removal)
    EOIR Press Release:
    The Executive Office for Immigration Review
    Swears in 23 New Immigration Judges
    Judge Corps Reaches 262 Serving in 59 Immigration Courts
    FALLS CHURCH, Va. - Acting Deputy Attorney General Gary Grindler invested 23
    new immigration judges during a ceremony held at the Executive Office for Immigration
    Review's (EOIR) headquarters on Nov. 5, 2010.
    Attorney General Eric Holder appointed Silvia R. Arellano, Jerry A. Beatmann Sr.,
    Jesse B. Christensen, Steven J. Connelly, Philip J. Costa, V. Stuart Couch, Thomas G. Crossan Jr.,
    Leo A. Finston, Saul Greenstein, Amy C. Hoogasian, Stuart F. Karden, F. James Loprest Jr.,
    Lisa Luis, Joren Lyons, H. Kevin Mart, Sheila McNulty, Maureen S. O'Sullivan, Daniel J.
    Santander, Alice Segal, Andrea H. Sloan, Dan Trimble, Eileen R. Trujillo, Clarence M. Wagner
    Jr., and Virna A. Wright to these important public service positions. Andrea H. Sloan entered on
    duty on Oct. 24, 2010, but was unable to attend Friday's ceremony.
    "We have made great progress since we began our robust immigration judge hiring
    initiative earlier this year," said Chief Immigration Judge Brian M. O'Leary. "These new
    immigration judges bring the judge corps of our 59 immigration courts to 262, and we expect to
    further enhance the corps by additional immigration judges before the end of the calendar year."
    The hiring process for most of these new immigration judges began in December 2009. After initial screening, EOIR's human resources section referred 1,782 applications to the Office
    of the Chief Immigration Judge. Four panels of assistant chief immigration judges screened the
    applications for the following criteria: ability to demonstrate the appropriate temperament to
    serve as a judge; knowledge of immigration laws and procedures; substantial litigation
    experience, preferably in a high-volume context; experience handling complex legal issues;
    experience conducting administrative hearings; and knowledge of judicial practices and
    procedures. The most highly recommended candidates were selected for interviews. Top candidates were then referred for a second review and interview by a panel of senior Department
    of Justice officials. The Attorney General made the final selections.
    The new immigration judges will preside in the immigration courts in Florence, Ariz.;
    Los Angeles and San Francisco, Calif.; Denver, Colo.; Miami and Orlando, Fla.; Lumpkin, Ga.;
    Honolulu, Hawaii; Chicago, Ill.; Oakdale, La.; Charlotte, N.C.; Newark, N.J.; Batavia and New
    York, N.Y.; Portland, Ore.; and Houston and Pearsall, Texas.
    To view their biographies, please click here.
    -- EOIR --

  5. Report: Obama Administration has lost the ability to fully control Immigration Enforcement

    by , 11-09-2010 at 11:34 AM (Matthew Kolken on Deportation And Removal)
    Michele Waslin, Ph.D., of the Immigration Policy Center has released a report entitled ICE's Enforcement Priorities and the Factors That Undermine Them.  The report reviews ICE's enforcement priorities and their implementation.
    "As part of its strategy to gain support for comprehensive immigration reform, the administration has continually touted its enforcement accomplishments. In fact, over the last two years, the Obama administration has committed itself to a full-court press to demonstrate how committed the administration is to removing criminals and others who remain in the country without proper documentation.They have continued to use the enforcement programs of the previous administration, including partnering with state and local law enforcement agencies to identify, detain, and deport immigrants. However, in doing so, they have lost the ability to fully control their own enforcement priorities and enforcement outcomes, and the results have demonstrated that the state and local partners are not necessarily committed to the same priorities." -Michele Waslin, Ph.D.
    Click here to read the report.
    Kolken & Kolken
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