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Matthew Kolken on Deportation And Removal

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  1. Supreme Court Issues Unanimous Decision on Acquisition of Citizenship at Birth

    by , 06-13-2017 at 09:00 AM (Matthew Kolken on Deportation And Removal)
    The Supreme Court has issued an immigration related decision (8-0) involving acquisition of citizenship at birth through your father holding that "the gender line Congress drew is incompatible with the Fifth Amendment’s requirement that the Government accord to all persons 'the equal protection of the laws.'" See Sessions v. Morales-Santana, June 12, 2017.

    The relevant facts and procedural history of the case:

    Respondent Luis Ramón Morales-Santana, who has lived in the United States since he was 13, asserts U. S. citizenship at birth based on the U. S. citizenship of his biological father, José Morales.José moved to the Dominican Republic 20 days short of his 19th birthday, therefore failing to satisfy §1401(a)(7)’s requirement of five years’ physical presence after age 14. There, he lived with the Dominican woman who gave birth to Morales-Santana. José accepted parental responsibility and included Morales-Santana in his household;he married Morales-Santana’s mother and his name was then added to hers on Morales-Santana’s birth certificate. In 2000, the Government sought to remove Morales-Santana based on several criminal convictions, ranking him as alien because, at his time of birth, his father did not satisfy the requirement of five years’ physical presence after age 14. An immigration judge rejected Morales Santana’s citizenship claim and ordered his removal. Morales* Santana later moved to reopen the proceedings, asserting that the Government’s refusal to recognize that he derived citizenship from his U. S.-citizen father violated the Constitution’s equal protection guarantee. The Board of Immigration Appeals denied the motion,but the Second Circuit reversed. Relying on this Court’s post-1970 construction of the equal protection principle as it bears on gender based classifications, the court held unconstitutional the differential treatment of unwed mothers and fathers. To cure this infirmity, the Court of Appeals held that Morales-Santana derived citizenship through his father, just as he would were his mother the U. S. citizen.

    Updated 06-13-2017 at 09:03 AM by MKolken

  2. Petition to Save Mother of 3 from Deportation

    by , 06-07-2017 at 07:39 AM (Matthew Kolken on Deportation And Removal)


    CLICK HERE to sign the petition.

    Minerva is a devoted, loving mother who has lived in North Carolina for the past 17 years. She first came to the United States seeking safety and special education for her oldest son who is blind as a result of complications from cancer. Minerva is the head of household for her 3 and 6 year old sons who are American citizens and her 21 year old son who has DACA.

    Since 2013, ICE has granted a routine stay of removal each year for Minerva and has given her permission to live in the United States. Minerva had her deportation suspended when she was granted prosecutorial discretion by the government several years ago, along with thousands of other people who were not a priority for deportation.

    Minerva has no criminal record and everything has remained the same in her case, with no changes. However, when Minerva met with ICE in Charlotte on May 25th, they ordered her to leave the country by June 30. Minerva is exploring legal options at this point, but is running out of time. Minerva needs you to sign the petition to stop her deportation and keep her and her children together and safe in North Carolina.

    Minerva tells her story in her own words:

    "My name is Minerva Garcia. I am the mother of four children, and I would do anything for them. I have lived in the United States for 17 years, and I have worked and paid taxes here. I own a home in Winston-Salem, NC. My oldest son is a Dreamer and my youngest two boys are American citizens. I have been ordered to leave the country at the end of June. Where I grew up, Guerrero, is one of the most dangerous places in Mexico.

    My oldest son is Eduardo. When he was 3 months old, he had cancer and was made blind. Guerrero was not safe, and there were no schools for him, so we came to the United States. My second son was Diego. Diego came with us to the United States, but when he was 9 years old he was diagnosed with leukemia. We had to fight cancer for a year and a half, and he died in 2007. My third son Antonio. He is here with me, and so is my baby, Mateo. They are three and six years old. They were born in the United States and are American citizens.

    I am a mother, and I have tried my whole adult life to be strong for my sons. I want them to grow up strong, kind, loyal, educated, and free. I know their best chance to be all of those things is to grow up here in North Carolina where they have always lived.
    If I am deported, Eduardo loses his mother's support and assistance, and I do not know what will happen to my sons. I fear they will not be safe. I fear they will not be free."

    Please help now by signing the petition to urge ICE to allow Minerva Cisneros Garcia to stay in the United States with her children.

    Updated 06-07-2017 at 07:45 AM by MKolken

  3. Prosecutors Protect Immigrants From Deportation For Minor Crimes

    by , 06-01-2017 at 10:01 AM (Matthew Kolken on Deportation And Removal)

    Via NPR:

    Prosecutors have wide latitude when negotiating plea deals. It typically depends on the facts of each case. In several U.S. cities now, prosecutors are using their discretion to protect defendants who are immigrants. They want to ensure that immigrants, whether here illegally or seeking citizenship, don't get deported for minor crimes. NPR's Richard Gonzales reports.
  4. SCOTUS Rules Consensual Sexual Conduct with Partner over 16 Not Sexual Abuse of a Minor

    by , 05-30-2017 at 12:32 PM (Matthew Kolken on Deportation And Removal)
    Esquivel-Quintana v. Sessions:

    In an 8-0 decision the Supreme Court has held that: In the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of “sexual abuse of a minor” requires the age of the victim to be less than 16.

    The facts and procedural history of the case are as follows:

    The case involved a citizen of Mexico and lawful permanent resident who pleaded no contest in California to a statutory rape offense that criminalizes the “unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator.” Cal.Penal Code Ann. §261.5(c). California defines “minor” as “a person under the age of 18.” §261.5(a). Based on this conviction, the Department of Homeland Security initiated removal proceedings under the Immigration and Nationality Act (INA), which makes removable “[a]ny alien who is convicted of an aggravated felony,” 8 U. S. C. §1227(a)(2)(A)(iii), including “sexual abuse of a minor,” §1101(a)(43)(A). An Immigration Judge ordered petitioner removed to Mexico. The Board of Immigration Appeals agreed that petitioner’s crime constituted sexual abuse of a minor and dismissed his appeal. A divided Court of Appeals denied his petition for review.
  5. Criminal Complaint Filed Against Trump Officials For Endangering Welfare of Children

    by , 05-30-2017 at 08:29 AM (Matthew Kolken on Deportation And Removal)
    Via immigration lawyer Bryan Johnson:

    “Mr. Kelly continues to knowingly detain child #1; child #2; and child # 3 in clear violation of 55 PA Code § 3800.283(7); 237 Pa. Code. 200.1(a); which, taken together, expressly prohibit placing non-delinquent children, non-dependent, or children under the age of 10 in a secure facility.

    In doing so, Mr. Kelly has caused each child severe and potentially fatal harm, including but not limited to causing children to suffer from 309.81 Post traumatic Stress Disorder, Delayed Onset, Chronic.; 309.81 Post traumatic Stress Disorder, Chronic; 309.28 [F43.23] Adjustment Disorder with Mixed Anxiety and Depressed Mood; Suicidal Ideation; and Suicidal Gestures.

    Mr. Kelly has and continues, through his agents in DHS and contracted staff at BCRC, to intentionally and unlawfully deprive children of sleep by flashing bright lights
    on their faces at 15 minute intervals from 8:30 pm to 6:30 am, a total of 40 interruptions in sleep per night, 280 interruptions in sleep per week; & 14,560 interruptions per year.”

    Click here to read the criminal complaint.
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