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Matthew Kolken on Deportation And Removal

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  1. Army Chaplain who served in Afghanistan is fighting to save his Husband from Deportation

    by , 05-15-2018 at 06:07 AM (Matthew Kolken on Deportation And Removal)
    It appears from the article (if accurate) that there may have been multiple entries without inspection, an order of removal dating back to 2002, and a 2015 alcohol related driving conviction, which would make him a deportation priority. I'll continue to follow this story closely.



    Via Newsweek
    :

    A U.S. Army chaplain who served in Afghanistan is fighting to save his husband from deportation after he was arrested by Immigration and Customs Enforcement agents in Charlotte, North Carolina.

    Tim Brown, who lives in Sanford, said he had been assured by an ICE agent that his husband, Sergio Avila Rodriguez, would be safe from deportation since he was the spouse of a military officer at a routine appointment with immigration officers on April 18.

    "He said, 'Do you think we're going to arrest the spouse of an active-duty Army officer?'" Brown told Newsweek.

    That's why he was shocked to receive a call on Thursday, just over a month later, from his husband saying he had been arrested by ICE agents at what he thought would be just another routine meeting.


    Click here for more.

    Updated 05-15-2018 at 12:38 PM by MKolken

  2. USCIS Changing Policy on Accrued Unlawful Presence by Students and Exchange Visitors

    by , 05-14-2018 at 08:12 AM (Matthew Kolken on Deportation And Removal)
    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.

    This policy aligns with President Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States to enforce the immigration laws of the country and will go into effect on Aug. 9, 2018.

    “USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F, J, and M nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart, or to obtain another, lawful immigration status,” said USCIS Director L. Francis Cissna. “The message is clear: These nonimmigrants cannot overstay their periods of admission or violate the terms of admission and stay illegally in the U.S. anymore.”

    Individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:

    • The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
    • The day after their I-94 expired; or
    • The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).


    Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

    • The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
    • The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
    • The day after the I-94 expires; or
    • The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).


    Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States. Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.

    Those subject to the three-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are eligible for a waiver of inadmissibility or another form of relief.
    This policy memorandum is updating Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

    USCIS is accepting comments on the policy memorandum. The 30-day public comment period begins today and closes on June 11, 2018. For complete information on the comment process, visit the Policy Memoranda for Comment page.

    For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and Facebook (/uscis).
    - USCIS –
  3. There are 9 Immigration Judge Openings

    by , 05-04-2018 at 07:28 AM (Matthew Kolken on Deportation And Removal)
    There are 9 immigration judge vacancies in the following locations:

    • San Francisco, CA
    • Elizabeth, NJ
    • Philadelphia, PA
    • Conroe, TX
    • Seattle, WA
    • Stewart County, GA
    • Las Vegas, NV
    • Memphis, TN
    • Forth Worth, TX

    Pay Scale: $132,606 to $174,500 per year

    Applicants who have applied to previous Immigration Judge announcements and/or other locations must re-apply to this announcement to receive consideration for this location.

    If you are interested in a rewarding and challenging career, this is the position for you!

    This position is in the Executive Office for Immigration Review, Office of the Chief Immigration Judge. The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the EOIR is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

    EOIR consist of three adjudicatory components: the Office of the Chief Immigration Judge, which is responsible for managing the numerous immigration courts located throughout the United States where immigration judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of the immigration judges' decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases. EOIR is committed to providing the fair, expeditious, and uniform application of our Nation's immigration laws in all cases. EOIR's Headquarters is located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.

    More than one position may be filled from this vacancy announcement. Interested individuals may apply to more than one location.
  4. Justice Department Announces Additional Prosecutors and Immigration Judges For Southwest Border Crisis

    by , 05-03-2018 at 05:22 AM (Matthew Kolken on Deportation And Removal)
    Department of Justice
    Office of Public Affairs

    FOR IMMEDIATE RELEASE
    Wednesday, May 2, 2018

    Attorney General Jeff Sessions today announced the dedication of additional prosecutors to handle the prosecutions of improper entry, illegal reentry, and alien smuggling cases, and additional immigration judges to handle the adjudication of immigration court cases that result from the crisis at the Southwest border.

    Thirty-five new Assistant United States Attorney (AUSA) positions have been allocated to U.S. Attorney’s Offices along the Southwest border. The breakdown of those positions is as follows:


    “The American people made very clear their desire to secure our borders and prioritize the public safety and national security of our homeland,” said Attorney General Jeff Sessions. “Promoting and enforcing the rule of law is essential to our republic. By deploying these additional resources to the Southwest border, the Justice Department and the Trump Administration take yet another step in protecting our nation, its borders, and its citizens. It must be clear that there is no right to demand entry without justification.”

    Due to a recent increase in the number of apprehensions at the Southwest border, the new AUSA positions announced today will assist in the prosecutions of illegal reentry (8 U.S.C. § 1326), alien smuggling (8 U.S.C. § 1324), and improper entry (8 U.S.C. § 1325) pursuant to the Justice Department’s “Zero-Tolerance Policy” announced by Attorney General Sessions on April 6, 2018 and its prior April 11, 2017 directive to AUSAs to prioritize charging immigration offenses.

    In addition to the new AUSA positions, Attorney General Sessions and Executive Office for Immigration Review (EOIR)Director James McHenry announced the utilization of 18 current supervisory immigration judges to adjudicate cases in immigration courts near the southwest border. The supervisory immigration judges will hear cases in-person and use video teleconferencing (VTC) to handle cases at immigration courts and represent a roughly 50 percent increase in the current number of immigration judges:


    “The Justice Department, under Attorney General Jeff Sessions, has made significant reforms and progress in tackling the overwhelming backlog in the immigration court system,” said EOIR Director James McHenry. “We must not let attempts to undermine our lawful immigration system deter that progress, and the men and women at EOIR are proud to play a small role in the Attorney General’s response to the crisis at our Southwest border.”

    Between March and September 2017, EOIR mobilized over one hundred immigration judges to Department of Homeland Security detention facilities across the country, including along the Southwest border. In October, EOIR projected that the mobilized immigration judges—hearing both in-person and VTC cases—completed approximately 2,700 more cases than expected if the immigration judges had not been detailed.
  5. 4 Studies Show Illegal Immigration Does Not Increase Violent Crime

    by , 05-02-2018 at 12:51 PM (Matthew Kolken on Deportation And Removal)
    Via NPR:

    "The Trump administration regularly asserts that undocumented immigrants are predatory and threaten public safety. Immigrant advocates say that talk demonizes an entire class of people.

    Now, four academic studies show that illegal immigration does not increase the prevalence of violent crime, or drug and alcohol problems. In the slew of research, motivated by Trump's rhetoric, social scientists set out to answer the question: are undocumented immigrants more likely to break the law?"

    Click here for more.

    Updated 05-02-2018 at 12:57 PM by MKolken

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