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Matthew Kolken on Deportation And Removal

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  1. BIA Decision: unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health is equal to child abuse

    by , 11-18-2010 at 09:37 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals (BIA) has issued the following precedent deicion: Matter of Dency Epen SORAM, 25 I&N Dec. 378 (BIA 2010).
    The case invovled a citizen of the Federated States of Micronesia who was convicted by plea of guilty to the crime of "child abuse--no injury--knowingly or recklessly" in violation of sections 18-6-401(1) and (7)(b)(I) of the Colorado Revised Statutes.
    The BIA held that:
    The crime of unreasonably placing a child in a situation that poses a threat of injury to the child's life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2006), even though no proof of actual harm or injury to the child is required. Matter of Velazquez-Herrera, 24 I&N Dec. 503 (BIA 2008), clarified.
    Click here to read the full decision.
    Kolken & Kolken
  2. College student body president admits he's an undocumented immigrant

    by , 11-18-2010 at 07:52 AM (Matthew Kolken on Deportation And Removal)
  3. 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.

  4. 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.
  5. 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.
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