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Matthew Kolken on Deportation And Removal


  1. Board of Immigration Appeals decision: Matter of Raul CARRILLO, 25 I&N Dec. 99 (BIA 2009)

    by , 10-22-2009 at 08:56 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals has just ruled in Matter of Raul CARRILLO, 25 I&N Dec. 99 (BIA 2009) that in determining whether an alien whose status was adjusted pursuant to section 1 of the Cuban Refugee Adjustment Act of November 1, 1966, Pub. L. No. 89-732, 80 Stat. 1161, is removable as an alien who has been convicted of a crime involving moral turpitude committed within 5 years after the alien's "date of admission," the admission date is calculated according to the rollback provision of section 1, rather than the date adjustment of status was granted.

    The case involves a Green Card holder from Cuba who initially came to the United States and was paroled into the country on March 4, 1999. He obtained his Green Card on January 30, 2001, through the Cuban Refugee Adjustment Act.

    On June 6, 2005, Mr. Carrillo was convicted on four counts of grand theft, third degree, in the State of Florida.  His conviction is a crime involving moral turpitude that would render him deportable if it occurred within five years of his lawful admission to the United States. 

    The issue argued at trial was whether the conviction occurred less than five years after Mr. Carrillo's admission into the United States.  Mr. Carrillo's lawyer argued that the effective date of his admission to the United States was March 4, 1999, the date of his parole, rather than January 30, 2001, the date on which he was granted a Green Card through adjustment of status as a result of the "rollback" provision of the Cuban Adjustment Act.

    The Immigration Judge didn't buy the argument and ordered Mr. Carrillo's removal.  Mr. Carrillo appealed, and the Board overruled the Immigration Court finding that under the Cuban Adjustment Act the "date of admission" is calculated from the date of parole into the United States, and not the date of his adjustment. 

    Mr. Carrillo owes a debt of gratitude to his lawyer, Keith C. Williams, Esquire, Naples, Florida.  Great Job Mr. Williams! Now we can only hope that Mr. Carrillo won't stand before another Judge in the United States again.
    Matthew Kolken, Esq.
  2. Sheriff Joe Arpaio on CNN's Rick Sanchez Show

    by , 10-20-2009 at 05:57 AM (Matthew Kolken on Deportation And Removal)


  3. Immigration Point, Counterpoint: 287(g)

    by , 10-19-2009 at 06:39 AM (Matthew Kolken on Deportation And Removal)
    Section 287(g) of the Immigration and Nationality act calls for a law enforcement partnership between State and Federal law enforcement agencies with respect to the performance of immigration officer functions by state officers and employees. Simply put, 287(g) delegates federal immigration enforcement authority to state and local agencies.

    The Obama administration has announced the recent expansion of the scope of the 287(g), issuing standardized Memorandums of Agreement (MOAs) with 67 state and local law enforcement agencies to participate in 287(g) partnerships.

    This has caused an uproar from immigration rights groups. Opponents of 287(g) argue that the law results in racial profiling and violations of due process, and lacks sufficient oversight.

    Joanne Lin, ACLU Legislative Counsel, has responded to Obama's announced expansion of 287(g) stating that:[INDENT][FONT=Arial]
    "ICE's announcement on 287(g) makes no mention of any oversight, monitoring, or accountability mechanisms to address racial profiling and other civil rights violations - and no commitment to address these very real problems.*Instead, ICE has actually re-authorized agencies that have abused their authority, including the Maricopa County Sheriff's Office. Disregarding civil rights, breaking bonds between immigrant communities and the police and failing to intelligently prioritize enforcement will only make all of us worse off. ICE should terminate the program immediately."

    Updated 04-12-2016 at 11:35 AM by MKolken

  4. Second Circuit Decision: Lin v. Holder (07-5791-ag)

    by , 10-16-2009 at 03:00 AM (Matthew Kolken on Deportation And Removal)
    The U.S. Court of Appeals for the Second Circuit has overturned the denial of an asylum application of maternity nurse that was previously employed in China by a state general hospital that performed forced abortions pursuant to China's family planning policy.  See Lin v. Holder, Oct. 14, 2009.
    From 2002 to 2005, Lin was employed in the obstetrics and gynecology department of the state-run "People's Number One Hospital" in China. Her duties did not include participation in forced abortion procedures, but she was charged with the responsibility for providing incidental care for the woman who were forced to abort their child. The record reflected that Lin merely participated in examinations to determine if a forced abortion could be performed without threatening the life of the mother. 
    The Immigration Judge denied asylum on the ground that Lin's employment in a hospital that performed forced abortions defined her as a "persecutor" and she was therefore statutorily ineligible for asylum or withholding of removal under the Immigration and Nationality Act.
    The Second Circuit addressed the issue of whether Lin's employment as a nurse in China amounted to "assistance or participation" in persecution which would render her ineligible for asylum or withholding of removal under the INA's "persecutor bar."  The Court concluded that it did not.
  5. BIA Precedent Decision: Matter of Garcia-Garcia

    by , 10-15-2009 at 05:31 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals (BIA) has just issued a precedent decision, Matter of GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657.  The case involves the issue of whether an Immigration Judge is authorized to ameliorate a condition placed on an individual by the DHS when the individual is released from immigration custody.  
    The Department argued that 8 C.F.R. 1236.1(d)(1) does not give an Immigration Judge authority to ameliorate the conditions placed by the DHS on an alien's release from custody, and that pursuant to the regulation, the Immigration Judge is only authorized "to detain the alien in custody, release the alien, and determine the amount of bond, if any, under which the respondent may be released."
    The Respondent countered with the argument in support of the IJ's decision that the final sentence in 8 C.F.R. 1236.1(d)(1) affords the Immigration Judge authority to ameliorate the terms of release imposed on an alien's release by the DHS.
    The Board ruled that:
    (1) An Immigration Judge has authority under section 236(a)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. 1226(a)(2)(A) (2006), and 8 C.F.R. 1236.1(d)(1) (2009) to review and consider whether to modify the conditions of release imposed on an alien by the Department of Homeland Security ("DHS"); and
    (2) Where the respondent filed an application with the Immigration Judge to ameliorate the terms of release within 7 days of his release from custody by the DHS, the Immigration Judge had jurisdiction to review and modify the condition placed on the respondent's release that he participate in the Intensive Supervision Appearance Program.
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