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Matthew Kolken on Deportation And Removal

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  1. Judge Blocks Portions of Arizona Immigration Law

    by , 07-30-2010 at 07:36 AM (Matthew Kolken on Deportation And Removal)


  2. Board of Immigration Appeals Decision regarding establishing eligibility for adjustment of status

    by , 07-29-2010 at 05:06 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals (BIA) has just reaffirmed its previous decision in Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980).  The BIA held that: For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a) (2006), an alien seeking to show that he or she has been "admitted" to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. See Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010).
  3. President Obama has been too busy deporting immigrants to address immigration reform

    by , 07-28-2010 at 08:13 AM (Matthew Kolken on Deportation And Removal)
    The first eighteen months of the Obama Presidency have come and gone, and
    the President has yet to address immigration reform.  That being said,
    the President has assured us that he WILL address immigration reform. 
    Not now, but soon. So we should all just be patient.  Our time will
    come.  Not now, but soon. 



    What the President means by "soon" is not in 2010.  No, no, not in
    2010.  There is an election in 2010, and Nancy Pelosi must shield her
    Democrats from any more controversial votes before the mid-term
    elections or risk losing the House.  As for Harry Reid, he is hanging on
    by a thread in Nevada, so you can forget about the Senate taking the
    lead. 



    No, soon means some time in 2011, or maybe in 2012.  Well, not in 2012. 
    There is a big election in 2012, and we all know what happens if you
    address immigration reform in an election year (see 2010).  As for 2011,
    keep your fingers crossed that the Democrats don't lose the House or
    you can forget about it.



    In fairness, President Obama hasn't had the time to address immigration
    reform in his first year in office.  He has obviously been very busy
    since getting elected.



    Busy deporting more undocumented immigrants than George W. Bush did in any single year in office...



    Busy covering up abuses of immigrant detainees...



    ...and busy raiding businesses that employ United States citizen
    workers, and also provide jobs to the very people who are patiently
    waiting for him to make immigration reform a "top priority" (as
    promised).



    I don't know about you but I have had enough of being patient.  As an
    attorney in the trenches of the immigration war I have had enough of
    having to tell a parent, spouse, or child that their family member is
    getting deported because of the Obama administration's mandate to deport
    400,000 people in Fiscal Year 2010.



    I'm tired of having to explain to my clients that the President has
    turned his back to the Hispanic electorate after he got their votes
    because their family isn't important enough to be a "top priority" (as
    he promised).



    In most instances the people President Obama has deported must wait 10
    years before they will be eligible to return to the United States.
    Should their United States citizen family members just be patient while
    their family is destroyed by the deportation of their loved-one?  Should
    a child just be patient while they grow up without their mother or
    father?  Should innocent children who have known no other country but
    the United States be patient and put their dream of an education on hold
    while the President decides what "soon" is.



    The time for being patient has come and gone like a broken Obama campaign promise.



    There is no single campaign promise that President Obama has broken that
    has more of an impact on the immediate daily lives of Americans,
    because for every one of the estimated 11 million undocumented aliens in
    this Country there are countless U.S. citizens who will lose their
    parent, spouse, or child to deportation. 



    If people only understood the importance of immigrants to the financial
    security of the United States they would not be so dismissive of the
    issue of comprehensive immigration reform, and they would not callously
    ask for our patience.  If only they could see that immigrants are people.



    Soon is now Mr. President.



    We have lost our patience.
  4. Courts Differ About Retroactive Effect of High Court Counsel Ruling

    by , 07-28-2010 at 05:21 AM (Matthew Kolken on Deportation And Removal)
    Looks like the United States Supreme Court wasn't clear enough in their decision in Padilla v. Kentucky(pdf).  In Padilla, 130 S. Ct. 1473 (2010), the Court ruled that a criminal defendant must be advised by their lawyer of the immigration consequences of entering a plea of guilty, and that a failure to inform constitutes ineffective assistance of counsel.Noeleen G. Walder, of the New York Law Journal has reported that Manhattan Criminal Court Judge Abraham Clott  has declined to give retroactive effect to Padilla, "at least with respect to a misdemeanor conviction."Judge Clott ruled that: "This Court concludes that in Padilla the Supreme Court
    announced a new rule of criminal procedure rather than applied settled
    law to a new set of facts and that the Padilla rule is not a 'watershed'
    change that must be applied retroactively to cases on collateral
    review," People v. Kabre, 2002NY029321, 2003NY021859, 2004NY017122.Conversely, Bronx Criminal Court Judge Lynn R. Kotler ruled that it did.  See People v. Bennett, 2010 WL 2089266.Apparently, the Supreme Court has more work to do.Click here to read the entire New York Law Journal article.
  5. CNN Report: Americans wrongfully deported

    by , 07-27-2010 at 11:33 AM (Matthew Kolken on Deportation And Removal)
    "Researchers say that every day, an American is wrongfully deported, and some worry the problem could get worse." -CNN.com
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