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Matthew Kolken on Deportation And Removal


  1. President Obama's Empty Immigration Reform Promises

    by , 12-01-2009 at 05:22 AM (Matthew Kolken on Deportation And Removal)
    Am I the only skeptical of President Obama's empty promise of immigration reform in an election year? The way I see it, the President squandered his early popularity and political capital, and is now giving lip service to an issue that he promised to address right out of the gates when asking for our votes.

    It was one of the hallmarks of his campaign and was the carrot dangled to woo the coveted Hispanic vote as well as being an integral part of the "Change" we believed in. With the promise of immigration reform in year-one officially broken we are now supposed to believe that it will happen in 2010 with the mid-term elections looming above. As they say fool me once shame on you, fool me twice shame on me.

    The reason I am so skeptical about the President's sincerity of seriously addressing the issue of comprehensive immigration reform is that actions speak louder than words. So let us look at President Obama's actions.

    It has been reported that President Obama's aunt is facing deportation and the President has turned his back on her. The facts are that the man's own flesh and blood is disabled, and learning to walk again as a result of an autoimmune disorder while facing the threat of removal from the United States, and yet as the leader of the "Free World" he has done absolutely NOTHING in the entire first year in office to address a concern that literally affects millions of individuals in this country, let alone his own family member.

    It is simply unconscionable that a man who has the power of the Executive Branch at his disposal, which ironically includes the very agency that threatens to forcibly remove his elderly, and handicapped family member, is willing to let her fate run its ordinary course. His words not mine. If it were my aunt, she would deserve better.

    Mr. President, your complete inaction on immigration reform speaks volumes of your character, and is simply shameful, especially considering how this issue personally affects you. If you were my relative I would return the favor and turn my back to you. As an ordinary citizen and immigration advocate I am forced to merely turn my back on your Presidency. Bring on 2012.

    "Zeituni Onyango (zay-TUH'-nee awn-YAHN'-goh) told The Associated Press in an exclusive interview that she is troubled that her immigration woes have made her a political liability to her nephew."

    "Onyango said she previously had no trouble visiting Obama when he was state senator in Illinois or after he became U.S. senator, though she declined to discuss details of how often she had contact with Obama and his family."

    "She is disabled and learning to walk again after being paralyzed for more than three months due to an autoimmune disorder called Guillain-Barre syndrome." ~Associated Press

    Updated 07-29-2015 at 08:14 AM by MKolken

  2. A little taste of what immigrants being held in the Stewart Detention Center are forced to endure.

    by , 11-25-2009 at 05:25 AM (Matthew Kolken on Deportation And Removal)
    The following video will give you a little taste of what the individuals who are being housed in Stewart have to endure prior to their deportation. As has been pointed out in the video, the legal issue of deportation in most instances is a civil matter, which does not involve the imposition of jail time, and yet these people are housed like hardened criminals.

    Detention facilities across the country have varying quality standards. Although I have not been to the Stewart Detention facility, I regularly attend hearings in detention facilities and I am often shocked by the inhumane conditions that my clients are forced to endure while fighting to remain in the

    Updated 04-12-2016 at 12:01 PM by MKolken

  3. BIA Decision: Clarification of Voluntary Departure Requirements

    by , 11-20-2009 at 12:06 PM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals has just issued a decision entitled Matter of Catherine VELASCO, 25 I&N Dec. 143 (BIA 2009).
    The Board has ruled that:
    (1) The voluntary departure regulations at 8 C.F.R. 1240.26(c)(4), Nt. (2009), which took effect on January 20, 2009, and superseded Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006), do not apply retroactively.
    (2) Where an Immigration Judge granted voluntary departure prior to January 20, 2009, and the alien failed to timely post the voluntary departure bond required by section 240B(b)(3)of the Immigration and Nationality Act, 8 U.S.C. 1229c(b)(3) (2006), the former regulatory scheme, as interpreted in Matter of Diaz-Ruacho, remains applicable, and the penalties imposed by section 240B(d)(1) for failure to depart within the voluntary departure period do not apply.
    (3) Pursuant to 8 C.F.R. 1240.26(c)(3)(ii), Nt., a voluntary departure order entered by an Immigration Judge on or after January 20, 2009, will not be reinstated by the Board of Immigration Appeals in its final order on appeal unless the alien provides the Board, within 30 days of filing the appeal, sufficient proof that the voluntary departure bond was timely posted with the Department of Homeland Security.
  4. Immigration Officials to Audit 1,000 More Companies

    by , 11-20-2009 at 04:47 AM (Matthew Kolken on Deportation And Removal)
    The New York Times has reported that Immigration enforcement officials intend to expand the E-Verify auditing program to companies the Department of Homeland Security suspects to have engaged in the unlawful hiring of undocumented workers.
    The Times reports that 1,000 companies have been targeted for a review, and that a spokesperson of Immigration and Customs Enforcement (ICE) remarked that this initiative is part of President Obama's strategy to address companies that engage in illegal hiring practices.
    "ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," John Morton - Head of Immigration and Customs Enforcement. Neither the Times, nor Morton identified the companies who will be targeted by the expansion of E-Verify.
    Matthew L. Kolken, Esq.
  5. BIA remands to Immigration Court for a determination if an individual presents a potential danger

    by , 11-19-2009 at 07:42 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals has just issued a precedent decision entitled: Matter of Urena, Interim Decision #3663, 25 I&N Dec. 140 (BIA 2009).
    The Board ruled that:

    (1) Dangerous aliens are properly detained without bond pending the completion of proceedings to remove them from the United States;
    (2) Only if an alien has established that he would not pose a danger to property or persons should an Immigration Judge decide the amount of bond necessary to ensure the alien's presence at proceedings to remove him from the United States; and 
    (3) Where an Immigration Judge characterized an alien seeking release from custody as a "potential" danger to the community but ordered him released upon the posting of a bond amount, the record was remanded for the Immigration Judge to clarify whether the alien met his burden of proving that his release on bond would not pose a danger to property or persons.
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