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Matthew Kolken on Deportation And Removal

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  1. Board of Immigration Appeals Decision regarding submission of supporting documents.

    by , 06-30-2010 at 04:26 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals has ruled that when an application for relief is timely filed but supporting documents are not submitted within the time established, the Immigration Judge may deem the opportunity to file the documents to be waived but may not deem the application itself abandoned. See Matter of Jesus INTERIANO-ROSA, 25 I&N Dec. 264 (BIA 2010).It should be noted that the Department of Homeland Security did not file a brief in opposition of the Respondent's appeal, and the Board remanded the case back to the Immigration Court in Boston for further proceedings.
  2. Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals

    by , 06-29-2010 at 10:37 AM (Matthew Kolken on Deportation And Removal)
    Our client is a citizen of Jamaica. He is married to a United States
    citizen and he and his wife have one child who was born in the United
    States. He and his wife own and operate a small business.


    He entered the United States in 2002 at the Virgin Islands as
    a visitor with a valid visa. Unfortunately, he overstayed and
    attempted to enter the United States mainland using a photo substituted
    driver's license.

    Thereafter, Immigration Court proceedings were instituted against him.
    He retained another lawyer to represent him before the Immigration
    Court. He then married and his wife filed a Petition for Alien Relative
    on his behalf, which was approved, and he applied for his green card
    before the Immigration Judge.
    The Immigration Judge denied his application for adjustment of status
    on the basis that he was not statutorily eligible to apply because
    there was insufficient income in the affidavit of support filed on his
    behalf. The Immigration Judge then ordered him deported and denied his
    application for voluntary departure.

    At this point we were retained.
    We filed a timely Notice of Appeal to the Board of Immigration
    Appeals which stayed his deportation. We prepared and submitted a legal
    brief on his behalf showing that the affidavit of support submitted
    indicated that the total household income was sufficient to meet the
    125% of the Poverty Guidelines.
    The Board of Immigration Appeals agreed with our interpretation of
    the Regulations, sustained the appeal, and remanded the case to the
    Immigration Judge for further proceedings consistent with their
    decision.
  3. Arpaio to launch 16th immigration sweep on July 30th

    by , 06-16-2010 at 05:00 AM (Matthew Kolken on Deportation And Removal)
    To all of you out in Arizona, it has been reported that Maricopa County Sheriff Joe Arpaio intends to launch his 16th immigration sweep on July 30, 2010. This is the day after the new Arizona immigration law goes into effect.Spread the news.
  4. Supreme Court Ruling: Carachuri-Rosendo v. Holder, June 14, 2010

    by , 06-14-2010 at 11:11 AM (Matthew Kolken on Deportation And Removal)
    The United States Supreme Court has just issued an immigration related decision that breaths a whisper of common sense back into the interpretation of our United States immigration laws.In Carachuri-Rosendo v. Holder, June 14, 2010, the Court found that a second or subsequent simple possession offense may not be interpreted as an aggravated felony under 1101(a)(43) when the state conviction is not based on a prior conviction.The Supreme Court overturned the Immigration Judge's interpretation that a second simple possession
    conviction constitutes an "aggravated felony" that renders an individual in-eligible for
    cancellation of removal. Both the Board of Immigration Appeals and Fifth
    Circuit affirmed the Immigration Judge in reliance on the holding in Lopez v. Gonzales, 549 U. S.
    47, 56, which states that for a conviction to be an "aggravated felony" for immigration law purposes,
    a state drug conviction must be punishable as a felony under federal
    law.  Both the Board and the Fifth utilized a "hypothetical approach," to conclude that if "conduct" could have been prosecuted as a recidivist simple
    possession under state law, it could have also been punished as a felony
    under federal law.In rendering its decision the Supreme Court reaffirmed a previous ruling in Leocal v. Ashcroft, 543 U. S. 1, 11, n. 8, where it held that ambiguities in criminal statutes referenced in immigration laws should be construed in a non-citizen's favor.This is a tremendous victory for justice.  Hats off to Professor
    Geoff Hoffman, from the University of Houston Immigration Law Clinic for the fantastic work done on this case.
  5. Maricopa County Sheriff Joe Arpaio removed as keynote speaker at a convention

    by , 06-14-2010 at 07:10 AM (Matthew Kolken on Deportation And Removal)



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