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Matthew Kolken on Deportation And Removal


  1. Arizona Rally Cry: Constitution be damned - Deport the Children

    by , 06-11-2010 at 10:09 AM (Matthew Kolken on Deportation And Removal)
    It appears as though the humanitarian branch of the Arizona Republican Party has found their next target for deportation: United States citizen children.

    It has been reported that Arizona Republicans intend to introduce legislation this fall that will deny birth certificates to children born in the United States with parents who are not United States citizens.  Presumably this would include children born in the State of Arizona whose parents have Green Cards or have other lawful status but who are not
    citizens, as well as the children of undocumented immigrants.

    This is the brainchild of Sen. Russell Pearce, which they are tenderly
    referring to as the "anchor baby" bill. Apparently these morons have never heard of the 14th Amendment to the United States Constitution which clearly states that:

    1. All persons born or naturalized in
    the United States, and
    subject to the jurisdiction thereof, are citizens of the United States
    and of the State wherein they reside. No State shall make or enforce any law
    which shall abridge the privileges or immunities of citizens of the United States;
    nor shall any State deprive person of life, liberty, or property, without due
    process of law;
    nor deny to any person within its jurisdiction protection of the laws.
    Simply ridiculous.
  2. Man Flying from France to Mexico now facing Deportation in the United States

    by , 06-09-2010 at 06:35 AM (Matthew Kolken on Deportation And Removal)
    The United States government never ceases to amaze and amuse me.  I was just retained on a case involving a lawful permanent resident of the United States who was flying from France to Mexico.  His flight was diverted in mid-air to Montreal, Canada by the United States government.  The flight was diverted en route to Mexico because like
    the late Senator Kennedy, my client is on the U.S. government's
    super-secret "No-Fly" list.My client has no status in Canada and was denied admission by the Canadian government.  He was then forcibly returned to the United States by the Canadian government.  This has resulted in him being placed in deportation proceedings for attempting to enter the United States without proper documentation, despite the fact that he has a green card.  He is being held in custody at a federal detention facility and the U.S. government refuses to release him.I just received a copy of the charging document, and the Government is not alleging that my client has engaged in any activity anywhere in the world that would warrant his placement on a "No-Fly" list, which isn't surprising because he has never served in Congress.I'm scheduled to be back in Court with him early Tuesday morning and at that time I will respond to the Government's near frivolous allegations that he is inadmissible.  At my request, the Immigration Court has issued a decision that it lacks jurisdiction to review custody determinations of the Department when an individual is being charged as an arriving alien.  Parenthetically, the Government has charged my client as an arriving alien.  How convenient.I'll keep you posted as this case is going to get interesting.
  3. Protests in front of the Immigration Detention Facility in Aurora, Colorado

    by , 06-08-2010 at 06:43 AM (Matthew Kolken on Deportation And Removal)
    100 people protest unjust laws in front of the immigration detention facility in Aurora, Colorado.

    A dedicated activist tells why comprehensive immigration in necessary.

    An activist speaks about the need for mutual support by the immigrant community and the homosexual community.

    Immigration reform rallies are breaking out throughout the United States. For example, in Las Cruces faith leaders are working to send a strong message to local lawmakers:

    In Michigan Obama sparks peace, immigration rallies:

    Santa Ana students engaged in a civil disobedience action with the purpose of shutting down all activity in the Santa Ana Federal Detention Center:

  4. Buffalo Sabres NHL Prospect Zack Kassian Skates into the "Culture of No"

    by , 06-07-2010 at 05:44 AM (Matthew Kolken on Deportation And Removal)
    Over the weekend I read an article about the Buffalo Sabres recent draft choice Zack Kassian, a citizen of Canada, who has managed to get himself into a bit of trouble up in Windsor, Ontario.  It has been reported that the 13th overall pick in the 2009 NHL Entry Draft has been charged with "common assault," stemming from an alleged bar fight.What I found to be the most disturbing part about the article was not
    that another sports star found himself in the paper for something other
    than his athletic ability, but that the article contained another example of the
    "culture of no" that is symptomatic of the enforcement of our U.S.
    immigration law.Specifically, the crux of the article is that, because Kassain has a pending assault charge against him, he is inadmissible from the United States, and that he may not be permitted to enter the United States in the future because any assault conviction would render him inadmissible.  The article quotes Chief Ron Smith of U.S. Customs and Border Protection who stated that: "If an individual has an assault charge on their record, they'd be found
    inadmissible into the United States, . . . There are ways to mitigate
    that, primarily through the Department of State, which issues visas.
    But under normal circumstances, initially, the individual would be
    inadmissible in the United States for the assault charge."With all due respect to Chief Smith, he is wrong on both the law, and on the procedure.  All assault convictions do
    not render an individual inadmissible from the United States. To the
    contrary, in most instances, simple assault does not constitute a crime
    involving moral turpitude that would have any immigration consequences. See Matter of Perez-Contreras, 20 I&N Dec. 615, 618 (BIA 1992); Matter of Short, 20 I&N Dec. 136, 139 (BIA 1989).  The reason for this is that in most jurisdictions you may be convicted for simple assault without having any evil intent, depraved or vicious motive, or corrupt mind that is normally associated with crimes involving moral turpitude. See Matter of J-, 4 I&N Dec. 512, 514 (BIA1951); Matter of J-, 4 I&N Dec. 26, 27 (BIA 1950); Matter of O-, 3 I&N Dec. 193, 194-95 (BIA 1948).That being said, a conviction for a more serious assault may render an individual
    inadmissible if the underlying conviction includes an aggravating
    circumstance, such as, but not limited to, the intent to cause serious
    bodily harm, or if the assault included a dangerous weapon.  Matter of Solon, 24 I & N Dec. 239 (BIA 2007) [A conviction under New York Penal Code 120.00(1) is a crime involving moral turpitude because the assault must include both the specific intent to cause physical injury.]In order to
    determine if an assault conviction has immigration consequences you must
    look to the language contained in the underlying criminal statute which differs by jurisdiction.
    Parenthetically, it makes no difference what crime an individual has been charged
    with, but rather what an individual is ultimately convicted of. If Mr. Kassian is convicted for an offense that renders him inadmissible to the United States that does not mean that he will NEVER be allowed into the United States.  There is a waiver that is available that would enable him to be admitted, which requires a balancing of several factors as well as an exercise of discretion.The
    Sabres would be best served to get Kassain's Canadian criminal defense
    attorney in touch with a United States immigration attorney that has
    experience in inadmissibility issues prior to entering into any plea
    negotiations.As for the procedure for applying for the waiver, Chief Smith shoots the puck wide of the net again.  The United States Department of State would ONLY be involved with Mr. Kassian's waiver application if he were applying for it in conjunction with a visa application.  As a citizen of Canada, Kassian would not need a visa in most instances so long as he has advance approval from U.S. Citizenship and Immigration Services when applying for admission to the United States, and if the waiver was approved by the Attorney General.The moral of the story is this: don't get your immigration advice from employees of Customs and Border Protection.
  5. How should we reward our men in uniform? Deport them of course.

    by , 06-03-2010 at 01:02 PM (Matthew Kolken on Deportation And Removal)
    It appears that our Government plans to deport two Bronze Star recipients who honorably served our country in the Vietnam War.  To add insult to injury, the veterans are brothers.
    Manuel Valenzuela served in the US Marine
    Corps, and his older brother Valente Valenzuela served
    with the US Army Airborne, each earning the Bronze Star.  Deportation hearings are respectively scheduled for September 2010 and January 2011.The brothers have attempted to contact President Obama, and Homeland Security
    Secretary Janet Napolitano to help them.  The response: silence.
    Simply disgusting.
    Click here to read the rest of this story.
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