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Matthew Kolken on Deportation And Removal

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

    by , 11-25-2009 at 06:25 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.


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    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 01:01 PM by MKolken

  2. BIA Decision: Clarification of Voluntary Departure Requirements

    by , 11-20-2009 at 01:06 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 (2009), which took effect on January 20, 2009, and superseded Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006), do not apply retroactively.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.
  3. Immigration Officials to Audit 1,000 More Companies

    by , 11-20-2009 at 05:47 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.
  4. BIA remands to Immigration Court for a determination if an individual presents a potential danger

    by , 11-19-2009 at 08:42 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.
  5. 2012 Dobbs-Menendez Match for Senate Seat in N.J.?

    by , 11-18-2009 at 07:49 AM (Matthew Kolken on Deportation And Removal)


    The New York Times has reported that former CNN talking head Lou Dobbs has not denied speculation that he may consider challenging first term incumbent Senator Bob Menendez (D-N.J.) for his seat in 2012. If this were to happen it will be essential for immigration reform activists to get behind Senator Menendez in 2012 when he is up for re-election.

    Senator Menendez is a key figure in the fight for comprehensive immigration reform, and is the co-sponsor of The Military Families Act, a bill that will authorize the adjustment of status for immediate family members of persons who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts.
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