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Matthew Kolken on Deportation And Removal


  1. Study Finds Immigration Enforcement Has Undermined Workers' Rights

    by , 10-28-2009 at 07:47 AM (Matthew Kolken on Deportation And Removal)
    The AFL-CIO, American Rights at Work and the National Employment Law Project has determined that the United States policy on immigration enforcement that utilizes workforce raids by "inadequately trained enforcement agents" has negatively impacted workers who were both born in the United States, and those who have been the target of the enforcement efforts.

    The report, ICED OUT: How Immigration Enforcement Has Interfered with Workers' Rights , examines the need for the Department of Labor to protect workers' rights in conjunction with Immigration and Customs Enforcement's mandate to enforce immigration laws. The report points to ICE's failures that have exacerbated the problem contributing to the undermining of all workers' rights.
  2. Strife in San Francisco over handling of arrested undocumented immigrants

    by , 10-27-2009 at 07:52 AM (Matthew Kolken on Deportation And Removal)

  3. Board of Immigration Appeals decision: Matter of Raul CARRILLO, 25 I&N Dec. 99 (BIA 2009)

    by , 10-22-2009 at 09:56 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals has just ruled in Matter of Raul CARRILLO, 25 I&N Dec. 99 (BIA 2009) that in determining whether an alien whose status was adjusted pursuant to section 1 of the Cuban Refugee Adjustment Act of November 1, 1966, Pub. L. No. 89-732, 80 Stat. 1161, is removable as an alien who has been convicted of a crime involving moral turpitude committed within 5 years after the alien's "date of admission," the admission date is calculated according to the rollback provision of section 1, rather than the date adjustment of status was granted.

    The case involves a Green Card holder from Cuba who initially came to the United States and was paroled into the country on March 4, 1999. He obtained his Green Card on January 30, 2001, through the Cuban Refugee Adjustment Act.

    On June 6, 2005, Mr. Carrillo was convicted on four counts of grand theft, third degree, in the State of Florida.  His conviction is a crime involving moral turpitude that would render him deportable if it occurred within five years of his lawful admission to the United States. 

    The issue argued at trial was whether the conviction occurred less than five years after Mr. Carrillo's admission into the United States.  Mr. Carrillo's lawyer argued that the effective date of his admission to the United States was March 4, 1999, the date of his parole, rather than January 30, 2001, the date on which he was granted a Green Card through adjustment of status as a result of the "rollback" provision of the Cuban Adjustment Act.

    The Immigration Judge didn't buy the argument and ordered Mr. Carrillo's removal.  Mr. Carrillo appealed, and the Board overruled the Immigration Court finding that under the Cuban Adjustment Act the "date of admission" is calculated from the date of parole into the United States, and not the date of his adjustment. 

    Mr. Carrillo owes a debt of gratitude to his lawyer, Keith C. Williams, Esquire, Naples, Florida.  Great Job Mr. Williams! Now we can only hope that Mr. Carrillo won't stand before another Judge in the United States again.
    Matthew Kolken, Esq.
  4. Sheriff Joe Arpaio on CNN's Rick Sanchez Show

    by , 10-20-2009 at 06:57 AM (Matthew Kolken on Deportation And Removal)


  5. Immigration Point, Counterpoint: 287(g)

    by , 10-19-2009 at 07:39 AM (Matthew Kolken on Deportation And Removal)
    Section 287(g) of the Immigration and Nationality act calls for a law enforcement partnership between State and Federal law enforcement agencies with respect to the performance of immigration officer functions by state officers and employees. Simply put, 287(g) delegates federal immigration enforcement authority to state and local agencies.

    The Obama administration has announced the recent expansion of the scope of the 287(g), issuing standardized Memorandums of Agreement (MOAs) with 67 state and local law enforcement agencies to participate in 287(g) partnerships.

    This has caused an uproar from immigration rights groups. Opponents of 287(g) argue that the law results in racial profiling and violations of due process, and lacks sufficient oversight.

    Joanne Lin, ACLU Legislative Counsel, has responded to Obama's announced expansion of 287(g) stating that:[INDENT][FONT=Arial]
    "ICE's announcement on 287(g) makes no mention of any oversight, monitoring, or accountability mechanisms to address racial profiling and other civil rights violations - and no commitment to address these very real problems.*Instead, ICE has actually re-authorized agencies that have abused their authority, including the Maricopa County Sheriff's Office. Disregarding civil rights, breaking bonds between immigrant communities and the police and failing to intelligently prioritize enforcement will only make all of us worse off. ICE should terminate the program immediately."

    Updated 04-12-2016 at 12:35 PM by MKolken

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