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Matthew Kolken on Deportation And Removal

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  1. All-Out Assault on Latino Immigration in Arizona

    by , 04-20-2010 at 04:51 AM (Matthew Kolken on Deportation And Removal)


  2. Section-by-Section Analysis of the Arizona Immigration Enforcement Legislation

    by , 04-16-2010 at 04:51 AM (Matthew Kolken on Deportation And Removal)
    The ACLU of Arizona has done a section by section analysis of the new immigration enforcement legislation that has been passed in the State of Arizona. It is titled: SB 1070: "Immigration; Law Enforcement; Safe
    Neighborhoods."They summarize the bill as follows:

    This bill
    unconstitutionally allows the state of Arizona
    to regulate immigration by making any non-citizen who has entered the United States
    without permission guilty of the additional state crime of trespassing. It
    gives local police officers authority to investigate, detain and arrest people
    for perceived immigration violations without the benefit of proper training,
    exacerbating the problem of racial profiling and raising concerns about the
    prolonged detention of citizens and legal residents. - ACLU of Arizona
    Sheriff Joe Arpaio went on the Ed Show on MSNBC yesterday and played the victim:

    Buckle your
    seat-belts people, because this is going to be a bumpy ride.Update:



    The
    American Immigration Lawyers Association (AILA) has issued the following
    response urging the Arizona
    Governor to veto the unconstitutional and overly punitive anti-immigrant bill.
    AILA "strongly
    urges Arizona Governor Jan Brewer to veto a bill moving rapidly through the
    state legislature that would make it a crime to be an undocumented immigrant in
    the state. In addition to being unconstitutional under the Supremacy Clause of
    the U.S. Constitution, the law would effectively authorize police to engage in
    racial profiling against immigrants and permit citizens to sue any state or
    local agency if they believe it is failing to enforce the law." -AILA
    InfoNet Doc. No. 10041660 (posted Apr. 16, 2010)Update:In the wake of the passing of this legislation, and never one to let a serious crisis go to waste, the Obama administration
    took advantage of the press distraction by conducting what they
    characterize as one of the government's "largest-ever human smuggling
    busts." Federal agents arrested nearly 50 shuttle operators and alleged
    smugglers
    accused of using vans to transport thousands of undocumented immigrants
    from
    Mexico to Phoenix.
    In stark contrast to the Government's characterization, it has been reported that this "largest-ever human smuggling bust" resulted in
    only 17 individuals arrested that had entered without inspection, or
    were undocumented.The New York Times further reported that Alfonso Quintero, the owner of a nearby ****ler repair shop, said that he never saw anything suspicious stating: "I didn't
    see anything illegal" "Looked like they just wanted a ride."Here is the Government's spin:










  3. Arizona clampsdown on illegal immigration

    by , 04-15-2010 at 09:38 AM (Matthew Kolken on Deportation And Removal)
    "The US state of Arizona is set to bring in tough new legislation
    against illegal immigrants.

    A bill likely to be signed into law
    in the coming weeks, would make it a crime under state law to be in the
    country illegally, giving local police greater powers to stop and
    question people about their immigration status.

    Immigrants unable
    to produce documents showing they are allowed to be in the US could be
    arrested, jailed for up to six months and fined $2,500 if the bill is
    passed, but opponents have vowed to try to block it through the courts." ~Al
    Jazeera's Tom Ackerman.
  4. Padilla v. Kentucky used to fend of Deportation

    by , 04-13-2010 at 10:23 AM (Matthew Kolken on Deportation And Removal)


    Last Friday
    for the first time I used the new United States Supreme Court decision in Padilla
    v. Kentucky, 555 U. S. ___ (2009), No. 08-651, to
    fend off my client's deportation.  In Padilla, the Supreme Court held that
    a non-citizen of the United States
    has an absolute right to being informed by counsel whether entering a plea
    carries a risk of deportation, and such failure renders such plea
    constitutionally deficient.  The Court ruled that "the seriousness of
    deportation as a consequence of a criminal plea, and the concomitant impact of
    deportation on families living lawfully in this country demand no less."My client,
    a citizen of Vietnam, was
    lawfully admitted to the United
    States as an AM-1 Amerasian Immigrant in the
    early 1990s.  Since being
    admitted to the United States
    as a lawful permanent resident my client married a United
    States citizen, and has three United States
    citizen children who
    he works 40+ hours a week to support.  My client is deathly afraid of returning to Vietnam where
    he fears that he will be tortured by police as a result of his race.  Unfortunately,
    in 1996 my client was convicted by plea of guilty to an offense that
    constitutes an aggravated felony under INA 237(a)(2)(A)(iii).  My client
    advised me that his criminal defense attorney never explained to him that by
    entering a plea of guilty he would become subject to removal from the United States,
    and the nature of his conviction would render him permanently ineligible for
    virtually all forms of relief from removal.Upon learning
    this I filed a motion to administratively close proceedings with the
    Immigration Court in Buffalo, New York in order to investigate my client's plea
    agreement, and if appropriate to file a motion to vacate the underlying
    judgment.  Thankfully, the Government's attorney had no objection to my
    motion and my client lives to fight another day. 
  5. Kiwi sexually assaulted, jailed, and dehumanized by USCBP

    by , 04-12-2010 at 11:38 AM (Matthew Kolken on Deportation And Removal)
    The following excerpt from a blog post entitled "Welcome Home" appeared on Shakesville and is another shameful example of how U.S. Customs and Border Protection treats individuals whose only crime is that they want to lawfully apply for admission to the United States as a visitor.  "A few minutes later, I was told to go inside a small
    room. Two customs officials, both women, went with me. One of them told
    me to stand facing the wall, with my hands at head level, palms flat on
    the wall. Then she patted me down. She paid particular emphasis to my
    genital area, going over it twice. I remember thinking that if I had
    been a trans* woman and/or a rape survivor, I'd have been terrified. As
    it was, I gritted my teeth and simply endured." ~guest blogger "Shaker bekitty"
    It is a cautionary tale of what can happen to you if you chose to visit
    the United States, and is a must read in its entirety.
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