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Matthew Kolken on Deportation And Removal

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  1. Federal Judge: Jailing Refugee Children is Fundamentally Wrong on So Many Levels

    by , 07-11-2017 at 08:21 AM (Matthew Kolken on Deportation And Removal)
    Judge Dean D. Pregerson stated the obvious: jailing refugee children is “fundamentally wrong on so many levels.” I will update you as soon as a decision is rendered.

    Via Latino Rebels:

    Monday morning in a Los Angeles federal courtroom, Judge Dean D. Pregerson became the first judge of any kind (federal, immigration or state) to give a hearing to four Central American children (ages 3, 4, 8 and 16) who have been detained at Berks Family Prison for the past two years. The children all have approved Special Immigrant Juvenile Status petitions, which means that the federal government has affirmed that they are vulnerable children who have been abused, neglected or abandoned, and they qualify for “green cards” on that basis. Immigration and Customs Enforcement (ICE) has taken the position that, essentially, the children can be detained and deported up until the moment that they have their green cards in hand. Attorneys for the children argued that this violates a consent decree entered into by the government.

    Click here for the rest of the article courtesy of immigration lawyer Amy Maldonado.
  2. US Citizen Sues after Being Detained by ICE

    by , 07-07-2017 at 07:47 AM (Matthew Kolken on Deportation And Removal)
    A U.S. citizen is arguing that his detention pursuant to an ICE immigration detainer violated his Fourth Amendment right to be free from unreasonable seizure, violated his substantive due process right under the Fourteenth Amendment to be free from false imprisonment, and constituted unlawful imprisonment under Florida law. He has requested compensatory damages, attorney's fees, and any other equitable relief the Court deems just and proper.

    From the Complaint for Damages:

    Miami-Dade County unlawfully arrested and detained Plaintiff Garland Creedle solely for civil immigration purposes, even though Mr. Creedle is a U.S. citizen who cannot be deported. The County voluntarily detained Mr. Creedle at the request of federal immigration authorities of Immigration and Customs Enforcement (ICE). The detention occurred pursuant to a directive from Mayor Carlos A. Gimenez that requires the Miami-Dade Corrections and Rehabilitation Department (MDCR) to deny release for 48 hours or more to any person who is the subject of a check-the-box immigration detainer request.

    Click here to read the full complaint.
  3. Despite Hiring, Immigration Court Backlog and Wait Times Climb

    by , 07-06-2017 at 08:18 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    As of the end of April 2017, the number of cases waiting for a decision had reached an all-time high of 585,930. See Figure 1. On average individuals have currently been waiting 670 days, and may have to wait much longer before their cases will be heard. Nine courts that currently account for a quarter of this backlog require some individuals to wait for more than four additional years from now before a hearing is scheduled. The Immigration Court in San Francisco with nearly 42,000 backlogged cases has some individuals waiting for more than five additional years—as much as 1,908 days longer—for their July 21, 2022 hearing date.



    During the past 18 months, the court has been adding new judges. In contrast to 2013 and 2014 when few judges were added to court ranks, a total of 79 new immigration judges have been sworn in since November of 2015. See Figure 2. Funding for a modest additional 10 judges also has just been approved by Congress.



    But there is little evidence that this increase in hiring is sufficient to handle the incoming caseload, let alone make a dent in the court 's mountainous backlog. Before this hiring spurt began, the backlog at the end of August 2015 stood at 456,644 cases. Then the average number of days individuals had been waiting was already at 635 days, with hearings for some scheduled as far as 1,766 additional days in the future. See earlier TRAC report.

    Today the situation is significantly worse. As noted above, by the end of April 2017 the backlog had increased by 28.3 percent to 585,930. Individuals with pending cases already have waited an average of 670 days, up from 635 days. And for some their hearings are now scheduled as many as 1,908 days into the future, up from 1,766 days before this hiring spurt began
    .

    Click here to read the full report.
  4. USCIS Introduces Redesigned Form for Green Card Applicants

    by , 06-26-2017 at 01:46 PM (Matthew Kolken on Deportation And Removal)
    Agency Publishes Revised Form I-485 and Instructions

    WASHINGTON—U.S. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The new Form I-485 and instructions have been substantially updated to reduce complexity after collecting comments from the public and stakeholders.

    The revised version gives applicants better information to accurately complete Form I-485, including clear navigation to the parts of the form and instructions that are relevant to the applicants’ specific situations. These updates should increase the efficiency of the adjudication process by reducing errors and requests for evidence.

    Applicants living in the United States file Form I-485 to adjust their immigration status and become lawful permanent residents, which allows one to live and work permanently in the United States. Adjusting status is a critical step for those seeking U.S. citizenship.


    USCIS also revised the Form I-485 Supplement A and Form I-485 Supplement J (as well as each supplement’s instructions), to provide applicants with more detailed information about how to properly complete, file, and submit evidence if those supplements are applicable to their situation.


    Beginning today, there will be a 60-day grace period during which USCIS will accept both the 01/17/17 and 06/26/17 editions of Form I-485 and Supplement A and J. Beginning Aug. 25, USCIS will only accept the revised Form and Supplement A and J of Form I-485 and will no longer accept earlier versions of either form.


    What’s New? USCIS improved Form I-485 to include:


    • Better flow and organization of questions to make it user-friendly for both the applicants and USCIS. In addition, readability has significantly improved due to new spacing, columns, flow, white space, and formatting.
    • The questions about biographic information (Form G-325A) so applicants will no longer need to file a separate form;
    • A list of 27 immigrant categories, which allows applicants to identify the specific immigrant category under which they are applying; and
    • A comprehensive, updated list of admissibility-related questions. The added questions to ensure USCIS officers have the necessary information to better assess the applicant’s admissibility and eligibility.


    What Remains the Same

    While both Form I-485 and its instructions may look different from earlier versions, the process for filing Form I-485 and Form I-485 Supplement A and Form I-485 Supplement J remains the same. Applicants must still submit their paper applications to the location listed in the form instructions.

    Further information

    Visit the Form I-485, Application to Register Permanent Residence or Adjust Status page and the Form I-485 Supplement A page for further information about the new forms and instructions.
    Applicants can visit the USCIS Green Card Eligibility Categories page for information on eligibility requirements for each immigrant category.
    All USCIS forms are free on our website at www.uscis.gov/forms.
    For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@uscis).

    - USCIS -
  5. DHS Statement On SCOTUS Decision On Trump's Executive Order

    by , 06-26-2017 at 01:38 PM (Matthew Kolken on Deportation And Removal)
    Release Date:
    June 26, 2017

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON – The Supreme Court today has allowed the Department of Homeland Security to largely implement the President's Executive Order and take rational and necessary steps to protect our nation from persons looking to enter and potentially do harm. The granting of a partial stay of the circuit injunctions with regard to many aliens abroad restores to the Executive Branch crucial and long-held constitutional authority to defend our national borders.

    The Department will provide additional details on implementation after consultation with the Departments of Justice and State. The implementation of the Executive Order will be done professionally, with clear and sufficient public notice, particularly to potentially affected travelers, and in coordination with partners in the travel industry.
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