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  1. The State of Immigration Enforcement by Alex Nowrasteh

    by , 05-18-2018 at 10:27 AM (Matthew Kolken on Deportation And Removal)
    Via the Cato Institute's Alex Nowrasteh:

    "Criminal removals are for those who are convicted of crimes, mostly nonviolent and nonproperty offenses such as violations of immigration law. Much of the fear today is that the Trump administration will increase the removals of noncriminal illegal immigrants. While they certainly are targeted, the number and percentage of noncriminal removals are barely changed in 2017 compared to 2016 (Figure 1). The number of criminal removals climbed by about 11,000 and noncriminal removals by about 3,000 in 2017 relative to 2016. "

    Click here for more analysis.
  2. Sessions Moves to Destroy Immigration Court Independence in Order to Rubber Stamp Trump's Mass Deportation Agenda. Roger Algase

    As further evidence that Trump's racially motivated immigration agenda of stopping people whom he calls "animals" (otherwise known as Latino or other non-white immigrants) from entering the United States, and expelling those who are already here as fast as possible (see my May 17 Immigration Daily comment) is taking America on the road to dictatorship, Trump's AG, Jeff Sessions, is quietly destroying the independence of the Immigration Court system and converting it into a rubber stamp for Trump's mass deportation agenda.

    Huffington Post reports that Sessions has used his wide authority over the immigration court system to take three important cases away from the Board of Immigration Appeals. In his first decision issued in these cases, he has sharply limited the power of Immigration Judges to close deportation cases administratively.

    This could speed up the removal of thousands of immigrants who may have valid legal claims to the right to stay in the US, such as through adjustment of status to permanent resident.

    In the words of Jeremy McKinney, national secretary of AILA, this could

    "...deport people who are trying to go through the immigration system the right way."

    Huffpost reports that Sessions has also taken two other important cases away from the BIA to decide on his own, something which attorney generals are allowed to do by law but which power other AG's have used only sparingly up to now. One of the cases could restrict the power of IJ''s to grant continuances, and the other could make asylum much mire difficult.

    As Trina Realmuto of the American Immigration Council states about Sessions:

    "As the attorney general, as the head of the department of justice, as the person who is certifying cases to himself, he needs to be neutral, impartial, and he needs to adjudicate without a political agenda."

    While America is not there yet, Sessions' moves to exert political control over the immigration court system, in violation of the most elementary concept of due process, are an ominous signal that this country could be taking at least the first steps down the road to using the court system as a mere instrument to carry out the will of a dictator, such as was done under the Nazi regime.

    As Russel K. Osgood writes a book review in 28 Cornell International Law Journal, 461, 462 (1995):

    In addition to the changes in substantive law, all aspects of German legal culture were made to conform to Nazi values."

    The above is not meant to imply that either Donald Trump or Jeff Sessions supports Nazi ideology, genocide or antisemitism in any way, shape or form. Clearly, they do not.

    But the history of what took place with the courts under the Nazi regime stands as a warning of what can happen to a country's judicial system, and its democracy, when the objective of removing or excluding large classes of people, in this case, Latino, Muslim, African and other non-white immigrants, takes precedence over judicial independence, constitutional rights, fundamental fairness and the rule of law.

    Roger Algase
    Attorney at Law

    Updated 05-18-2018 at 09:46 AM by ImmigrationLawBlogs

  3. Attorney General Rules on Administrative Closure of Deportation Cases

    by , 05-18-2018 at 07:53 AM (Matthew Kolken on Deportation And Removal)
    For the reasons set forth in the accompanying opinion, I affirm the Board’s order and remand for further proceedings. I hold that immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure.

    Accordingly, immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action. Where a case has been administratively closed without such authority, the immigration judge or the Board, as appropriate, shall recalendar the case on the motion of either party.

    I overrule Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), Matter of WY-U-, 27 I&N Dec. 17 (BIA 2017), and any other Board precedent, to the extent those decisions are inconsistent with this opinion.

    Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018)

  4. District Judge Blocks Revocation of DACA based on Misstatements of Fact

    by , 05-17-2018 at 09:45 AM (Matthew Kolken on Deportation And Removal)
    Via Slate:

    On Tuesday, U.S. District Judge Ricardo S. Martinez shot down the federal government’s efforts to strip Daniel Ramirez Medina of his DACA status. Immigrations [Sic] and Customs Enforcement had arrested and detained Ramirez last year, then falsely claimed that he was affiliated with a gang and attempted to deport him. He filed suit, alleging that ICE had violated his due process rights. Martinez agreed. His order barred the federal government from voiding Ramirez’s DACA status, safeguarding his ability to live and work in the United States legally for the foreseeable future. What may be most remarkable about Martinez’s decision, though, is its blunt repudiation of ICE’s main claim—that Ramirez is “gang-affiliated.” The judge did not simply rule against ICE. He accused the agency of lying to a court of law.

    From the decision:

    Most troubling to the Court, is the continued assertion that Mr. Ramirez is gang-affiliated, despite providing no evidence specific to Mr. Ramirez to the Immigration Court in connection with his administrative proceedings, and offering no evidence to this Court to support its assertions four months later. Dkts. #122-1, Ex. D and #129 at 20:20-21:7. Indeed, the Immigration Judge, after reviewing all evidence submitted by respondent, that Mr. Ramirez was credible, and that he was not in a gang or associated with one.

    Click here
    to read the decision.

    Updated 05-17-2018 at 10:04 AM by MKolken


    by , 05-17-2018 at 08:41 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The H-1B lottery has been completed. USCIS has finished the data entry for all FY 2019 H-1B cap-subject petitions. Musillo Unkenholt continues to see H-1B checks being cashed and continues to receive H-1B receipt notices in our mail. Therefore H-1B cap-subject petitioners should not lose hope yet if they have not received an H-1B receipt notice. We expected that we will continue to see H-1B receipts for the next two weeks.

    After the final H-1B receipt notices are sent by USCIS, they will begin returning all H-1B cap-subject petitions that were not selected. In past years it has taken USCIS 1-2 months to complete this process. Musillo Unkenholt does not expect the final H-1B returns until late June or early July.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter, and LinknedIn.
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