LexisNexis® Legal Newsroom
Immigrant detainees deserve lawyers

"Put simply, an immigrant's access to an attorney can be as important as the facts in his or her case. The only reasonable solution is to provide attorneys to those immigrant detainees who need them. It would cost, of course, but due process comes with a price. And in some cases, assigning...

Third Circuit on credibility, abuse of discretion, due process: Abulashvili

"Petitioners Vasil Abulashvili and Teona Klibadze seek review of an order of the Board of Immigration Appeals dismissing their application for withholding of removal and protection under the Convention Against Torture (“CAT”) and an order of the BIA denying their motion to reopen. For...

Ninth Circuit on collateral attack, due process, waiver of appeal rights: U.S. v. Melendez-Castro

"Defendant Antonio Melendez-Castro appeals his conviction under 8 U.S.C. § 1326(b) for illegal reentry into the United States after being deported. Melendez-Castro challenges his conviction based on a collateral attack of the underlying removal order. We hold that a defect in Melendez-Castro’s...

Collateral Estoppel IJ Victory in Seattle

Devin Theriot-Orr writes: "From IJ Tammy Fitting in Tacoma. The decision reopens a 1996 Anna Ho deportation order based on a 2011 habeas corpus decision from the E.D. Wash. holding that the deport order violates due process. Some nice language on collateral estoppel. The real take away from this...

IJ Finds Due Process Violation in Massive 2008 Howard Industries Worksite Raid

Prof. Hiroko Kusuda writes: "On May 24, 2012 the New Orleans Immigration Court issued a decision finding that DHS's Immigration and Customs Enforcement (ICE) agents violated our client's due process rights during the worksite raid in Laurel MS on August 25, 2008. The raid was reported...

D. Ariz. on Due Process: Ilyabaev v. Kane (Habeas)

"In their Petition for Writ of Habeas Corpus, Petitioners do not challenge the decisions made by the IJ or the BIA. Instead, they claim that CIS violated their right to due process by failing to follow its own regulation - 8 C.F.R. § 103.2(b)(16)(i) - requiring it to notify them of any adverse...

CA9 on Adoption, Chevron, Due Process: Amponsah v. Holder

"We hold that the BIA’s blanket rule against recognizing nunc pro tunc adoption decrees constitutes an impermissible construction of § 1101(b)(1) and that case-by-case consideration of nunc pro tunc adoption decrees is required. Accordingly, we grant the petition and remand for further...

State Department Whistleblower Reveals Shocking Policy of Depriving Individuals of Their Birthright to U.S. Citizenship

"I have a client who is a U.S. citizen because she was born in Houston, Texas. Twice the U.S. government stripped her of right to U.S. citizenship. First, CBP officials deported her in 1998 after coercing a confession from her. Second, State Department officials at the U.S. embassy in El Salvador...

CA9 on Due Process: Ching v. Mayorkas

"[T]he process by which Joseph’s I-130 petition was denied was inadequate. There were two witnesses to the Fong-Ching marriage: Fong and Ching. In this case, it is not possible to determine that Fong’s statement is true and that Ching’s is false solely by reading them. In addition...

CA9 on CAT, Credibility, Due Process: Oshodi v. Holder (En Banc)

"Olakunle Oshodi petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) decision finding him not credible and denying his application for withholding of removal and protection under the Convention Against...

CA9 on Due Process: Bondarenko v. Holder

CA9 Court Staff Summary - "The panel held that the immigration judge violated due process by allowing the government to introduce without prior notice a forensic report concerning a medical document petitioner submitted and by refusing petitioner a continuance to investigate the report. The panel...

BIA: Respondent Entitled to File Under Sec. 240(c)(2) - Matter of Monjazar-Fernandez (unpub.)

"In this unpublished decision , the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled, presented a copy of the visa on which he entered the country, the...

D. Mass. on Detention, Reasonableness, Six-Month Rule: Reid v. Donelan

"To comply with the constitution’s due process requirement, § 1226(c) must be read to include a “reasonableness” limit on the length of time an individual can be detained without an individualized bond hearing. ... Under the six-month approach, the analysis in this case is...

The Artesia Experience: A Due Process Travesty

Albuquerque immigration attorney Olsi Vrapi describes what it is like to try to represent refugees locked up at the Artesia, New Mexico detention center...in the middle of nowhere . "I went to Artesia the morning after I was hired on a case and not only one of my clients had been interviewed, she...

Due Process Meltdown at Artesia Worsening

"Two weeks ago, the first pro bono lawyers were let in to the detention facility in Artesia, New Mexico, where Immigration and Customs Enforcement (ICE) is keeping Central American migrant families. Since then, a small group of pro bono attorneys, organized by the American Immigration Lawyers Association...

CA9 on Due Process, Expedited Removal: USA v. Raya-Vaca

"Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326. In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings...