Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel Stephen H. Legomsky St. Louis University Public Law Review, 2012 Washington University in St. Louis Legal Studies Research Paper 11-10-04 Abstract: The Supreme Court’s landmark...

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012)

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012) - (1) An alien who is a refugee under section 207 of the Immigration and Nationality Act, 8U.S.C. § 1157 (2006), and has not adjusted status to that of a lawful permanent resident may be placed in removal proceedings without a prior determination...

ACUS Proposed Recommendation: Immigration Removal Adjudication

"Consultants for the Administrative Conference of the United States conducted a comprehensive and detailed study of potential improvements in immigration removal adjudication. Following the study and consistent with the Conference’s statutory mandate of improving the regulatory and adjudicatory...

Benson & Wheeler: Enhancing Quality and Timeliness in Immigration Removal Adjudication

Enhancing Quality and Timeliness in Immigration Removal Adjudication , by Lenni B. Benson & Russell R. Wheeler. "This draft report was prepared for the consideration of the Administrative Conference of the United States. The views expressed are those of the authors and do not necessarily reflect...

ACUS to Discuss/Vote on Immigration Removal Adjudication Recommendations at 56th Plenary Session

Prof. Lenni Benson writes: "I thought you might want to alert your world to the upcoming ACUS plenary session on immigration removal adjudication . The recommendations are those adopted by the ACUS Committee on Adjudications. Russell Wheeler and I worked on a report and provided our own analysis...

Reflections on Prosecutorial Discretion in Immigration Context 1 Year After the Morton Memo

By Shoba Sivaprasad Wadhia In this Analysis, Shoba Sivaprasad Wadhia, the founder/director of Penn State's Center for Immigrants' Rights, reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial discretion" in favor of various types...

ICE Releases FY12 Year-End Stats

"Overall, in FY 2012 ICE's Office of Enforcement and Removal Operations removed 409,849 individuals. Of these, approximately 55 percent, or 225,390 of the people removed, were convicted of felonies or misdemeanors – almost double the removal of criminals in FY 2008." - ICE, Dec. 21...

Removal of 190,000 Sought in US Immigration Courts in FY 2013: TRAC

" TRAC projects that in fiscal year 2013 the U.S. government will file actions in Immigration Court seeking to remove over 190,000 individuals from the country, according to the latest data extending through the end of August 2013. The estimated total does not count those individuals deported administratively...

TRAC: Criminal Charges Continue Decline in Immigration Court

"Alleged criminal activity continues to turn up less and less often as the basis for new Immigration Court filings seeking removal orders. So far in fiscal year 2014, only 13.5 percent of individuals have been alleged to be removable based on criminal activity, according to the latest case-by-case...

ICE Success in Obtaining Removal Orders Drops to 50% - TRAC

" Immigration and Customs Enforcement (ICE) has had diminishing success in convincing Immigration Judges to issue removal orders. Such orders are now granted only about 50 percent of the time, the lowest level since systematic tracking began more than 20 years ago. For years, the rate at which removal...

Removals vs. Returns: How to Think About Obama's Deportation Record

"Earlier this week, I wrote a piece noting that the Obama administration has deported 2 million people — the most of any president in history. Some critics took issue with that characterization — and the dispute here hinges on the fact that there's no longer any official definition...

Giving Voice to Unaccompanied Children in Removal Proceedings

"In the last century, hundreds of thousands of children have migrated alone to the United States. Others migrated with adults but became separated after their arrival. The reasons for their migration vary, but in many cases, war, poverty, and violence compel these children to seek refuge within...

Removal Without Recourse: The Growth of Summary Deportations from the United States

"The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status...

BIA on Use of I-9 in Removal Proceedings: Matter of Bett

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N Dec. 437 (BIA 2014) .

American Exile: Rapid Deportations That Bypass the Courtroom

"Every year, hundreds of thousands of people (83 percent) are deported from the United States without a hearing. These individuals never see a judge; instead, their rights and fates are determined by a single immigration enforcement officer in a summary removal procedure that can take mere minutes...

Immigration Removal Orders Rise, But With Wide Variation By Court: TRAC

"The U.S. Immigration Court is granting a greater proportion of the deportation orders that are being requested by the government. According to the latest case-by-case records, current through the end of November 2014, the Immigration Court granted 54.8 percent of such orders issued during the first...