Immigration Law

    • 25 Jul 2018

    Texas Businesses File Pro-DACA Brief; Ending Program Would Cost Economy Billions

    Mark Curriden, Texas Lawbook, July 22, 2018 - "A federal lawsuit by Texas officials earlier this year seeking to order the end of the federal immigration program called the Deferred Act for Childhood Arrivals, or DACA, will have "immediate, irreparable injury" to Texas businesses and cost the state's economy billions of dollars, according to a coalition of pro-business organizations. Seven Texas-based...
    • 25 Jul 2018

    “Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese

    Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality Act (INA) was unconstitutionally vague. An aggravated felony conviction can result in a non-citizen’s swift removal from the United States, and thus the Supreme...
    • 25 Jul 2018

    Why Are Immigration Court Bonds Skyrocketing?

    Dianne Solis, Dallas Morning News, July 23, 2018 - "Nothing in the law has changed regarding bonds," said Dan Kowalski, an immigration attorney and editor of an immigration law bulletin . "The only explanation I can think of is immigration judges wanting to keep their jobs, afraid of getting fired by Sessions."
    • 23 Jul 2018

    Expert: Well-Prepared Asylum Claims Can Win

    Aline Barros, VOA News, July 19, 2018 – " Stephen Yale-Loehr of Cornell University, a leading professor of immigration law and facilitator of an asylum clinic at Cornell, said that though there had been changes in asylum policy, people with good cases can still apply. "But they need to be better prepared than ever before, and they need to make sure their testimony is consistent. … People can still...
    • 23 Jul 2018

    Expert: Well-Prepared Asylum Claims Can Win

    Aline Barros, VOA News, July 19, 2018 - " Stephen Yale-Loehr of Cornell University, a leading professor of immigration law and facilitator of an asylum clinic at Cornell, said that though there had been changes in asylum policy, people with good cases can still apply. "But they need to be better prepared than ever before, and they need to make sure their testimony is consistent. … People can still win...
    • 23 Jul 2018

    Attorneys and Credible Fear Review - Jeffrey S. Chase

    Jeffrey S. Chase, July 22, 2018 - "It is difficult not to cry (as I did) while listening to the recording of a recent immigration court hearing at a detention facility near the border. The immigration judge addresses a rape victim who fled to this country seeking asylum. She indicates that she does not feel well enough to proceed. When asked by the judge if she had been seen by the jail’s medical unit, the...
    • 23 Jul 2018

    Attorneys and Credible Fear Review - Jeffrey S. Chase

    Jeffrey S. Chase, July 22, 2018 - "It is difficult not to cry (as I did) while listening to the recording of a recent immigration court hearing at a detention facility near the border. The immigration judge addresses a rape victim who fled to this country seeking asylum. She indicates that she does not feel well enough to proceed. When asked by the judge if she had been seen by the jail’s medical unit, the...
    • 23 Jul 2018

    63 House Members Question Slow Pace of Refugee Admissions: Bipartisan Letter to Nielsen, Pompeo

    July 17, 2018 letter - "In September 2017, your Administration announced a Presidential Determination of 45,000 for Fiscal Year 2018, the lowest refugee admissions ceiling ever set. To meet this number, the United States must admit 3,750 refugees each month. However, as of July 9th, only 16,429 refugees have arrived in the U.S. At this pace, the United States may only admit 20,000 refugees for this fiscal year, well...
    • 23 Jul 2018

    63 House Members Question Slow Pace of Refugee Admissions: Bipartisan Letter to Nielsen, Pompeo

    July 17, 2018 letter - "In September 2017, your Administration announced a Presidential Determination of 45,000 for Fiscal Year 2018, the lowest refugee admissions ceiling ever set. To meet this number, the United States must admit 3,750 refugees each month. However, as of July 9th, only 16,429 refugees have arrived in the U.S. At this pace, the United States may only admit 20,000 refugees for this fiscal year, well...
    • 23 Jul 2018

    Decorated Soldier Booted From Army, Sues for Citizenship

    ACLU SoCal, July 18, 2018 - "Yea Ji Sea, 29, who has lived in the U.S. since she was a child, was so highly respected by her supervisors in the U.S. Army that one of them wrote she "volunteers for deployments willing to die for a country she loves... I would trust her with my life and (she) deserves citizenship more than most." But Sea, who served for more than four years in the Army and won two...
    • 23 Jul 2018

    Decorated Soldier Booted From Army, Sues for Citizenship

    ACLU SoCal, July 18, 2018 - "Yea Ji Sea, 29, who has lived in the U.S. since she was a child, was so highly respected by her supervisors in the U.S. Army that one of them wrote she "volunteers for deployments willing to die for a country she loves... I would trust her with my life and (she) deserves citizenship more than most." But Sea, who served for more than four years in the Army and won two...
    • 21 Jul 2018

    CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions

    Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction for sale of marijuana in the third degree constituted an aggravated felony under the Immigration and Nationality Act (“INA”). The single issue on appeal...
    • 21 Jul 2018

    CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions

    Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction for sale of marijuana in the third degree constituted an aggravated felony under the Immigration and Nationality Act (“INA”). The single issue on appeal...
    • 21 Jul 2018

    CADC on Domestic Renunciation of Citizenship: Kaufman v. Nielsen

    Kaufman v. Nielsen - "James Kaufman has tried to renounce his U.S. citizenship for more than a decade. In 2014, a field office of U.S. Citizenship and Immigration Services (USCIS) denied Kaufman’s renunciation request, claiming that he lacked the “intention” necessary to relinquish his citizenship under the Immigration and Nationality Act (INA). Kaufman challenged USCIS’s decision in district...
    • 21 Jul 2018

    CADC on Domestic Renunciation of Citizenship: Kaufman v. Nielsen

    Kaufman v. Nielsen - "James Kaufman has tried to renounce his U.S. citizenship for more than a decade. In 2014, a field office of U.S. Citizenship and Immigration Services (USCIS) denied Kaufman’s renunciation request, claiming that he lacked the “intention” necessary to relinquish his citizenship under the Immigration and Nationality Act (INA). Kaufman challenged USCIS’s decision in district...
    • 19 Jul 2018

    Doctors Blow Whistle on Dangers Migrant Children Face in Detention

    Miriam Jordan, NYT, July 18, 2018 - "The Trump administration, faced with a public outcry over the separation of migrant families at the Southwest border, has said it is exploring a major expansion of family detention centers. But two of the government’s own medical consultants said this week that they had identified a “high risk of harm” to migrant children housed at such facilities. A series...
    • 19 Jul 2018

    Doctors Blow Whistle on Dangers Migrant Children Face in Detention

    Miriam Jordan, NYT, July 18, 2018 - "The Trump administration, faced with a public outcry over the separation of migrant families at the Southwest border, has said it is exploring a major expansion of family detention centers. But two of the government’s own medical consultants said this week that they had identified a “high risk of harm” to migrant children housed at such facilities. A series...
    • 18 Jul 2018

    America First: The Legacy of an Immigration Raid (Documentary)

    Univision, The Intercept, The Knight Foundation, July 2018 - BY ALICE SPERI (THE INTERCEPT) "It doesn’t get more American than Postville, Iowa. The small rural community looks like countless others across the country: tidy lawns lining anonymous streets around the one big business that keeps the town employed, teenagers working shifts at the local YMCA, families sharing frosted cake in a church basement...
    • 18 Jul 2018

    NY City Bar Issues Recommendations in Response to ICE Arrests in New York State Courthouses

    NYCB, July 11, 2018 - "Calling the increasing number of Immigration and Customs Enforcement (ICE) civil arrests in and around New York State courthouses “a threat to the New York State court system’s ability to ensure access to justice and the state’s overall community-based public safety goals” and an undermining of the “values of due process and federalism enshrined in the U.S. Constitution...
    • 18 Jul 2018

    'Child Kidnapping, Plain and Simple...Utter Depravity' - Strong Words for DHS in Resignation Letters

    July 18, 2018 - Four members of the DHS Homeland Security Advisory Council, Richard J. Danzig, Elizabeth Holtzman, David A. Martin and Matthew G. Olsen, tendered their joint resignation letter to Sec. Nielsen on July 16, 2018. David Martin and Elizabeth Holtzman filed additional letters, here and here . Martin noted: "[T]he family separation policy crystallized for many HSAC members profound doubts about the...
    • 18 Jul 2018

    Judge: Feds Must Treat Separated Migrant Kids for PTSD

    Rosa Ferneuax, Mother Jones, July 17, 2018 - "Two immigrant children who were separated from their parents at the southern border have had their constitutional rights violated, a federal judge in Connecticut ruled late last week in yet another blow to the Trump administration’s draconian immigration agenda. Judge Victor Bolden also ordered on Friday that the federal government produce the children’s parents...
    • 18 Jul 2018

    New Lawsuit Seeks Due Process for Detained Kids

    NYCL, June 29, 2018 - "Today, five immigrant children in federal custody filed a complaint in federal court challenging the government’s cruel policies and practices that unlawfully prolong their detention and delay their reunification with their families. In violation of the Flores Settlement Agreement, which established a policy favoring the release of minors and requires the least restrictive environment...
    • 18 Jul 2018

    CA1 on Asylum, Mexico; Faults DOJ for 'a Profound Misunderstanding of the Law' - Rosales Justo v. Sessions

    Rosales Justo v. Sessions - "Petitioner Javier Rosales Justo ("Rosales"), a citizen of Mexico, claims that the Board of Immigration Appeals ("BIA") erred when it reversed an immigration judge's order granting him asylum. The immigration judge ("IJ") concluded that Rosales met his burden of proving he was entitled to asylum based, inter alia, on a finding that the police in Mexico...
    • 17 Jul 2018

    Federal Criminal Charges Sustained Against NC Attorney Who Was Following Posted Signs

    Sarah Willets, IndyWeek, July 13, 2018 - "A Raleigh immigration attorney has been found guilty of disobeying a[n immigration] judge's orders to stop texting in court, and disrupting the court's proceedings. Beckie Moriello was tried yesterday in [federal district court in ] Charlotte. Each of the two charges came with the possibility of fines and up to thirty days' imprisonment, but according to her attorney...
    • 17 Jul 2018

    Kansas City's ‘Top-Notch’ Immigration Lawyer Rekha Sharma-Crawford on Her Immigrant Roots and Supreme Court Win

    Rick Montgomery, Kansas City Star, July 17, 2018 - " Sharma-Crawford this year has waged deportation battles drawing national, even global, notice. One case alone — the detention and near-deportation of Lawrence chemist Syed A. Jamal — prompted calls to her desk from CNN, The Washington Post and BBC News. Her victories include a case she brought three years ago to the U.S. Supreme Court. She fights alongside...