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News Excerpts From the Nov. 1, 2014, Bender’s Immigration Bulletin

California Launches Student Loan Program for DREAMers | In late September, California enacted a bill allowing public universities to provide direct loans to state residents unable to obtain federal loans on account of their immigration status. Known as the “California DREAM Loan Program,”...

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273...

News Excerpts From the Dec. 1, 2014, Bender’s Immigration Bulletin

Executive Action Coverage | On November 20, 2014, the President announced a series of executive actions that will help secure the border, prioritize deporting felons over families, and allow certain undocumented immigrants to temporarily remain in the U.S. without fear of deportation if they pass...

States' Welcoming Policies Can Mitigate Harsh Federal Immigration Laws: Roberto Suro

In California Dreaming: The New Dynamism in Immigration Federalism and Opportunities for Inclusion on a Variegated Landscape , USC Professor Roberto Suro concludes: "When all of the policies described in this section are applied together as is the case in some major concentrations of the immigrant...

'Popcorn Lung' Verdict Reversed Over Immigration Info: Velasquez v. Centrome

"A California appellate court Friday reversed the verdict against a former factory worker who lost his "popcorn lung" case, finding the lower court made a crucial mistake when it informed the jury that the plaintiff was in the country illegally. The panel concluded the previous ruling...

California Supreme Court to Rule on Bar Admission of Hong Yen Chang

" Last spring , ImmigrationProf reported on the efforts of UC Davis law students to seek the posthumous admission of Hong Yen Chang to the California State Bar. More than a century ago, Chang was denied the opportunity to practice law in California because of his race. Students in the UC Davis School...

Hong Yen Chang Admitted to California Bar...125 Years Late

"We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. ... it is past time to acknowledge that the discriminatory exclusion of Chang from the State Bar of California was a grievous wrong. It denied Chang equal protection of the...

News Excerpts From the May 15, 2015, Bender’s Immigration Bulletin

Training Document on Particular Social Groups Made Public | A PowerPoint presentation apparently given to asylum officers at USCIS was made public in late April, providing insight into the agency’s handling of potential claims for asylum based on membership in a particular social group. According...

New California Statutes Affect Immigrants, Regardless of Status

"Gov. Jerry Brown signed a trio of immigration-related measures Monday, including one removing the word “alien” from California’s labor code because it is seen as a disparaging term for those not born in the United States. Brown also signed into law legislation allowing noncitizens...

ILRC Practice Advisory: New Cal. Statute (Deferred Entry of Judgment) Aids Immigrants

ILRC, Oct. 2015 - "Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses. The text of the new law, California Penal Code § 1203.43, is set out in Appendix I. Anyone who has successfully completed deferred entry...

Cal. Ct. App. on Court Advisal - People v. Asghedom

People v. Asghedom, Jan. 5, 2016 - "Penal Code section 1016.5 mandates that, before accepting a guilty or no contest plea, the court must advise the defendant that the plea “may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

News Excerpts From the Aug. 15, 2016, Bender’s Immigration Bulletin

DHS Expands Eligibility for Provisional Waivers | On July 29, 2016, the Department of Homeland Security’s U.S. Citizenship and Immigration Services issued a final rule expanding the class of noncitizens eligible to receive provisional unlawful presence waivers. Under the new regulation, all...

California Democratic Congressional Delegation Urges Approval of State Waiver to Allow Undocumented Immigrants to Buy Into Obamacare

California State Senator Ricardo Lara (D-Bell Gardens), Sept. 14, 2016 - "The California Congressional Delegation released a letter today calling on the Obama Administration to approve a waiver that would allow undocumented immigrants to purchase unsubsidized health insurance through Covered California...

Cal. Truth Act Protects Rights of Detained Immigrants

Adolfo Flores, BuzzFeed News, Sept. 28, 2016 - "California on Wednesday became the first state to require that undocumented immigrants be told of their right to an attorney before being interviewed by federal immigration authorities while in custody. The Transparent Review of Unjust Transfers and...

BIA on Mayhem: Matter of Kim, 26 I&N Dec. 912 (BIA 2017)

Matter of Kim, 26 I&N Dec. 912 (BIA 2017) - The crime of mayhem in violation of section 203 of the California Penal Code, which requires a malicious act that results in great bodily injury to another person, necessarily involves the use of violent force and is therefore categorically a crime of violence...

S.Ct. Cal. on Ineffective Assistance: People v. Patterson

People v. Patterson, Mar. 27, 2017 - "Patterson argues that the prosecution cannot allege in good faith that he would have accepted the plea bargain even if he was aware of its immigration consequences because they have not proffered facts tending to show that such was the case, but the prosecution...

Feds, California Sup. Ct. Chief Justice Square Off Over ICE Courthouse Arrests

Los Angeles Times, Mar. 31, 2017 - "The Trump administration on Friday fired back at California's top judge, disputing her characterization this month that federal immigration agents were "stalking" courthouses to make arrests. In a letter to Chief Justice Tani Cantil-Sakauye, leaders...

BIA on CIMT: Matter of Wu, 27 I&N Dec. 8 (BIA 2017)

Matter of Wu, 27 I&N Dec. 8 (BIA 2017) - Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.

CA9 on CIMT - Ramirez-Contreras v. Sessions

Ramirez-Contreras v. Sessions - "California’s Vehicle Code § 2800.2 is not categorically a crime of moral turpitude, and thus, Petitioner is not statutorily ineligible for cancellation of removal. Petition GRANTED." [Hats off to Angelica Navarro Sigala!]

Will H-2A Visa Workers Save California Wines?

Esther Mobley, San Francisco Chronicle, July 28, 2017 - "Many grape growers consider H2A’s bureaucratic hurdles insurmountable: Those include costly fees, piles of paperwork and the requirement to provide government-inspected housing to workers. It’s a burden that many smaller-scale...

Refugees Fill Employment Vacuum in California Poultry Industry

Cindy Carcamo, Los Angeles Times, July 31, 2017 - "Refugees have increasingly become vital workers in an industry with high turnover. And the growing unrest and bloodshed in the Middle East and elsewhere have readily supplied them in places like the Central Valley. The refugee and immigrant populations...

California Sues Trump, Sessions Over Sanctuary Cities Policy

California Attorney General, Aug. 14, 2017 - "The Trump Administration cannot manipulate federal grant fund requirements to pressure states, counties or municipalities to enforce federal immigration laws,” said Attorney General Xavier Becerra. “By placing unconstitutional immigration...

Cal. Leg. Sends 'Sanctuary State' Bill to Gov. Brown for Signature

Taryn Luna, Angela Hart, Sacramento Bee, Sept. 16, 2017 - "California lawmakers early Saturday sent Gov. Jerry Brown a “sanctuary state” immigration bill that he is expected to sign after demanding changes that some advocates said weaken its impact. Senate Bill 54 will place limitations...