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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...

Cal. Gov. Jerry Brown Signs SB 54, 'Sanctuary State' Package

Jazmine Ulloa, Los Angeles Times, Oct. 5, 2017 - "Under threat of possible retaliation by the Trump administration, Gov. Jerry Brown signed landmark “sanctuary state” legislation Thursday, vastly limiting who state and local law enforcement agencies can hold, question and transfer at...

Cal. Sup. Ct. on I-864: Kumar v. Kumar

Orrick, Oct. 23, 2017 - "In an issue of first impression, Orrick’s pro bono team has set California law with regard to the financial support of immigrants by their sponsors. In the test case, an abused Fijian wife of a U.S. citizen will be entitled to spousal support under provisions of federal...

Angelo Paparelli on AB 450: California's Law of Unintended Immigration Consequences

Angelo Paparelli, Oct. 29, 2017 - "The California legislature and Governor Jerry Brown have once again entered the immigration fray. This foray is not about the its Sanctuary State legislation , recently enacted, and promptly decried as “unconscionable” by U.S. Attorney General Jefferson...

Judge Enjoins DACA Wind-Down: Regents v. DHS

Josh Gerstein, Politico, Jan. 10, 2018 - "In a [49-page] ruling Tuesday evening, San Francisco-based U.S. District Court judge William Alsup ordered the administration to resume accepting renewal applications for the Deferred Action for Childhood Arrivals program, better known as DACA. Alsup said...

Sessions Sues California!

Katie Benner, Jennifer Medina, New York Times, Mar. 6, 2018 - "The Trump administration escalated what had been a war of words over California’s immigration agenda, filing a lawsuit late Tuesday that amounted to a pre-emptive strike against the liberal state’s so-called sanctuary laws...

California Reacts to Sessions' Lawsuit

California Department of Justice, Mar. 7, 2018 - "California Attorney General Xavier Becerra held a press conference with Governor Brown following U.S. Attorney General Jeff Sessions’ announcement that the Trump Administration has filed a lawsuit against the State of California."

Fresh Printz: Why Trump and Sessions Can't Stop the Sanctuary Movement

Peter L. Markowitz, Mar. 9, 2018 - "President Trump has been saber-rattling against “sanctuary” jurisdictions since the early days of his campaign. He and Attorney General Jeff Sessions have frequently threatened to withhold federal funding and even to jail local officials who refuse...

Cyrus D. Mehta on California's Civil Rights Laws Protecting Immigrants

Cyrus D. Mehta, Mar. 12, 2018 - "The Trump administration has ramped up its ire against California by filing a lawsuit against three different California laws that aims to protect immigrants from the harsh effects of federal enforcement. The three laws are the Immigrant Worker Protection Act, which...

DACA is Legal; Here's Why

Immigration law scholars filed this powerful amicus brief in a pending 9th Circuit appeal, Regents of the Univ. of Cal. v. DHS.

Citizenship Question on 2020 Census Sparks Multiple Lawsuits - UPDATED Mar. 28, 2018

On March 26, 2018, Commerce Sec. Wilbur Ross published this memo and stated: "I have determined that reinstatement of a citizenship question on the 2020 decennial census is necessary to provide complete and accurate data in response to the DOl request." California Attorney General Xavier Becerra...

Deported Army Vet Hector Barajas Wins Fight for US Citizenship

Elliot Spagat, Associated Press, Mar. 30, 2018 - "A deported U.S. Army veteran has been granted U.S. citizenship, a move made possible by California Gov. Jerry Brown’s pardon of a criminal offense last year. Lawyers for Hector Barajas said the government informed them Thursday their client...

Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues

Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues - Mar. 28, 2018

California Post Bulletin to Executives of State and Local Law Enforcement Agencies re Immigration

California Department of Justice, Division of Law Enforcement, Mar. 28, 2018 - "This bulletin provides guidance to law enforcement agencies regarding Senate Bill 54, effective January 4, 2018 (Sen. Bill No. 54 (2017-2018 Reg. Sess.)). SB 54 makes significant changes to California’s Transparency...