LexisNexis® Legal Newsroom
Second Circuit on derivative citizenship, custody, appointment of counsel: Garcia v. ICE

"Appeal from judgment of the United States District Court for the Western District of New York (Telesca, J.). The district court denied Petitioner habeas corpus relief after finding that Petitioner did not derive citizenship from his father; the district court ruled that Petitioner was not in his...

Where Individuals Enter ICE Custody: State-by-State Details

"On a typical work day Immigration and Customs Enforcement (ICE) took 1,509 individuals into custody, according to the latest available ICE data from November and December 2012. During weekends, the volume of detentions decreased to an average of 471 people a day placed in ICE custody. This means...

Free Webinar June 5th: Who Is Being Taken Into ICE Custody? Tracing Detention Practices State-by-State

Registration for Free Webinar Who Is Being Taken Into ICE Custody? Tracing Detention Practices State-by-State Wednesday June 5, 2013 at 2:00 PM (Eastern US) - TRAC

Guide for Detained and Removed Parents with Child Custody Concerns

"If you are in immigration detention and you do not know who is taking care of your children, or if your children are in the child welfare system, it is very important that you get help from a lawyer, a legal aid organization, or relatives and friends as soon as possible. Steps you can take to protect...

Another 'When Released' Habeas Victory: Masih v. Aviles

"[B]ecause Mr. Masih was not released from postconviction physical custody, the Government is not authorized to hold him in mandatory detention pursuant to section 1226(c)." - Masih v. Aviles, May 20, 2014 . [Hats off to Michael Z. Goldman !]

Nebraska Supreme Court on Custody: Daniels v. Maldonado-Morin

"We find, viewing the facts in a light most favorable to Maldonado-Morin, that the record demonstrates Maldonado-Morin’s husband of over 12 years has been forced to move to Mexico and that Maldonado-Morin wants herself, Deonte, and Morin’s biological children to live with him. In that...

CA9 on Burden of Proof, Custody: Medina-Lara v. Holder

"For reasons to be set forth in a disposition which will follow in due course, we grant Medina–Lara’s petition for review because the government did not meet its burden to show that his California convictions constitute predicate offenses for purposes of removability under 8 U.S.C. §...

Advance Copy of EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

The 'When' of Immigration - Angelo A. Paparelli

"In everyday English, “when” clearly “connote[s] immediacy.” . . . ’”when’ … can be read, on the one hand, to refer to ‘action or activity occurring ‘at the time that’ or ‘as soon as’ other action has ceased or begun...

DACA, DAPA Reviews Lead to ICE Releases

"More than 200 people have been released from immigration custody in Arizona in the last month following the Department of Homeland Security’s new enforcement priorities, ICE officials said. On Nov. 20, President Obama announced that parents of U.S. citizens or legal permanent residents...

ICE Announces 'Enhanced' Custody Procedures

ICE announces enhanced oversight and release procedures for custody determinations involving detainees with criminal convictions "U.S. Immigration and Customs Enforcement (ICE) announced enhanced oversight and release procedures for custody determinations involving individuals with criminal convictions...

Groundbreaking Unpub. BIA Decision for Juveniles and SIJS in Georgia

Charles Kuck writes - "On June 1, 2015, Kuck Immigration Partners, through our amazing associate attorney Anna Erwin , received a groundbreaking (but as of yet unpublished) decision from the Board of Immigration Appeals . The Board reversed the decision of the Atlanta Immigration Judge to deport...

ICE Issues Guidance on Care of Transgender Individuals in Custody

"U.S. Immigration and Customs Enforcement’s (ICE), Office of Enforcement and Removal Operations (ERO) issued further guidance to personnel on how to care for transgender individuals in custodial settings. “The Transgender Care Memorandum reaffirms ICE’s commitment to provide...