LexisNexis® Legal Newsroom
CA9 Amicus Brief on Expedited Removal for Canadians

Greg Boos writes: "As per the attached my Amicus Brief has been accepted in the expedited removal case before the 9th Circuit. A copy of the brief is attached. Please feel free to publish or distribute via e-media. Oral argument is set for August 26." United States Court of Appeals for the...

Ninth Circuit Finds Limited Review for Expedited Removal Orders: Robert Pauw

"In a recent decision, the Ninth Circuit concluded that there is jurisdiction to review the merits of a challenge to an “expedited removal order”. Smith v. CBP , ___ F.3d ____, 2014 U.S. App. LEXIS 438 (Jan, 9, 2014). Although the court ultimately rejected the petitioner’s merits...

Deported Without Seeing A Judge: One of the Worst Parts of the Immigration System

"B arack Obama wanted to be the president who signed immigration reform into law. Instead, six years into his presidency, he finds himself under attack from some of his would-be allies in the immigrant rights community. They call him the “deporter-in-chief”—a reference, primarily...

Strategic Use of Expedited Removal Authority - 2011 ICE Memo

Thanks to a FOIA request filed for LexisNexis by Steve Yale-Loehr , this April 5, 2011 ICE memo has been uncovered. ICE Policy # 11009.1 April 5, 2011

CA9 on Due Process, Expedited Removal: USA v. Raya-Vaca

"Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326. In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings...

Habeas, Stay, Expedited Removal Victory: Kabenga v. Holder

"At this juncture, the question before this Court is whether Kabenga's expedited removal should be stayed pending the resolution of his petition for a Writ of Habeas Corpus. That question turns primarily on a threshold jurisdictional issue: may this Court, pursuant to its federal habeas jurisdiction...

David A. Isaacson on Resumption of Diplomatic Relations with Cuba, Immigration Law

"[T]he resumption of diplomatic relations will not have an effect on the availability of CAA relief unless DHS wishes it to. However, natives and citizens of Cuba who are considering arriving at a U.S. airport in order to seek parole and ultimately adjustment of status under the CAA should keep...

Advance Copies of FR Notice, Rules re Cubans, Expedited Removal

This document is scheduled to be published in the Federal Register on 01/17/2017 - "This notice concerns the authority of the Department of Homeland Security (DHS or the Department) to place certain designated categories of aliens in expedited removal proceedings. On November 13, 2002, the former...

DHS Notice: Eliminating Exception To Expedited Removal Authority for Cuban Nationals Encountered in the United States or Arriving by Sea

Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 - "This notice concerns the authority of the Department of Homeland Security (DHS or the Department) to place certain designated categories of aliens in expedited removal proceedings. On November 13, 2002, the former Immigration and...

DHS Final Rule: Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air

Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 - "This final rule revises Department of Homeland Security (DHS) regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by aircraft...

EOIR Final Rule: Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air

Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 - "This final rule revises Executive Office for Immigration Review (EOIR) regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by...

CA9 on Right to Counsel: U.S. v. Peralta-Sanchez

U.S. v. Peralta-Sanchez, Feb. 7, 2017 Opinion by Judge Bybee - "Peralta had no Fifth Amendment due process right to counsel in the expedited removal proceeding under § 1225, and he cannot demonstrate prejudice resulting from the failure to notify him of the right to withdraw his application...

Expedited Removal Practice Advisory

Copyright (c) 2017, American Immigration Council , National Immigration Project of the National Lawyers Guild , and ACLU Immigrants’ Rights Project . Feb. 17, 2017 - "Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily remove a noncitizen...

Former ICE Officials: Trump's Expanded Expedited Removal May Be Illegal

Alan Gomez, USA Today, Feb. 24, 2017 - "Former immigration enforcement chiefs are questioning the legality of President Trump's plan to ramp up a program that allows federal agents to quickly deport suspected undocumented immigrants without appearing before a judge. "Expedited removals"...

Experts: Constitutionality of Trump's Expedited Removal Expansion Will Be Litigated "For Years"

David G. Savage, L.A. Times, Mar. 3, 2017 - "The Trump administration’s plan for putting hundreds of thousands of recent migrants in the country illegally onto a fast track for deportation is likely to trigger the next major legal battle over immigration enforcement. ... One part of that effort...

ILRC Policy Report on Expedited Removal: Fair Treatment Denied

Jose Magaña-Salgado, ILRC, June 1, 2017 - FAIR TREATMENT DENIED: The Trump Administration’s Troubling Attempt to Expand “Fast-Track” Deportations "This report estimates the current and future undocumented immigrant population potentially subject to various expedited removal...

CA7 on Expedited Removal: Victoria-Faustino v. Sessions

Victoria-Faustino v. Sessions, Aug. 2, 2017 - "Because we find that Victoria‐Faustino’s 2000 conviction was not properly classified as an aggravated felony, we grant the petition for review and remand to the Board of Immigration Appeals for further proceedings. ... We caution that we do not...

Trump Wants to Expand Expedited Removal, the Government's Secret Deportation Weapon

Bernice Yeung and Andrew Becker / October 26, 2017 - " Under President Donald Trump, immigration arrests have jumped by nearly 35 percent. They’re happening at courthouses, restaurants and in front of people’s homes. And these days, anyone who isn’t authorized to be in the country...