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Speedy Removal

"From October 2007 through September 2011, more than 460,000 deportations were carried out under reinstatements across the country, shows an analysis of U.S. Department of Homeland Security records by The Chicago Reporter. Like Monreal, these immigrants were deported without the opportunity to appear...

CA9 on Reinstatement: Villa-Anguiano v. Holder

"Alejandro Israel Villa-Anguiano (“Villa”) petitions for review of the government’s reinstatement of a removal order issued in 1997. Villa contends that the Immigration and Customs Enforcement (“ICE”) agency of the Department of Homeland Security (“DHS”...

BIA Unpub. on Jurisdiction

"The Ninth Circuit recently held that nothing in section 241 (a)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1231(8)(5), or its implementing regulations deprives the agency of discretion to afford an alien a new plenary removal bearing. Villa-Anguiano v. Holder, 727 F.3d 873, 878...

Bond Hearing Required During Reinstatement Proceedings: Cruz-Sanchez v. DHS

"The undersigned counsel for the parties hereby STIPULATE and AGREE that Petitioner entered ICE’s custody on August 23, 2013 and will therefore be eligible for a bond hearing before an immigration judge pursuant to Diouf v. Napolitano, 624 F.3d 1081 (9th Cir. 2011) , (“Diouf II”...

Removal Without Recourse: The Growth of Summary Deportations from the United States

"The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status...

NLRB Orders Reinstatement Of Undocumented Bakery Workers

"The National Labor Relations Board has ordered a New York City bakery to give back jobs to several undocumented immigrants it axed over a decade ago for participating in protected labor activities, provided they can show they are allowed to work in the U.S. A three-judge panel said conditional...

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases "This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many...

CA9 on Reasonable Fear Determinations, Reinstatement, Standard of Review: Andrade-Garcia v. Lynch

Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief under the Convention Against Torture (CAT) from...

CA11 on Jurisdiction, Reasonable Fear, Reinstatement: Jimenez-Morales v. Lynch

Jimenez-Morales v. Lynch, May 2, 2016 - "[T]he question we must address is whether the conclusion of the reasonable fear proceeding made Mr. Jimenez-Morales’ premature 2014 petition for review ripen into one that gave us jurisdiction. The government says no, while Mr. Jimenez-Morales says...

AAO on Waivers, Reinstatement, U Visas: Matter of A-L- (Jan. 12, 2017)

Gail Pendleton writes: "Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5)."

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution because she had been targeted for extortion,...