Hablamos Espanol? Welcome to Removal Proceedings!

I saw, with a real sense of disgust, the videos that have circulated recently on the internet. First, I saw the video of the attorney, who has taken an oath to protect rights, rail at a restaurant because other patrons were speaking Spanish. Second, I saw the Border Patrol agent speak to two United States…

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Sessions v. Dimaya: Relief at Last

Today, the Supreme Court ruled in Sessions v. Dimaya, that the crime of violence statute allowing removal of aggravated felons unconstitutional. This will have grave consequences for people currently in removal proceedings for “crimes of violence” and those with removal orders for these crimes. What is a “Crime of Violence” Aggravated Felony? The Immigration and…

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Analysis of the Ninth Circuit’s Decision on Travel Ban

Well, to start with, judges are people. If you attack them, they subconsciously, will hold it against you. So please have some respect for other branches of government Mr. President. What Happens Now? So the three judges panel upheld the lower court’s ruling banning the ban. The court ruled that the Plaintiffs have an interest…

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Caribbean Immigrants in the United States

In 2014, approximately 4 million immigrants from the Caribbean resided in the United States, accounting for 9 percent of the nation’s 42.4 million immigrants. More than 90 percent of Caribbean immigrants came from five countries: Cuba, the Dominican Republic, Jamaica, Haiti, and Trinidad and Tobago (see Table 1). Immigrants from the Caribbean vary in their…

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BIA Issues Three Decisions Dealing with the Adam Walsh Act

The Board of Immigration Appeals issued three decision dealing with issues related to the Adam Walsh Act. The Adam Walsh Act prevents USCIS from approving any visa petition filed by a United States citizen if the Petitioner was convicted of a charge relating to the abuse of a minor. The Service could approve the petition…

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Report Shows that Majority of Deportations are Done Through Expedited Removal Proceedings

The American Immigration Council published a report today showing that the majority of removals are being conducted through expedited removal procedures like expedited removal, reinstatement of removal, and stipulated removal. These three mechanisms, in my opinion violate basic constitutional rights including Due Process. The three mechanisms  allow immigration officials or an immigration judge to hasten…

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Eighth Circuit Rules that Evidence Obtained through a Warrantless ICE Arrest is not Suppressible

The Eighth Circuit ruled this week that evidence of alienage obtained through a warrantless  ICE search is not suppressible in removal proceedings. The petitioners were placed in removal proceedings and moved to suppress evidence of alienage under the Fourth Amendment‘s unreasonable search and seizure clause. They alleged in their affidavits that ICE agents barged into their home and…

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Suppressing Evidence in Removal Proceedings

One of the biggest problems in removal proceedings is the limited circumstances under which a respondent could challenge the government’s evidence. Usually the Service tries to introduce unreliable evidence to support the respondent’s deportability. I have had several cases when the government tried t o introduce hearsay statements from unnamed sources. The problem is that the…

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