ICE Overreaches Mandatory Detention Statute (Comments Off)
1/22/11 •
The law that establishes that ICE can hold a person in immigration custody without the opportunity for bond is termed “mandatory detention”. This law found in section 236(c) of the Immigration and Naturalization Act mandates that the Attorney General shall take an alien into custody after having committed one of the enumerated offenses described in [...]
Recent Posts
Detention without Charge; and I thought Zimbabwe was bad. (Comments Off)
11/29/10 •
Driving home this week I heard on NPR that the Obama administration is moving towards supporting legislation codifying indefinite detention of suspected terrorists. I am disappointed beyond words that the United States government is attempting to legitimize the suspension of habeas corpus as a response to the “war on terror”. The principal of habeas corpus [...]
Ninth Circuit – CIMT and Cancellation Eligibility (Comments Off)
11/09/10 •
Nov. 2, 2010 LOZANO ARREDONDO v. HOLDER Following the rather disastrous BIA decision Matter of Cortez immigration attorneys have been holding their breath for a Ninth Circuit decision addressing the issue. Cortez is important because it dramatically changed who is eligible for non LPR cancellation of removal (application EOIR-42B) through a flawed statutory interpretation of INA 237(a)(2)(A)(i). [...]
9th Circuit SAAVEDRA- FIGUEROA v. HOLDER (Comments Off)
11/07/10 •
November 5, 2010 SAAVEDRA- FIGUEROA V. HOLDER ( 9th Cir. 2010) http://www.ca9.uscourts.gov/datastore/opinions/2010/11/05/05-75210.pdf I thought this was a well reasoned and pragmatic opinion written by Judge Callahan. I particularly liked the part of the opinion when the Court refuses to remand simply to allow the government to introduce evidence to supplement the record of conviction that was [...]
Withholding of removal granted to schizophrenic woman (Comments Off)
11/06/10 •
November 1, 2010 Tacoma, Washington Immigration Judge Teresa Scala granted withholding to a 31 year old Mexican woman, Ms. OG, who was diagnosed with schizophrenia in 2006. The Immigration Judge held that Respondent established that “poor Mexican women with chronic mental illness” is a particular social group. The Department of Homeland Security had been seeking [...]
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Immigration Issues»
1/22/11 •
ICE Overreaches Mandatory Detention Statute11/29/10 •
Detention without Charge; and I thought Zimbabwe was bad.11/09/10 •
Ninth Circuit – CIMT and Cancellation Eligibility11/07/10 •
9th Circuit SAAVEDRA- FIGUEROA v. HOLDER11/06/10 •
Withholding of removal granted to schizophrenic woman
