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 [...]
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). [...]
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 [...]
