Archive for the “Removal and Deportation” Category

Update: Policy Guidance On ICE Detainers Under The Dec. 21 Morton Memo

Posted on December 22nd, 2012 by Vinesh

ICE has issued an important update to its policy on ICE holds/detainers that will affect hundreds of non-citizens in the Dallas-Fort Worth Area.  Below is a summary of arrestees that are subject to ICE holds. Who is subject to ICE holds/detainers? On December 21, 2012, ICE Director John Morton issued a memorandum providing new guidance […]

ICE Holds / Detainers in Texas county jails

Posted on December 21st, 2012 by Vinesh

You may have found this page because your relative was arrested for a criminal offense, and is being held in a county jail in Texas (or any other state for that matter).  And when you tried to bond him out, you were told by a bondsman or the sheriff’s office that your relative has something […]

5th Circuit Case Update: Escudero-Arciniega v. Holder

Posted on December 20th, 2012 by Vinesh

The Fifth Circuit held that burglary under New Mexico law is an aggravate felony under the Immigration and Nationality Act, because it counts as a “crime of violence.”  Previously the Fifth Circuit held that a Texas burglary conviction is also a crime of violence. I’m not convinced that either holding is correct. Crime of Violence […]

When Does An Lawful Permanent Resident Abandon His or Her Residence?

Posted on December 20th, 2012 by Vinesh

A finding of “abandonment of residence” is, or should be, a lawful permanent resident’s worst nightmare.  This happens when a green card holder arrives in the United States at a port of entry — think, airport or border crossing point — and asks to be let back into the country.  The Customs and Border Protection […]

My relative has a green card. So why is he being held by Immigration at the airport?

Posted on December 17th, 2012 by Vinesh

I am often contacted by immigrant families wondering why their permanent resident-relative is being detained at an airport or other port of entry by Customs and Border Protection.  In Texas, for example, green card-holders are often held up for secondary inspection at Dallas’s DFW Airport, Houston’s George Bush Intercontinental Airport, and San Antonio International Airport. […]

3 Reasons To Know the Immigration Consequences of Criminal Activity

Posted on September 23rd, 2010 by Vinesh

First, the Supreme Court says you should. In early 2010, the Court ruled that criminal defense attorneys are required to advise clients on the immigration consequences of their pleas.  Failure to do so counts as  “ineffective assistance of counsel.”  Specifically, defense attorneys should advise non-citizens that deportation is “presumptively mandatory” when the risk of removal […]

Why ICE’s Dismissal Policy Could Be Bad For Immigrants

Posted on September 1st, 2010 by Vinesh

While supporters of immigration reform are applauding ICE’s new immigration policy — which may lead to the dismissal of thousands of deportation cases — the policy could be bad for some aliens.  In particular, it could make life worse for aliens who are likely to win relief from removal. This is because the ICE memo […]

New ICE Removal Policy Is Not Amnesty For Immigrants

Posted on September 1st, 2010 by Vinesh

After a tad bit of reading, I’m of the opinion that the new Obama policy everyone is fussing about is not actually amnesty.  It doesn’t create new grounds of relief for someone in removal proceedings.  It doesn’t eliminate existing grounds of inadmissibility.  It’s just a faster way of doing what would probably happen anyways.  It’s […]

Unofficial Immigration Reform?

Posted on September 1st, 2010 by Vinesh

While immigration reform has yet to pass — and may not any time soon — the Obama Administration is implementing what some call an unofficial amnesty.  While the Administration is ramping up deportations of aliens with serious criminal histories, it’s begun dismissing thousands of removal cases.  The criteria?  If you’ve been here 2 years or […]

The DREAM Act: A Positive Incentive-Based Approach to Immigration Reform

Posted on August 31st, 2010 by Vinesh

I applaud the DREAM Act, pending federal legislation that would give undocumented students a pathway to citizenship.  It’s unique because it gives illegal immigrants positive incentives to stay here and do good things.  The DREAM Act grants a 6-year conditional permanent residency to illegal immigrant students who (1) graduate from a US high school, (2) […]