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Perez Santana v. Holder – First Circuit
The American Immigration Council, working with the National Immigration Project of the National Lawyers Guild, has repeatedly challenged the “departure bar,” a regulation that precludes noncitizens from filing a motion to reopen or reconsider a removal case after they have left the United States. The departure bar not only precludes reopening or reconsideration based on new evidence or arguments that may affect the outcome of a case, but also deprives immigration judges and the Board of Immigration Appeals of authority to adjudicate motions to remedy deportations wrongfully executed, whether intentionally or inadvertently, by DHS. We argue that the regulation conflicts with the statutory right to pursue reopening and, as interpreted by the government, is an impermissible restriction of congressionally granted authority to adjudicate immigration cases.
Read MorePractice Advisory on Supreme Court’s Favorable Decision in Vartelas v. Holder
Washington, D.C.—Last week, the Supreme Court issued a decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and […]
Read MoreOver 150 Groups Demand Obama Administration Stop Immigration Raids
Last month the Department of Homeland Security (DHS) announced that since the end of January they have been conducting “Operation Border Guardian,” which has been focusing on the removal of individuals who came to the United States as unaccompanied children after January, 1, 2014, but are now 18 or older. As of March 9, DHS […]
Read MoreImmigrants with H-1Bs essential to U.S. economy
All too often, the topic of immigration reform is mentioned in the same breath as “social justice,” as though one is merely an extension of the other’s moral imperative. To do so is to exclude a careful consideration of the myriad productive components, and to therefore fundamentally misunderstand immigration as an indelible and invaluable mainstay […]
Read MoreReligious Leaders, Formerly Detained Families, and Advocates Protest Family Detention at White House
Protesters gathered in Lafayette Square just across from the White House on Monday. The protest coincided with the 138th annual White House Easter Egg roll. As families inside enjoyed the annual White House festivities, protesters outside the gates highlighted the plight of detained immigrant families. On a day filled with tradition and meaning for so […]
Read MoreAfter Surviving Brutal Kidnapping, Colombian Immigrant Becomes Successful Miami Entrepreneur
Cristhian Mancera loved his native Colombia and had planned to stay there forever. But when he was kidnapped at age 28, he lost faith in his country. “I was held for 10 hours and thought I was going to die. I was hit in the head multiple times,” he says. Although Mancera recovered physically, he […]
Read MoreDistrict Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court
A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of attention when press reports revealed that an immigration judge deposed in the case said he had successfully taught three-year-olds immigration law. The focus of […]
Read MoreNew Rule Improves Learning Experience for International Students With STEM Degrees
This month, the Department of Homeland Security (DHS) issued a final rule which will allow international students in certain science, technology, engineering or mathematics (STEM) fields to maximize their educational experience in the United States. The rule accomplishes this by preserving an extension of the period of time during which they may take part in […]
Read MoreWhy Pope Francis is Right on Immigration
This Sunday, March 13, marks the third anniversary of Pope Francis’ appointment. Often known as the “People’s Pope” and “Pope of the Poor”, the pontiff has won many accolades for his humble style and focus on service for the disadvantaged. The Argentine native is both the first non-European pontiff and the first Jesuit to head […]
Read MoreHundreds of Groups Weigh in on Immigration Case Headed to Supreme Court
A diverse coalition of 326 immigration, civil rights, labor, and social service groups filed an amicus (friend-of-the-court) brief with the U.S. Supreme Court today in United States v. Texas, urging the court to lift the injunction that has blocked the deferred action initiatives that President Obama announced in November 2014. In the brief—filed by the […]
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