Chapter One Detection and Detention of Individuals for Removal 1 40 results (showing 5 best matches)
- U.S. Immigration and Customs Enf’t, Policy No. 10074.2, Issuance of Detainers by ICE Immigration Officers
- In 1996, Congress authorized the Attorney General to include immigration-related information in the FBI’s main criminal database, the National Crime Information Center (NCIC). In 2001, the Immigration and Naturalization Service (INS) include immigration information, would local law enforcement be deterred from checking immigration status? How has the inclusion of civil immigration information in the NCIC database impacted how immigration violators are viewed by law enforcement?
- U.S. Immigration and Customs Enf’t, Delegation of Immigration Authority Section 287(
- “I bet they fingerprinted you though, right?” Andrew had gotten this question so many times he knew exactly how to walk people through the process. “Nowadays whenever you get printed, it goes to this larger database and they can find your immigration records. Do you have a green card or any other immigration status?”
- The debate over immigration to the United States has spanned generations and spawned shifting policies to expand and restrict the movement of people across borders. Though the United States Constitution does not explicitly reference a federal power to regulate immigration, , the Plenary Power Doctrine has evolved to give broad deference to the legislative and executive branches in the creation and enforcement of immigration law.
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Chapter Three Bond and Challenging Detention 41 28 results (showing 5 best matches)
- U.S. Immigration and Customs Enf’t, Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act
- ‘Sanctuary’ Cities Targeted by ICE in Immigration Raids as Nearly 500 Arrested
- partnerships between local police and federal immigration authorities, as well as recent initiatives by the Trump Administration to detain and remove anyone in the United States without immigration status, regardless of criminal or immigration history.
- (Border Security and Immigration Enforcement Improvements); Memorandum from John Kelly, Sec’y, U.S. Dep’t Homeland Sec., Implementing the President’s Border Security and Interior Immigration Enforcement Policies (Feb. 21, 2017);
- Hearing to file with the immigration court on Susan’s
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Chapter Four Anatomy of a Removal Proceeding 61 23 results (showing 5 best matches)
- The conduct of administrative removal hearings varies from full “mini-trial” hearings before an immigration judge, to summary removal decisions made by a single immigration enforcement official with no judicial training. At one end of the spectrum, the “mini-trial” hearings before an immigration judge fall under INA § 240 and are federal administrative hearings. Immigration judges have broad jurisdiction on the conduct and nature of the hearing, and as can hear and rule on a variety of motions, such as suppression motions, motions for termination and motions challenging a particular respondent’s competency. Immigration judges may allow for an opening and closing statement, and the examination of witnesses very loosely follows trial protocols. Removal hearings also have an appeals process, first with the Board of Immigration Appeals (BIA), and then to federal circuit courts and finally the U.S. ...years, immigration cases have become a significant percentage of all federal appeals...
- U.S. Dep’t Justice, Immigration Judge Benchbook
- Immigration judges often see 20 to 30 people, or more, in a single day in a master calendar docket. Please review the list of advisals in the
- “Ok,” said Lucy. “I have to tell you first that I don’t work for the judge or for immigration. I’m a lawyer with the Florence Project. We work with people on their immigration cases for free. And, everything we talk about is confidential, okay? Does that make sense?”
- In 2013, EOIR launched the Nationwide Qualified Representative Program (NQRP) in an attempt to address competency in immigration court proceedings. Despite its launch in 2013, NQRP has not been expanded beyond a few immigration courts. As a result, courts that do not have the program are unable to pay appointed counsel or order competency examinations under the EOIR budget. How could an immigration court without access to the NQRP adequately order safeguards?
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Chapter Five Challenging Inadmissibility and Removal 77 7 results (showing 5 best matches)
- U.S. Immigration Law Research Guide: Structure of U.S. Immigration Law
- Understand burdens of proof in immigration hearings, including burden shifting.
- An oft repeated maxim in immigration removal proceedings is that “the Federal Rules of Evidence do not apply.” Aside from the rule’s obvious application to evidentiary matters, the statement represents a shorthand reference to the idea that few hard and fast rules apply in immigration proceedings. On first glance, and particularly compared to a field like criminal law, the United States currently provides limited procedural and substantive protections for non-citizens in removal proceedings, regardless of family ties, length of residence, and other individuating factors.
- “My name is Hong Zhi and I am an immigration lawyer with the National Immigrant Justice Center.” Hong paused as he slid the plastic chair closer to the plexiglass window, then continued, “I don’t work for the government and I don’t charge anything to help. Would it be ok for us to talk about your case? Everything that we talk about is confidential.”
- Hong shuffled through some papers and pulled out Jamal’s NTA, “So this is the ‘charging document’ that has all of the charges that immigration is
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Chapter Six Crimmigration 87 15 results (showing 5 best matches)
- Renee sighed, “Look your lawyer was right . . . when it comes to the criminal side. But, that isn’t how it works in immigration. Unfortunately, even though this program would help you in state court, it doesn’t help when it comes to immigration.”
- The notion that the immigration deportation system should be used to deport those with criminal records is not new. In fact, removing or preventing the entry of those with criminal records has occurred almost from the birth of the United States. the Immigration Act of 1990 (IMMACT90), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
- Understand the immigration definition of a criminal “conviction”, as well as the requirements of
- The U.S. Supreme Court acknowledged the merger of the criminal and immigration removal systems in 2009 in , the Court acknowledged that removal is “intimately related to the criminal process” and that “recent changes in our immigration law have made removal nearly an automatic result for a broad class of noncitizen offenders.”
- and write a 1–2 paragraph explanation to Francisco that explains why immigration officials will consider his crime to be a “conviction,” even if the state court does not.
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Introduction iii 4 results
- Practicing law is exciting, challenging, and rewarding, and the best way to experience the law is to delve into how its practice affects individual clients. There are few practice areas as dynamic and complex as immigration law, as the first few months of 2017 demonstrated. From the January 29, 2017, Executive Order banning the travel of individuals from certain Muslim-majority countries, to the indiscriminate targeting of undocumented immigrants like a 10-year old girl on her way to emergency surgery, the practice of immigration law requires an understanding of administrative law, constitutional law, litigation skills, diplomacy, and client management skills, among other things. This book seeks to place clients and their stories at the fore in order to equip students with an understanding of the fluidity and complex nature of immigration law. Viewing how cases unfold—often unpredictably—will help impart the confidence and knowledge necessary to creatively and effectively represent...
- This book also contains shorter case studies to familiarize students with substantive law within the context of re-lived controversies and challenges. These vignettes will immerse you in practical situations that routinely arise in the immigration context, forcing you to evaluate law and policy in a limited universe of facts. The shorter studies also expose you to the attorney’s ethical role vis-a-vis clients, potential clients, client family and friends, tribunals, and opposing counsel. In short, this book seeks to provide you with the necessary tools to represent clients in an administrative law setting by working through actual problems and the application of substantive immigration law.
- Finally, though the focus of this book is on the practice of immigration law, the techniques and lessons can be applied to many other practice areas.
- This book follows the stories of several real clients to give you a birds-eye view of the practical lawyering skills and substantive law involved in practicing immigration law. You will track the experiences of two primary clients, Susan Vasquez and Norman Kabbah, to experience working a case from beginning to end, while using documents and filings from the actual cases (names and identifying information have been changed). You will experience the pressure of evaluating a case and recommending potential courses of action with limited information in a limited time. In short, you will experience what attorneys experience when building a case and learn to problem solve and make decisions using a client-centered approach to representation.
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Chapter Seven Seeking Asylum, Withholding, and Convention Against Torture Relief 99 10 results (showing 5 best matches)
- litigant with no legal training, yet during his hearing the immigration judge essentially had their own discussion about the “persecutor bar” and other criminal bars to asylum. There was just no way that Norman understood what was going on. What Norman experienced as a child in Sierra Leone was horrific, yet the immigration judge easily found him ineligible to even apply for asylum.
- Asylum, Withholding of Removal, and Convention Against Torture (CAT) claims have become one of the most complex areas of practice in immigration removal defense. First, applicants must navigate the intricate web of statute, regulation and consistently inconsistent administrative policy, overlaid by court precedent from the U.S. Supreme Court, the Federal Courts of Appeal, and the Board of Immigration Appeals.
- Draft a summary of the “particular social group” case law pertaining to survivors of domestic violence, as if you were drafting an asylum brief to file in your local immigration court. At a minimum, your summary should consider Attorney General decisions, BIA decisions and Circuit Court of Appeals decisions in your particular jurisdiction.
- Andrew saw that Norman had expressed a fear of returning to Sierra Leone to the immigration judge. Norman told her that he was afraid of going back to Sierra Leone specifically because of his time as a child soldier. His claim centered on the fact that the government of Sierra Leone would want to arrest and kill him for what happened during the war.
- “I told the immigration inspector right away that I wanted to ask for asylum. . .I was scared, because I thought they would send me back right then. But, he called another agent and the man took me into another room where they made me wait for several hours before asking about why I wanted asylum. The man was very rude and told me that I should just go back because I was going to have to go to jail in the U.S. if I wanted to ask for asylum. I just kept telling him that I was more afraid of what would happen to me if I went back to my country and after a while, he gave me some paperwork and said that I was going to go to immigration detention where I would be able to tell an asylum officer my story.”
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Chapter Two The Power of Narrative and Client-Centered Representation 21 17 results (showing 5 best matches)
- Fact Sheet: EOIR’s Disciplinary Program and Professional Conduct Rules for Immigration Attorneys and Representatives
- Paromita Shah, Nat’l Law. Guild et al., Understanding Immigration Detainers: An Overview for State Defense Counsel
- Removal of Priest’s Cases Expose Deep Holes in Immigration Courts
- “I’m Mercedes Roman and I am an immigration attorney. I am here to help with your case if that is ok. This is my assistant Ana Joseph and she is here to help translate.”
- Is Mercedes qualified to represent immigration clients? What types of ethical issues should she be mindful of?
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Chapter Eight Other Relief from Removal 113 19 results (showing 5 best matches)
- Understand the interplay between fulfilling the legal requirements for relief and the discretion an immigration judge exercises in granting relief.
- The substantial differences between immigration removal defense and criminal defense come to the fore in the context of requesting relief from removal. The lack of guarantee of substantive due process, the possibility of indefinite administrative detention, the lack of discovery and timely access to case documents in the possession of DHS, the lack of set evidentiary standards, and significant barriers to access to counsel, among other issues, contribute to the difficulty of requesting and obtaining relief. Often, individuals in removal proceedings rely on underlying petitions filed before USCIS, which might take years to adjudicate, Immigration judges routinely deny applications for relief from removal simply because USCIS
- “Hey, Norman,” Andrew said solemnly. “Thanks for calling me back. I wanted to let you know right away that I got bad news from the BIA—they sided with the immigration judge.”
- Please review INA § 240A(d). Assume that the immigration judge ruled that terroristic threats was a “crime involving moral turpitude.” Does this affect Norman’s ability to apply for 42A Cancellation of Removal?
- “Yes, it was good language,” Renee agreed, “but I don’t think it will help right now. Honestly, at this point, I think we need to file our Motion to Reopen with the immigration court.”
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- Publication Date: May 31st, 2018
- ISBN: 9781640206038
- Subject: Immigration Law
- Series: Bridge to Practice
- Type: Skills
“In theory, there is no difference between theory and practice. But in practice, there is.” – Yogi Berra
Immigration law changes quickly and often. Not just small changes, but sweeping changes to substance and procedure that often require practitioners to adapt to and re-learn entire categories of law. Written as a novel and guided by directed questions and assignments, this book immerses students in the stories of real-life clients to provide a birds-eye view of the lawyering skills and substantive law involved in the practice of immigration law. The text follows two primary real-life client stories, designed to provide the experience of working a case from beginning to end. Several shorter, real-life client scenarios highlight particularly challenging aspects of substantive and procedural immigration practice as it stood at the beginning of 2018. Students develop strategies and advise clients on potential courses of action in a diverse range of situations, using real case documents. Rather than working with a set of predetermined facts extracted from a legal opinion, students learn to cut through the noise and identify information to frame and develop cases. The engaging material also lends itself to classroom exploration and discussion.
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