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Judges can’t deny bail because ICE threatens removal

Focusing its sights squarely on criminal law’s intersection with immigration law, a federal appellate court concluded that judges can’t deny bail to migrant defendants simply because ICE threatens to deport them. The court’s opinion, in a case involving an illegal reentry prosecution, is an important reminder of the presumption of liberty in United States criminal law—and an equally stark example of ICE’s persistent efforts to pierce holes in that presumption. Mario Ailon-Ailon, a resident of Dodge City, Kansas for seven years, was arrested by ICE and handed over to the U.S. Marshals [...]

Posted by César on December 7, 2017 on 4:00 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, bond, detainer, illegal reentry, imprisonment

10 Cir rejects retroactivity of BIA decisions which change circuit precedent

By Mark R. Barr The U.S. Court of Appeals for the Tenth Circuit issued a precedential decision this week finding that a ruling from the BIA which interprets an ambiguous statute, and which overrules prior circuit court precedent under Brand X, should be presumed to act prospectively only. De Niz Robles v. Lynch, No. 14-9568, slip op. (10th Cir. Oct. 20, 2015). The decision will have a potentially sweeping impact on individuals who relied on controlling Tenth Circuit precedent only to have those settled expectations upset by an intervening, contrary Board decision. Our client, Alfonzo De [...]

Posted by César on October 21, 2015 on 9:16 pm Leave a Comment
Filed Under: 10th Circuit Court of Appeals, Board of Immigration Appeals, Due Process Clause, guest blogger

10 Cir: Expands mandatory immigration detention

Earlier this week, the U.S. Court of Appeals for the Tenth Circuit expanded the broad powers that immigration officials have to force migrants into mandatory immigration detention. Olmos v. Holder, No. 14-1085, slip op. (10th Cir. March 24, 2015). The court both endorsed and independently validated the Board of Immigration Appeals’ position that mandatory detention under INA § 236(c) is required even if the migrant is taken into ICE custody days after being released from criminal custody. This case involved a migrant convicted of state identity theft and two related crimes. After completing [...]

Posted by César on March 26, 2015 on 7:06 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, bond, imprisonment, mandatory detention, Uncategorized

10 Cir: Sentence reduction doesn’t alter period actually confined for good moral character determination

The U.S. Court of Appeals for the Tenth Circuit held that the period of confinement actually served governs a determination of whether a migrant lacks good moral character even if a criminal court reduces the sentence to a period less than the time actually spent behind bars. Garcia-Mendoza v. Holder, No. 13-9531, slip op. (10th Cir. June 2, 2014). Judge Briscoe wrote the panel’s opinion. This case involved a man who overstayed a visa and, years later, was convicted of driving under the influence and leaving the scene of an accident. He spent 104 days in jail prior to his conviction, all of [...]

Posted by César on August 21, 2014 on 4:00 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, cancellation of removal, good moral character, imprisonment

10 Cir: CO child abuse isn’t child abuse offense

The U.S. Court of Appeals for the Tenth Circuit held that a conviction for child abuse in Colorado categorically wasn’t a “child abuse” type of offenseaggravated felony. Ibarra v. Holder, No. 11-9539, slip op. (10th Cir. July 1, 2013) (Murphy, Seymour, and Holmes, J.). Judge Seymour wrote the panel’s decision. This case involved a woman who, despite having been brought to the United States as a four-year-old in 1985, remains unauthorized. She was convicted of “child abuse—negligence—no injury,” a Colorado misdemeanor carrying a minimum sentence of $50, Colo. Rev. Stat. § 18-6-401(1)(a), [...]

Posted by César on August 29, 2013 on 9:00 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, cancellation of removal, child abuse

10 Cir: Apple can lead to deportation if it’s 2nd marijuana conviction because 2 convictions arising from same activity aren’t ‘single offense’ under controlled substances deportation ground

The U.S. Court of Appeals for the Tenth Circuit held that the phrase “single offense” in the controlled substances offense basis for deportation, INA § 237(a)(2)(B)(i), does not apply to more than one drug crime. Martinez-Mercado v. Holder, No. 11-9535, slip op. (10th Cir. July 27, 2012) (Kelly, Murphy, and Holmes, JJ.). Judge Murphy wrote the panel’s decision. This case involved an individual who became an LPR in 2002 and was convicted in 2007 of possession of marijuana, Utah Code Ann. § 58-37-8(2)(a)(i), and possession of drug paraphernalia (an apple, as described below), Utah Code Ann. § [...]

Posted by César on January 15, 2013 on 9:00 am 8 Comments
Filed Under: 10th Circuit Court of Appeals, cancellation of removal, controlled substance offense, stop-time rule

10 Cir: Lawful entry can be illegal reentry

The U.S. Court of Appeals for the Tenth Circuit held that an entry that would constitute a lawful entry for purposes of admission was an illegal reentry for purposes of reinstatement of removal. Cordova-Soto v. Holder, No. 10-9569, slip op. (10th Cir. Oct. 17, 2011) (Hartz, Holloway, and Porfilio, JJ.). Judge Holloway wrote the panel’s decision. This case involves an LPR who, pro se, requested and received a stipulated order of removal in which she conceded removability for having been convicted of an aggravated felony among other charges. Cordova-Soto, No. 10-9569, slip op. at 2-3. She was [...]

Posted by César on February 21, 2012 on 9:00 am 112 Comments
Filed Under: 10th Circuit Court of Appeals, admission, illegal reentry, reinstatement of removal

10 Cir: Col menacing is crime of violence type of aggravated felony

The U.S. Court of Appeals for the Tenth Circuit held that a felony conviction for violating Colorado’s menacing offense, Colo. Rev. Stat. § 18-3-206, is a crime of violence type of aggravated felony. Damaso-Mendoza v. Holder, No. 10-9579, slip op. (10th Cir. Aug. 9, 2011) (Kelly, Hartz, and Holmes, JJ.). Judge Hartz wrote the panel’s decision in a case that did not receive oral argument. This case involved an LPR who pleaded guilty to menacing and was sentenced to eighteen months imprisonment. Damaso Mendoza, No. 10-9579, slip op. at 2. According to the Tenth Circuit, the menacing statute [...]

Posted by César on February 14, 2012 on 9:00 am 6 Comments
Filed Under: 10th Circuit Court of Appeals, aggravated felony, crime of violence

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