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When a criminal alien isn’t

In conversations about immigration law reform, migrants with criminal records are something of a bogeyman. Like President Obama before him, President Trump claims that his administration’s immigration law-enforcement priorities target so-called criminal aliens. Even advocates frequently turn their backs on migrants who have run up against the criminal justice system. In New York City and Los Angeles, for example, elected officials have insisted that people convicted of certain crimes not benefit from public money intended to help migrants avoid immigration detention and deportation. In Denver, [...]

Posted by César on August 8, 2017 on 4:00 am Leave a Comment
Filed Under: 2d Circuit Court of Appeals, citizenship, false imprisonment, imprisonment, right to counsel

Developing Better, Fairer Bond Hearings: Next Steps After Lora v. Shanahan

By Andrea Saenz The Second Circuit’s recent decision in Lora v. Shanahan, No. 14-2343-pr-, slip op. (2nd Cir. Oct. 28, 2015), gives immigration detainees a lot to be hopeful about, and gives scholars and advocates a lot of new questions to chew on. In Lora, the Second Circuit held that noncitizens cannot be subjected to prolonged no-bond detention under INA § 236(c) while their deportation cases are pending, and therefore must be given a bond hearing within six months of their detention. As Alina Das wrote on this blog, the decision represents a resounding victory for core due process [...]

Posted by César on November 10, 2015 on 4:00 am Leave a Comment
Filed Under: 2d Circuit Court of Appeals, bond, burden, guest blogger, imprisonment, mandatory detention

A Light at the End of A Long, Dark Tunnel: The Second Circuit’s Limit on Indefinite Detention in Lora v. Shanahan

By Alina Das Every day, tens of thousands of immigrants experience immigration detention as punishment. Although characterized in law as “civil”, “non-punitive”, and “administrative” in nature, immigration detention presents all the hallmarks of punishment—immigrants are routinely locked up in county jails or private prisons, many miles away (and too often across state lines) from their families and communities, forced to wear prison uniforms, shackled when they appear in court, at the mercy of the jail or prison guards with respect to their ability to seek medical care and myriad other [...]

Posted by César on November 5, 2015 on 4:00 am Leave a Comment
Filed Under: 2d Circuit Court of Appeals, bond, guest blogger, habeas, imprisonment, mandatory detention

2 Cir: Broadens 212(h) eligibility; further isolates BIA & 8th Circuit

The U.S. Court of Appeals for the Second Circuit held that anyone who did not enter the country as a lawful permanent resident is eligible for a waiver of inadmissibility under INA § 212(h). Husic v. Holder, No. 14-607, slip op. (2d Cir. Jan. 8, 2015) (Katzmann, Winter, and Marrero). Chief Judge Katzmann wrote the panel’s decision. This case involves a 65-year-old migrant who entered the United States in 1994 on a B-2 nonimmigrant visa. About four years later he became an LPR by adjusting his status. In 2012, he pleaded guilty to attempted criminal possession of a weapon in the second [...]

Posted by César on February 17, 2015 on 4:00 am Leave a Comment
Filed Under: 212(h), 2d Circuit Court of Appeals, aggravated felony, Uncategorized, waiver

2 Cir: NY sale of controlled substance is aggravated felony

The U.S. Court of Appeals for the Second Circuit held that a conviction under New York law for sale of a controlled substance is categorically an illicit trafficking in a controlled substance type of aggravated felony even though the conviction merely involved an attempt to sell. Pascual v. Holder, No. 12-2798, slip op. (2nd Cir. July 9, 2013) (Jacobs, Kearse, and Carney, JJ.) (per curiam). This case involved an individual who was convicted of violating New York Penal Law § 220.39, sale of a controlled substance, and on that basis ordered removed by an IJ. The BIA affirmed. In an earlier [...]

Posted by César on April 15, 2014 on 9:00 am 5 Comments
Filed Under: 2d Circuit Court of Appeals, aggravated felony, categorical approach, illicit trafficking, New York state court, state court

2 Cir: Sale of controlled substance is aggravated felony even if no sale occurred

The U.S. Court of Appeals for the Second Circuit held that a conviction for criminal sale of a controlled substance (narcotic) in New York, New York Penal § 220.39(1), constitutes drug trafficking, a type of aggravated felony. Pascual v. Holder, No. 12-2798, slip op. (2d Cir. Feb. 19, 2013) (Jacobs, Kearse, and Karney, J.) (per curiam). This case involves an LPR who was convicted in 2008. He sought but was denied cancellation of removal because the IJ concluded his conviction is an aggravated felony. On appeal to the Second Circuit, Pascual claimed that his conviction is not an aggravated [...]

Posted by César on March 26, 2013 on 9:00 am 90 Comments
Filed Under: 2d Circuit Court of Appeals, aggravated felony, illicit trafficking

BIA: Look at elements of offense to determine if statute is divisible

The BIA held that a statute of conviction is divisible if some conduct that satisfies an element of the offense could result in removal while other conduct would not. Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012) (Cole, Pauley, and Wendtland, Board members). Board member Pauley wrote the panel’s decision. This case involved an LPR convicted of menacing in the second degree, NY Penal Code § 120.14. An IJ determined that this was a firearms offense under INA § 237(a)(2)(C). Upon remand from the U.S. Court of Appeals for the Second Circuit, the BIA was required to determine whether the [...]

Posted by César on April 26, 2012 on 9:00 am 25 Comments
Filed Under: 2d Circuit Court of Appeals, aggravated felony, Board of Immigration Appeals, firearms offense, Second Circuit Court of Appeals

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