By Sarah Flinn For over 100 years, the Supreme Court has recognized the federal government’s authority to detain any migrant during removal proceedings. Wong Wing v. United States, 163 U.S. 228, 235 (1896). In a 2011 decision, however, the U.S. Court of Appeals for the Third Circuit held that this authority is not unlimited and courts must ensure that detention while removal proceedings are pending is “reasonably necessary to secure removal.” Diop v. ICE/Homeland Sec., 656 F.3d 221, 234 (3d Cir. 2011). The Third Circuit further adds that there is a point beyond which the detainment is no [...]
Immigration detainer workshop
Immigration detainers are a key feature of current-day crimmigration law enforcement. They enable ICE to identify and apprehend potentially removable individuals who come into contact with local law enforcement agencies across the United States. In recent years, ICE has used detainers quite vigorously. From October 2011 to August 2013, the agency issued 436,478 detainers. Immigration detainers essentially ask local law enforcement agencies such as sheriffs’ offices to hold a potentially removable migrant for up to 48 hours after the end of the criminal matter. For example, 48 hours after a [...]
3 Cir: Finding of guilt is not always a conviction
By Tamikka Pate The U.S. Court of Appeals for the Third Circuit held that “by ' judgment of guilt' Congress most likely intended to refer to a judgment in a criminal proceeding, namely a trial or a proceeding whose purpose is to determine whether the accused committed a crime and which provides the constitutional safeguards normally attendant upon a criminal adjudication.” Castillo v. Attorney General, No. 12-2073, slip op. (3rd Cir. September 03, 2013). Castillo is a native and citizen of Peru. In 1985, he entered the U.S. without inspection, became a temporary resident in 1988, and [...]
3 Cir: Barred from 212(c) relief by conviction that didn’t exist when application filed
The U.S. Court of Appeals for the Third Circuit held that a noncitizen was not eligible for relief under former INA § 212(c) because a conviction that occurred 13 years after submitting his application pushed him beyond the permissible time of imprisonment. Lupera-Espinoza v. Attorney General, No. 12-2007, slip op. (3d Cir. May 28, 2013) (Hardiman, Aldisert, and Stark, JJ.). Judge Hardiman wrote the panel’s opinion. This case involved an LPR who was convicted of selling cocaine in 1993. A year later he was placed in deportation proceedings during which he sought § 212(c) relief. At that [...]
3 Cir: Exclusionary rules applies in removal proceedings
In an impressively articulated and groundbreaking decision, the U.S. Court of Appeals for the Third Circuit held that the exclusionary rule can apply in removal proceedings when ICE agents engage in egregious or widespread constitutional violations. Oliva-Ramos v. Attorney General, No. 10-3849, slip op. (3d Cir. Nov. 16, 2011) (McKee, Rendell, and Ambro, JJ.). Judge McKee wrote the panel’s decision. The events that led up to this case being litigated read like a nightmare. At 4:30 in the morning armed ICE agents appeared at the apartment that Oliva-Ramos shared with his three sisters, nephew, [...]
3 Cir: MN sex offender registration not CIMT; adjustment doesn’t reset admission date
The U.S. Court of Appeals for the Third Circuit recently held that Minnesota’s predatory offender registration crime does not involve moral turpitude. Totimeh v. Attorney General, Nos. 10-3939 & 11-1998, slip op. (3d Cir. Jan. 12, 2012) (McKee, Rendell, and Ambro, JJ.). The court also followed the BIA’s 2011 decision in which the Board held that the applicable date of admission for removability is the date on which the noncitizen was in the country when the crime was committed as opposed to a later adjustment of status date. Judge Ambro wrote the panel’s decision. This case involves an [...]
3 Cir: Probable cause needed to consider returning LPR as seeking admission; aiding & abetting wire fraud is aggravated felony
The U.S. Court of Appeals for the Third Circuit held that an immigration officer must have probable cause to believe that an LPR returning to the United States from a trip abroad has committed an offense listed in INA § 212(a)(2) to determine that the LPR is seeking admission. John Doe v. Attorney General, No. 10-2272, slip op. (3d Cir. Sept. 8, 2011) (Rendell, Smith, and Fisher, JJ.). Judge Smith wrote a majority opinion joined by Judge Fisher. Judge Rendell wrote separately concurring in part and dissenting in part. This case involved an LPR who was paroled into the United States upon [...]
3 Cir: Limits § 236(c) mandatory detention to reasonable period
The U.S. Court of Appeals for the Third Circuit held that INA § 236(c) authorizes mandatory detention only for a reasonable period of time. Diop v. ICE, No. 10-1113, slip op. (3d Cir. Sept. 1, 2011) (Fuentes, Chagares, and Pollak, JJ.). Judge Fuentes wrote the panel’s decision. This case involved a petition for writ of habeas corpus brought by an individual who was convicted in 1995 of Pennsylvania possession of a controlled substance with the intent to manufacture or deliver it and in 2005 of reckless endangerment. Diop, No. 10-1113, slip op. at 4. After being placed in removal [...]