A new Justice Department report provides fascinating details about the federal prosecution of immigration activities. Mark Motivans, U.S. Dept. of Justice, Bureau of Justice Statistics, Federal Justice Statistics Program: Immigration Offenders in the Federal Justice System, 2010 (July 2012). The report was authored by a Justice Department statistician using data from a host of government agencies. It will come as no surprise to crImmigration.com readers that the report found that federal criminal prosecutions of immigration-related activities have soared in recent years. The roughly 52,000 [...]
5 Cir: Failure to investigate plausible derivative citizenship claim is ineffective assistance
The U.S. Court of Appeals for the Fifth Circuit granted an ineffective assistance of counsel claim where the defense attorney failed to investigate a defendant’s plausible derivative citizenship claim. United States v. Juarez, No. 09-20764, slip op. (5th Cir. Feb. 24, 2012) (Reavley, Elrod, and Graves, JJ.). Judge Graves wrote the panel’s opinion. This case involves an individual who was born in México and entered the United States with his mother as a six-year-old. Prior to the defendant’s eighteenth birthday, his mother naturalized. In addition, he married a U.S. citizen prior to turning [...]
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 [...]