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9 Cir: Conspiracy aggravated felony requires overt act; rejects BIA position

The U.S. Court of Appeals for the Ninth Circuit held the generic definition of “conspiracy” used in the aggravated felony definition requires an overt act in furtherance of the conspiracy, but Nevada’s conspiracy offense does not. This discrepancy between the federal generic definition and the state statute means a conviction under the Nevada conspiracy statute is not a conspiracy type of aggravated felony. United States v. García-Santana, No. 12-10471, slip op. (9th Cir. Feb. 20, 2014) (Alarcón, Berzon, and Zouhary, JJ.). Judge Berzon wrote the panel’s opinion. This case involved a woman [...]

Posted by César on February 25, 2014 on 9:00 am 5 Comments
Filed Under: 9th Circuit Court of Appeals, aggravated felony, Board of Immigration Appeals, conspiracy, Due Process Clause, illegal reentry

Border Patrol’s “Consequence Delivery System” Casts Doubt on President’s Immigration Priorities

By Geoffrey Boyce On February 11, articles in the New York Times and the Washington Post focused attention on Operation Streamline, the federal program under which as many as 80 unauthorized border crossers may be charged, convicted and sentenced in a hearing lasting as little as half an hour. Those convicted under Streamline face sentences of up to 180 days for “illegal entry,” INA § 275, or 2 to 20 years for “illegal reentry,” INA § 276, depending on whether they have a previous “aggravated felony” conviction in the United States. Readers of crImmigration.com are likely familiar with [...]

Posted by César on February 18, 2014 on 9:00 am 17 Comments
Filed Under: guest blogger, illegal entry, illegal reentry, imprisonment, Operation Streamline, U.S. District Courts

5 Cir: You can’t make up constitutional provisions

In a harsh rebuke to roughly thirty-five years of government practice, the U.S. Court of Appeals for the Fifth Circuit exposed the government’s repeated reliance on a non-existing constitutional provision to deny U.S. citizenship claims by children born out of wedlock in México. Saldana Iracheta v. Holder, No. 12-60087, slip op. (5th Cir. September 11, 2013) (Reavley, Elrod, and Graves, JJ.). Judge Graves wrote the panel’s decision. This case involved an individual who was born in México to a U.S. citizen father and Mexican citizen mother who were not married to each other. As an adult, [...]

Posted by César on October 1, 2013 on 9:00 am 1 Comment
Filed Under: 5th Circuit Court of Appeals, citizenship, illegal entry, illegal reentry, jurisdiction

Critical report on criminalization of migrants

Last week Human Rights Watch released a damning report on the federal government’s sustained effort to use criminal law and procedure to sanction immigration law violations. The report, Turning Migrants into Criminals: The Harmful Impact of U.S. Border Prosecutions (May 2013), documents the many ways in which the criminal justice system has been employed to punish conduct that previously was largely dealt with through the civil immigration system or that didn’t often register on the government’s radar. Though the 83-page report has much to offer, there were a few aspects worth [...]

Posted by César on May 27, 2013 on 9:00 am 10 Comments
Filed Under: commentaries, illegal entry, illegal reentry, imprisonment, Operation Streamline

Report details expanding fed immigration prosecutions

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 [...]

Posted by César on September 6, 2012 on 9:00 am 115 Comments
Filed Under: commentaries, illegal reentry, imprisonment

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 [...]

Posted by César on April 10, 2012 on 9:00 am 11 Comments
Filed Under: 5th Circuit Court of Appeals, Child Citizenship Act, illegal reentry, Padilla v. Kentucky, post-conviction relief, right to counsel

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

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César’s talks

January 15: Guest lecturing at the University of Denver in a course about immigration in the 20th century United States (closed)

January 28: Speaking to the Tulane Law School faculty in New Orleans (closed)

February 1: In Los Angeles to participate in Southwestern Law School's "Immigration in the Trump Era" symposium

February 6: At the University of Denver, I'll moderate a noon panel about race scholarship in higher education. Later that day, I'll speak to undergrads enrolled in Professor Lisa Martinez's "Deportation Nation" course (closed).

February 8: In Houston, I'll speak at the South Texas College of Law about ethical issues in representing detained migrants

February 15: At the University of Denver, I'll participate in the inaugural Civil Rights Summit

February 25: I'll be in New York City speaking to the Cardozo Law School faculty

February 28: At California State University, Fullerton, I'll discuss detention and family separation

March 14: I'll deliver the 19th Annual Buck Colbert Franklin Memorial Civil Rights Lecture at the University of Tulsa

All events are open to the public unless marked "closed"

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