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How Immigrant Defense Funds Reduce Detentions and Deportations

Inside a gleaming office tower in downtown Denver, people file into one of the country’s sixty immigration courthouses. Single men, women, children, even entire families, present themselves before an immigration judge. When their names are called, they learn why the federal government wants them removed from the United States. A trained prosecutor employed by the Department of Homeland Security (DHS) announces the government’s charges, then the judge turns to the immigrants. Some are fortunate to have a lawyer who can push back. Maybe the government has the facts wrong. Perhaps there is a bit [...]

Posted by César on July 28, 2017 on 4:00 am 2 Comments
Filed Under: commentaries, Immigration Court, right to counsel, sanctuary

Improving justice one case at a time

There are currently 540,000 people in deportation proceedings somewhere in the United States. Most will make their final stance against forced separation from their families and homes without an attorney. This is a shameful mark on our nation’s commitment to justice that should stop. Earlier this month, New York officials took a significant step in that direction by funding a state-wide network of attorneys to represent people undergoing immigration court proceedings while detained. More cities and states should follow New York’s lead. Despite what politicians frequently suggest, deciding [...]

Posted by César on April 18, 2017 on 4:00 am 3 Comments
Filed Under: commentaries, Immigration Court, proposed legislation, right to counsel, sanctuary

Immigration judge leader to discuss merits of independent immigration courts at Denver Law

Should Congress move the immigration courts out of the Justice Department and create independent courts under Article I of the U.S. Constitution? The National Association of Immigration Judges thinks so. As the union representing many of the nation’s approximately 250 immigration judges, the NAIJ is the sole official means through which the public and policymakers hear from the front-line adjudicators who decide hundreds of thousands of cases every year. Despite being critical components of the immigration law system, the immigration courts are notoriously understaffed. As anyone who has [...]

Posted by César on August 30, 2016 on 4:00 am 2 Comments
Filed Under: conference, Immigration Court, Symposium

Immigration courts busy as obstacles to representation continue, government statistics reveal

Without much fanfare, last month the Justice Department’s Executive Office for Immigration Review, the agency that oversees the nation’s immigration courts, released its important annual compilation of statistical data. Though the report isn’t the only source of information about the immigration court system, it is a hugely valuable glimpse into the front-line adjudication of migrants’ attempts to remain in the United States. The fiscal year 2015 report, released in April 2016, reveals an immigration court system that continues to process hundreds of thousands of removal cases with glaring [...]

Posted by César on May 19, 2016 on 4:00 am 1 Comment
Filed Under: commentaries, Immigration Court, right to counsel

The Power of 1000: Updates from the Nation’s First Immigration Public Defender

By Andrea Saenz The nation’s first public defender system for detained immigrants facing deportation, the New York Immigrant Family Unity Project (NYIFUP), recently marked an important milestone unimaginable just a few years ago: representing over 1000 clients since opening its doors as a pilot project in 2013. That’s 1000 New Yorkers and their families who would have faced permanent separation for no reason except their inability to afford counsel. Instead, they entered court with an outstanding lawyer by their side, courtesy of the NYIFUP service providers: the Bronx Defenders, Brooklyn [...]

Posted by César on July 14, 2015 on 4:00 am 5 Comments
Filed Under: commentaries, guest blogger, Immigration Court, right to counsel

Cardozo clinic defeats aggravated felony charges after years of litigation

By Katie Tinto, Assistant Clinical Professor of Law, Cardozo School of Law On February 2, 2015, an immigration judge in New York City terminated removal proceedings after finding that the government failed to meet its burden of proof that a lawful permanent resident (hereinafter, “Mr. P”) was removable on the grounds of either an aggravated felony theft offense or an aggravated felony fraud offense. Matter of P-F-M- (NYC Immigr. Ct. Feb. 2, 2015). The Kathryn O. Greenberg Immigration Justice Clinic of Cardozo School of Law (IJC) represented Mr. P for over three years, but for Mr. P, a [...]

Posted by César on May 5, 2015 on 4:00 am Leave a Comment
Filed Under: aggravated felony, categorical approach, fraud or deceit, guest blogger, Immigration Court, theft offense

Nation’s First Immigrant Public Defender System Launches; Report Shows Deportations Cost Communities Millions

By Andrea Saenz This week, for the first time in the United States, detained immigrants who cannot afford attorneys will be provided with counsel through the New York Family Unity Project (NYIFUP). The program is a one-year pilot, funded through a grant from the forward-leaning New York City Council, which will provide representation for nearly 200 detainees at the Varick Street Immigration Court in New York City. The program grew out of research by the New York Immigrant Representation Study, under the leadership of now-Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the [...]

Posted by César on November 12, 2013 on 9:00 am 9 Comments
Filed Under: commentaries, guest blogger, Immigration Court, right to counsel

IJ: Not all drug convictions are controlled substance offenses

An immigration judge in New York recently concluded that a state conviction from possession of a controlled substance isn’t a controlled substance offense for immigration law purposes. Matter of Nunez, slip op. (NY Imm. Court September 20, 2013) (Segal, IJ). The IJ therefore dismissed the removal proceedings. This case involved an LPR convicted of criminal possession of a controlled substance in the seventh degree, N.Y. Penal Code § 220.03. DHS claimed that this conviction rendered him removable for having been convicted of a controlled substance offense (CSO) under INA § 237(a)(2)(B)(i). The [...]

Posted by César on November 5, 2013 on 9:00 am 21 Comments
Filed Under: categorical approach, controlled substance offense, Immigration Court

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