crimmigration.com

The intersection of criminal law and immigration law

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After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

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Citizenship is complicated

U.S. citizens don’t need the federal government’s permission to enter and exit the United States. They can’t be forcibly removed from the United States, and they can’t be convicted of entering the United States without the federal government’s permission. Put simply, immigration law’s controls on movement are off-limits to U.S. citizens. But what happens when someone doesn’t know they are a U.S. citizen? The short answer is that things get complicated. For the longer answer, let’s turn to the experience of Javier Garza-Flores. Born in México in 1974, he always knew that he was a Mexican [...]

Posted by César on September 12, 2022 on 5:00 am 1 Comment
Filed Under: 5th Circuit Court of Appeals, burden, citizenship, illegal reentry, reinstatement of removal, U.S. District Courts

Supreme Court expands ICE detention power

In a split decision, the U.S. Supreme Court announced that the Immigration and Customs Enforcement agency can detain some migrants who fear for their lives if deported without giving them even the power to ask for release. The 6-3 decision, Johnson v. Guzman Chavez, No. 19-897 (U.S. June 29, 2021), expands ICE’s mandatory detention power over people who have previously been ordered removed from the United States, but who immigration officials find in the country. A dissenting opinion written by Justice Breyer would have adopted an alternative reading of key statutory language that would have [...]

Posted by César on June 29, 2021 on 12:47 pm 4 Comments
Filed Under: imprisonment, mandatory detention, reinstatement of removal, U.S. Supreme Court

Record number of immigration prisoners; 715,000 people removed or returned

The Department of Homeland Security imprisoned a record number of individuals last year and upped the number of people removed or returned from the United States to over 715,000, its newly released annual report indicates. John Simanski & Lesley M. Sapp, Immigration Enforcement Actions: 2011 Annual Report (September 2012). Compiled by staffers at the department’s Office of Immigration Statistics, the Annual Report is a yearly snapshot of immigration law enforcement efforts. The total number of people removed or returned in fiscal year 2011 was 715,495. Of these, 391,953 were removed after [...]

Posted by César on September 11, 2012 on 9:00 am 4 Comments
Filed Under: imprisonment, reinstatement of removal, statistics

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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