With much fanfare, Senators Richard Durbin (D-Illinois) and Linsey Graham (R-South Carolina) introduced a revamped version of the Dream Act yesterday. White House officials have already said that the president is unlikely to support it. But with a president who shifts positions constantly, it’s worth taking seriously the prospect that the Dream Act of 2017, S. 1615, moves forward. As with the earlier version of the Dream Act that came a handful of votes away from landing on President Obama’s desk and with DACA, the Dream Act of 2017 would exclude people who have encountered the criminal [...]
BIA: Stolen mailbox keys leads to aggravated felony conviction
Stealing mailbox keys proved the gateway to an aggravated felony conviction after Bandele Adeniye failed to show up for his court date, the Board of Immigration Appeals recently held. Matter of Adeniye, 26 I&N Dec. 726 (BIA March 17, 2016). Back in 1995 Mr. Adeniye, an LPR until that status was rescinded, was convicted of stealing mailbox keys, a federal felony in violation of 18 U.S.C. § 1704. Though it was news to me, stealing mailbox keys is apparently punishable by up to ten years imprisonment. Id. Before stepping into prison, Adeniye absconded. In 2014 he was caught and convicted [...]
Arizona on verge of increasing jail time for migrants
After a few years out of the limelight, Arizona legislators appear on the verge of reigniting the state’s notorious climate toward migrants. A subtle change to the state’s criminal sentencing statutes promises to substantially increase the amount of time in prison certain migrants face. The proposal, Senate Bill 1377, targets migrants who are in the country in violation of a small number of federal immigration crimes, most notably Immigration and Nationality Act § 275 and 276, illegal entry and illegal reentry respectively. SB 1377 would limit a sentencing judge’s power to tailor the [...]
BIA: Rehab is no different than jail, at least sometimes
When trying to figure out if a migrant has been sentenced to imprisonment, a court-ordered drug rehabilitation facility should be treated just like jail time, the Board of Immigration Appeals recently held. Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015). In doing so, the BIA further disincentivized alternative dispositions that have become a mainstay of criminal proceedings as a way of diverting people from prisons and into supportive treatment environments. This case involved an LPR convicted of aggravated assault in Texas and sentenced to five years of community supervision, [...]
BIA: Jail time imposed after probation violation counts as original sentence; willful infliction of corporal injury of spouse is crime of violence
In a published decision released last week, the BIA held that a term of imprisonment imposed after a probation violation is considered part of the penalty imposed for the original underlying conviction rather than a penalty imposed for a separate offense. Matter of Perez Ramirez, 25 I&N Dec. 203, 205 (BIA 2010) (Filppu, Cole, and Pauley). The BIA also held that California’s willful infliction of corporal injury on a spouse, Cal. Penal Code § 273.5(a), is a crime of violence type of aggravated felony. Matter of Perez Ramirez, 25 I&N Dec. at 208. Board Member Pauley wrote the opinion for [...]