Archive for October, 2011

USCIS’s fraud investigation zeal rendering the Howard Memo obsolete.

Sunday, October 23rd, 2011

United States Citizenship and Immigration Services, at least in San Diego, where I practice Immigration Law, in its zeal to investigate fraud and to find reasons to deny cases it adjudicates, is putting in doubt the worthwhileness of using the Howard Termination process to resolve cases for people who find themselves in removal proceedings. The Howard Termination process is based on an October 6, 2005, memorandum, the Howard Memo, from Mr. William J. Howard, Immigration and Custom Enforcement’s (ICE) principal legal…

Matter of Silva-Trevino: Going, going ….

Sunday, October 16th, 2011

On November 7, 2008, outgoing Attorney General Michael Mukasey turned immigration law on its head when he issued a decision, Matter of Silva-Trevino. Rather than go into all its details, I refer you to a blog I posted on it in January 2011 and an article I co-authored.  In January I optimistically forecasted that Matter of Silva-Trevino would not survive Ninth Circuit scrutiny. I wrote: This case (Rosas Castaneda v. Holder)  also may be foreshadow the demise of another precedent…

What if he was a foreigner?

Sunday, October 9th, 2011

Mark Wahlberg Recently I stumbled upon a news item on a Boston Fox News website about a Cambodian teenager that immigration officials released because he could not be deported to his homeland. He had been convicted and punished for his crime, stabbing and beating to death of a teenage girl eleven years ago. After serving his time for the crime, Immigration and Customs Enforcement (ICE) was going to deport him, but when it could not, he was released from detention under…

USCIS adjudicators administer laws they do not understand.

Sunday, October 2nd, 2011

When I was a kid, I remember watching an interview with the then-current crop of Nobel Prize winners on television. The concept was that these men and women were the world’s brightest people and their insights on things outside of their professional expertises would be valuable. The Physics prize winner kept saying all kinds of non-mainstream things that made him seem odd compared the others whose views were within the norm, at least to my then-child’s mind.  One thing he…