When brothers don’t talk

Saturday, February 16th, 2013

Senator Joseph Lieberman’s great legacy, besides giving Jon Stewart years of material, is his efforts to create the gargantuan Department of Homeland Security (DHS) and split the former Immigration and Naturalization Service into three separate agencies, Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE). The breakdown in the agencies’ missions, simply put, is USCIS adjudicates benefits like temporary and permanent residence statuses and citizenship determinations, CBP polices the borders and internal checkpoints,…

Prosecutorial Discretion: Some immigration judges may not want to play

Saturday, December 17th, 2011

Much has been written  and adorably dramatized by me and others about the new prosecutorial discretion policy announced by President Obama and his administration. Despite continued skepticism in the media, the policy is being boldly implemented, at least in San Diego, where I practice. Pilot programs are underway in Baltimore and Denver and files are being reviewed nationwide. Implementation is being carried out by the Office of Chief Counsel (OCC), a.k.a., Immigration and Customs Enforcement’s Office of the Principal Legal…

The BIA reverses the Ninth Circuit and expands the reach of the stop-time rule

Sunday, December 4th, 2011

The Justice Department’s Executive Office for Immigration Review’s Board of Immigration Appeals (BIA) laid one on us Friday, in what Matt Drudge might call a Friday document dump. In this case, the dump was a decision about the stop-time rule, Matter of Camarillo. The stop-time rule, found at INA § 240A(d), states, in part, that “… any period of continuous residence or continuous physical presence in the United States shall deem to end … when the alien is served a…