Archive for January, 2010

9th Circuit decision fails to mention an important issue

Sunday, January 31st, 2010

Last week I pointed out that a BIA decision has disrupted the calculations non-citizen criminal defendants make when considering pleading guilty to a crime to enable them to either keep or to seek lawful immigration status. The case, Matter of Almanza-Arenas, 24 I. & N. Dec. 771(BIA 2009), held that in removal cases commenced after the passage of the REAL ID act in 2005, the alien must prove that he or she is eligible for┬árelief from removal. Depending on the…

A generation of pleading tactics may be down the drain.

Sunday, January 24th, 2010

Immigration lawyers involved in advising aliens who have been arrested and their criminal defense attorneys have honed skills in trying to mitigate the effects of a criminal conviction on immigration status. In other words, attorneys try to find ways for an alien to plead guilty so he or she will not be deportable, or if he or she cannot avoid deportation, he or she will at least be able to ask for relief (forgiveness) so as not to be deported….

Policy change allows for parole of asylum seekers

Sunday, January 24th, 2010

In this blog I have posted many articles about the horrid policy where arriving alien asylum seekers are not released from detention until they are granted asylum or related relief. I pointed out that Australia had such a system and abandoned it just as the United States implemented a “no release” policy. I compared this policy to the Sound of Music where if this policy were in effect in Switzerland, Maria Von Trapp would have been detained upon arrival in…