Flores v. Lynch, an example of the risks in winning your case.

Sunday, August 21st, 2016

On July 6, 2016, the Ninth Circuit Court of Appeals released its decision in Flores v. Lynch, a lawsuit brought by the Center for Human Rights and Constitutional Law to decide about a difference in interpretation of a Settlement agreement the government entered into in 1997 regarding the detention of alien minors. Based on litigation back then regarding the detention and treatment of minors in detention, the government settled the lawsuits by agreeing to hold minors in facilities that are…

When is an admission not an admission and when is a parole not a parole? When ICE makes up the law.

Sunday, June 26th, 2016

When you encounter a non-citizen of the United States on an American street, the usual understanding is that he could be one of six things: 1. A person who was admitted to the United States after inspection at a port of entry (border or air or seaport) and is maintaining proper status; 2. A person who was admitted and then overstayed his period of admission or violated his status; 3. A person who was paroled into the United States. Parole…

Mandatory detention of asylees is back, though no one will say it out loud.

Sunday, May 22nd, 2016

I recently read a New Yorker article  by Adam Gopnik where he started the article and ended the article quoting Alexander Pope. Good article, but why quote a guy I did not even know was Pope? My article will quote someone a little more approachable, Billy Joel. Here goes, “Honesty is such a lonely word / Everyone is so untrue.” Who am I referring to? Our government and its treatment of Middle Eastern asylum seekers. The problem – though the…

The top ten signs the government really does not want lawyers representing clients in immigration cases.

Sunday, April 17th, 2016

It’s time to admit it, the government does not want lawyers representing aliens in immigration proceedings pretty much before any of the agencies that deal with immigration matters, principally the Departments of Homeland Security and Justice. 1. Customs and Border Protection does not allow attorneys to appear with clients at the border. 8 CFR 292.5(b)  In fact, the Board of Immigration Appeals has held that officers do not even have to tell applicants for admission that they have the right…