In an amicus brief submitted in Castaneda-Castillo v. Gonzales, the LAC argued that the First Circuit should uphold the majority panel’s decision not to remand the case to the BIA pursuant to the “ordinary remand rule” established in INS v. Ventura, 537 U.S. 12 (2002). While the ordinary remand rule requires remand when the BIA has not yet had the opportunity to consider an issue, the LAC argued that the rule does not apply where the BIA has thoroughly examined a particular issue but reached a wrong conclusion. When the BIA has addressed an issue in the first instance, the LAC argues, the court of appeals has authority to reverse the finding when the record compels the opposite conclusion.
Castaneda-Castillo v. Gonzales, No. 05-2384 (1st Circuit amicus brief filed Mar. 6, 2007). The court issued a precedent decision declining to follow the ordinary remand rule. Castaneda-Castillo v. Gonzales, 464 F.3d 112 (1st Cir. 2006).
These lesson plans for The New Americans for grades 7-12 are available on the Web or as PDF documents. The PDF format provides a downloadable printed version of the lesson plan; Adobe Acrobat is required.
As the Immigration Policy Center, organizers of the letter out it, “By failing to offer these young people a place in America, we are cutting them off from the very mechanisms that would allow them to contribute to our economy and society.”
This issue highlights Supreme Court cases that will be argued this fall, judicial review of denied adjustment of status applications, challenges to the use of detainers, and updates from the LAC, including a recent victory in a naturalization delay case and favorable developments in a BIA case involving portability/Matter of Perez Vargas.
A study, the first of its kind, shows that undocumented immigrants pay sales taxes and property taxes, and at least half pay an income tax.
According to an Immigration Policy Center report released yesterday, tax day, the Institute for Taxation and Economic Policy has estimated the state and local taxes paid in 2010 by households that are headed by unauthorized immigrants.
The report indicates:
These households may include members who are U.S. citizens or legal immigrants. Collectively, these households paid $11.2 billion in state and local taxes. That included $1.2 billion in personal income taxes, $1.6 billion in property taxes, and $8.4 billion in sales taxes.
The report shows that Florida collects $806.8 million, the third highest in the nation, in property and sales tax revenue from households headed by unauthorized immigrants. Florida does not have a state income tax.
Wendy Sefsaf, communications director for the American Immigration Council, tells The Florida Independent that the Institute for Taxation and Economic Policy runs scenarios about what impacts states tax revenue. Sefsaf adds that the institute is able to take their models, databases and assumptions on different groups and come up with tax contributions and that is what they did for the undocumented.
Sefsaf adds these number have never been examined, because the unauthorized population is hard to track and “we make a lot of guesses of their contribution.”
“The restrictionist movement in the U.S. spends all their time letting everyone know how much [undocumented immigrants] cost us, and they try to ignore the fact that they contribute, Sefsaf says. “We are not trying to say there are not costs associated with people, there are costs associated with everyone, but we are trying to balance out the debate. We can have a debate about who can stay and who has to go, but we have to do that with a full plate of information.”Read more...
This issue covers an upcoming Supreme Court argument on the aggravated felony definition; a decision in a suit challenging a state law regulating verification of employment eligibility; favorable court of appeals asylum decisions; litigation resources, and highlights from the LAC (including litigation involving federal court jurisdiction and the Child Status Protection Act, and advocacy around the asylum clock).