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"Parole" and Adjustment of Status

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In these amicus briefs, the LAC argues that a non-citizen who has entered the country without inspection, and subsequently been arrested and paroled under INA § 236(a) is eligible to adjust status as a “parolee” under the relevant adjustment statute, either INA § 245(a) or the Cuban Adjustment Act.

  • Espino Del Angel v. Gonzales                        2nd Circuit                        No. 06-2832
  • Francisco-Lorenzo v. Gonzales                        2nd Circuit                        No. 06-0768

Book Review: Lena Finkle’s Magic Barrel by Anya Ullnich

Graphic novels are not just for students. Although the genre tends to appeal to a younger audience, some authors such as Anya Ullnich, who writes for an older audience, uses the genre in order to literally illustrate the complexity of her personal immigration story.

Read more...

Year Released: 2015

Why an immigration amnesty could benefit British workers

Published on Fri, Oct 08, 2010

Indeed, there is conclusive evidence that granting amnesty to illegal immigrants enables them to boost their income, reducing socio-economic disparities. As part of the last attempt at immigration reform 25 years ago, the United States granted amnesty to nearly 3 million immigrants. A study carried out last November by the American Immigration Council found that whereas their homeownership rates and skills levels lagged those of equivalent ages who had been born in the United States, this gap had almost completely disappeared by 2006. Indeed, many of those who came to the United States in their late 20s and early 30s without the equivalent of a secondary education had improved their levels of qualifications, suggesting that they had invested time and money in remedial education.

Published in the Statesman

Motions to Suppress in Removal Proceedings

The American Immigration Council provides practice assistance and resources to immigration attorneys seeking to prevent the use of unlawfully obtained evidence in removal proceedings. Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens.

The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have in many cases prevailed on motions to suppress.

CASES l RESOURCES

CASES

 

Garcia-Aguilar v. Holder, No. 14-1185 (1st Cir. amicus brief submitted July 28, 2014)Read more...

One woman spared deportation, but millions live on the edge

Published on Wed, Dec 22, 2010

Private bills are not routinely introduced for undocumented individuals, according to Wendy Sefsaf, spokeswoman for the Washington-based Immigration Policy Center. During the 111th session of Congress, 104 bills were introduced for those who may suffer hardships if they were returned to native countries or became undocumented due to administrative delays.

That's low, Sefsaf said, compared to deportations: A record-breaking 392,000 illegal aliens were removed in 2010, a 70 percent increase from the previous administration, officials from the Department of Homeland Security and U.S. Immigration and Customs Enforcement announced in October.

Exactly how many private bills pass is unclear. Last week, for the first time in five years, Congress approved private bills for two Japanese citizens fighting to live in the United States — Shigeru Yamada, son of a woman who was killed in a car crash when he was a teenager and was never adopted, andHotaru "Hota" Ferschke, who found out she was pregnant and got married over the phone with a Marine who was killed in Iraq.

But Sefsaf said those cases are exceptions.

"Congress just needs to focus on a broader plan that would provide relief for the millions in this country that deserve to stay and figure out a way to weed out the ones that might not."

Published in the Detroit News

Litigation Clearinghouse Newsletter Vol. 2, No. 15

This issue covers circuit court challenges to BIA precedent decisions, an advisory on multiple possession convictions, a Q&A addressing the Ninth Circuit's Recent decision Duran Gonzalez, religious worker litigation, and a recently filed natz delay class action.

Published On: Wednesday, December 19, 2007 | Download File

Santa Clara Valley Creative Writing Contest WInner

Santa Clara Valley 2011 Creative Writing Contest Winner

Published on Fri, May 20, 2011

During the Santa Clara Valley American Immigration Lawyers Association meeting the winner of the local American Immigration Council's 14th Annual "Celebrate America" Creative Writing Contest was honored and read his winning entry.

Published in the ImmigrationProf Blog

Litigation Clearinghouse Newsletter Vol. 1, No. 5

This issue covers adjustment of status under INA

Published On: Wednesday, February 8, 2006 | Download File