Every year hundreds of fifth grade students in Northern California participate in the American Immigration Council's "Celebrate America" Creative Writing Contest. On August 19 the top winners of the local contest in San Francisco, which is sponsored by the local chapter of the American Immigration Lawyers Association will speak at a naturalization ceremony. Two of the people being sworn in are parents of one of the contest winners.
Single BIA members are deciding summarily thousands of case using the "affirmance without opinion" procedure. This Practice Advisory discusses arguments that challenge a BIA Member's use of this procedure to deny an appeal.
A report by the Immigration Policy Center (IPC) and the Center for American Progress (CAP) finds that mass deportation would reduce U.S. GDP by reduce U.S. GDP by 1.46 percent. Comprehensive immigration reform, on the other hand, would increase in U.S. GDP by at least 0.84 percent.
Noncitizens facing removal must have a meaningful opportunity to present their cases to an immigration judge. On occasion, noncitizens are deprived of this opportunity due to their lawyers’ incompetence or mistake. Although the government has recognized the need for a remedy for ineffective assistance of counsel, see Matter of Lozada, the framework currently used to evaluate whether ineffective assistance has occurred is severely flawed. The LAC has long worked to protect the right to effective assistance of counsel for noncitizens in removal proceedings.
Matter of Compean, 24 I&N Dec. 710 (A.G. 2009), vacated by 25 I&N Dec. 1 (A.G. 2009)
On January 7, 2009, the Attorney General issued the first Matter of Compean decision, which reversed decades of precedent securing the right to effective assistance of counsel. Subsequently, the LAC (joined by numerous organizations and individuals) urged the Attorney General to reconsider the case. On June 3, 2009, the Attorney General issued the second Compean decision, vacating the prior decision. The June 3 decision directs the immigration judges and BIA to apply pre-Compean standards to motions to reopen based on ineffective assistance of counsel. It also directs EOIR to initiate a rulemaking procedure to evaluate the Lozada framework and to determine what modifications should be proposed for public consideration. To date, EOIR has not published a proposed rule for comment.
As part of this push, four prominent scholars of students from immigrant families held a conference call with press yesterday to voice support for the DREAM Act. The call was hosted by the Immigration Policy Center of the Washington-based American Immigration Council. The scholars were Roberto G. Gonzales, of the University of Washington School of Social Work; Douglas S. Massey, of Princeton University's Woodrow Wilson School of Public and International Affairs; Rubén G. Rumbaut, of the University of California Irvine School of Social Sciences; and Carola Suarez-Orozco, from New York University's Steinhardt School of Culture, Education, and Human Development.
Pages 447 – 448: Talking points on right to counsel in ICE examinations prepared for then-Acting Principal Legal Advisor Barry O’Mellin in advance of the 2009 AILA Annual Conference; addresses access to counsel during 287.3 interrogation and the right to counsel during a worksite enforcement operation
Pages 736 – 747: Office of the Principal Legal Advisor power point: Interviewing Aliens of Interest in National Security Cases, 2009