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 2010 report released by the American Immigration Council estimates that there are 1.5 million undocumented children in the United States; every year, 65,000 undocumented students who have lived in the United States for over five years graduate from high school.
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.
On the other side, the Immigration Policy Center, a nonprofit group in Washington, D.C., says legalizing the 11.1 million undocumented immigrants would increase the country's gross domestic product by $1.5trillion over 10 years.
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
The United States ranks ninth out of 31 countries in an international study evaluating immigrant integration policies released this week.
The Migrant Integration Policy Index (aka MIPEX), produced by the British Council and the Migration Policy Group, evaluates seven areas: labor market mobility, family reunion, education, political participation, long-term residence, access to nationality and anti-discrimination measures in all European Union member states plus Norway, Switzerland, Canada and for the first time the U.S.
The Immigration Policy Center, the research and policy arm of the American Immigration Council, served as a U.S partner for the study, and helped answer questions and gather information from various American expert.
The study indicates that strong U.S. anti-discrimination laws protect immigrants and guarantee them equal rights and opportunities, a model for immigration rules elsewhere.
Mary Giovagnoli, director of the Immigration Policy Center, told The Florida Independent that the U.S invests very little in immigrant integration and that budget cuts at the state and federal level put the country’s positive ranking at risk. She added that policymakers need to know that helping people to integrate and learn English provides a large return on investment.
Giovagnoli explained that the MIPEX study can help guide best practices, so the U.S. can learn from other countries like Canada that have a thoughtful integration policy, and help other countries learn from areas where the U.S. shows positive advances.
According to the study, U.S legal status gives most migrant workers and their families some of the same chances in the labor market as native-born Americans, but immigrants often take jobs far below their skill level.Read more...
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.