In a January 17, 2007 decision written by Justice Breyer, the Supreme Court found that a person who aids or abets a theft falls within the scope of the generic definition of theft. The Attorney General had sought certiorari in this Ninth Circuit removal case. The respondent, a permanent resident, was convicted of violating section 10851(a) of the California Vehicle Code. He was placed in removal proceeding and charged with removability based on an aggravated felony conviction, to wit, a theft offense as defined in INA § 101(a)(43)(G). The Ninth Circuit, relying on Penuliar v. Gonzales, 435 F.3d 961 (9th Cir. 2005), which held that the California statute is broader than the generic definition of theft, reversed the finding of removal.
Contrary to the visa title, the J-1 Exchange Visitor Program isn't all about the J1, but the J2s, too!
The Exchange Visitor Program is pleased to announce Tania Alves Calvao AND her son, Olivio, as November's Exchange Visitors of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...
Two dozen college students rallied Werdnesday afternoon outside the San Francisco office of Gov. Jerry Brown, who has until Oct. 9 to either sign or veto a bill that would allow undocumented students to receive public financial aid for higher education.
The students, joined by a member of the City College of San Francisco Board of Trustees, took part in a statewide day of action designed to pressure Brown into signing the bill, AB 131, the second half of the California Development, Relief and Education for Alien Minors, or DREAM, Act.
In July, Brown signed AB 130, a bill allowing undocumented students to receive private scholarships.
If he signs the second bill, undocumented students attending public higher educational institutions who qualify for the exemption from non-resident tuition would be eligible to receive financial aid at the state's public colleges and universities.
Currently, undocumented students cannot receive state or federal financial aid.
According to the Immigration Policy Center, although some 65,000 undocumented students graduate from high school, only 5 to 10 percent continue onto college, with many unable to continue for financial reasons or because schools do not allow them to enroll.
Several students, identified only by their first names for their protection, shared stories at the rally about their college experiences.
Through choked tears, Catherine spoke of how she had been a fourth-year political science student at the University of California at Berkeley but had to drop out the semester she was to graduate because she could not afford to finish.
"Sign this bill as if your own children needed it," she said, urging Brown to take action. "Undocumented students are under attack and California can be the beacon of hope."Read more...
Immigration attorneys with clients who are training international personnel find that the J visa can offer many advantages over Hs and Bs: no restrictions on source of income, no USCIS involvement in the application process, priority visa appointments, etc. But the J visa comes with many considerations not readily found in the Department of State Regulations.
This audio seminar will cover "how it works" questions regarding SEVIS, maintaining J status, determining eligibility, determining home residency requirements, etc. It will also address some of the political considerations behind J policies. Read more...
The first new edition of the American Heritage Dictionary in 10 years contained 10,000 new entries -- and one of them in particular caused a flurry of protest among immigrant and Latino advocates.
The fifth edition of the dictionary defined the term "anchor baby" as "A child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially such a child born to parents seeking to secure eventual citizenship for themselves and often other members of their family."
The original definition did not include any indication that the phrase is offensive, as it does for other words.
Immigration Impact, a group that that advocates for the rights of immigrants, first covered the word's inclusion on its blog on Dec. 2 and pressed for a change that would reflect the "poisonous and derogatory nature of the term."
After reading the post, the executive editor of the dictionary, Steve Kleinedler, agreed that the definition needed to change.
The current wording was added to the online dictionary on Monday. It flags the word as "offensive" and defines "anchor baby" as being "used as a disparaging term for a child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially when the child's birthplace is thought to have been chosen in order to improve the mother's or other relatives' chances of securing eventual citizenship."
Kleinedler told Colorlines, a blog that reports on issues of race, ethnicity and social justice, that changing the word was more about accuracy than outrage.
"Personally, this was not a reaction that we have to fix it because people are angry," Kleinedler told Colorlines. "We fixed it because we were wrong. And I, as the executive editor, acknowledge the fact that this was an error and I take responsibility for that."Read more...
The Legal Action Center (LAC) is the litigation and legal resources arm of the American Immigration Council. The LAC’s mission is to protect the legal and constitutional rights of noncitizens, and to ensure that immigration law is interpreted and implemented in a manner that is sensible and humane. To this end, the LAC engages in impact litigation, including appearing as amicus curiae,before administrative tribunals and federal courts in significant immigration cases on targeted legal issues. The LAC also works with other immigrants’ rights organizations and immigration attorneys across the country to promote the just and fair administration of our immigration laws. In addition, the LAC is one of the leading providers of litigation-related legal resources for immigration advocates, including in-depth practice advisories, trainings and litigation meetings.
If there's a controversial new anti-immigration law that's captured national attention, chances are that it has Kris Kobach's imprimatur. A telegenic law professor with flawless academic credentials—Harvard undergrad, Yale Law School—Kobach helped Arizona lawmakers craft the infamous immigration law that passed in the spring of 2010. He's coached legislators across the country in their efforts to pass dozens of similar measures, ranging from Alabama, Georgia, and Missouri to the small town of Fremont, Nebraska, pop. 26,000. His record has helped propel him into elected office, becoming Kansas' secretary of state just six months after the passage of Arizona's SB 1070.
Kobach routinely denies that he's the progenitor of the anti-immigration laws he's drafted or defended. Rather, he insists he simply assists officials already committed to tougher enforcement policies. "I did not generate the motivation to pass the law...I am merely the attorney who comes in, refines, and drafts their statutes," he says.
But advocates on both sides of the immigration debate agree that Kobach's influence has been far-reaching. Rosemary Jenks of NumbersUSA, an anti-immigration group, calls Kobach "instrumental in helping states and localities deal with the federal government's authority." Vivek Malhotra, a lawyer who worked for the American Civil Liberties Union when it tussled with Kobach in court, says, "What Kris Kobach has done as a lawyer is really gone out to localities around the country and really used them as experimental laboratories for pushing questionable legal theories about how far states and local governments can go."Read more...
The Community Education Center strives to promote a better understanding of immigrants and immigration by providing educational resources that inspire thoughtful dialogue, creative teaching and critical thinking. Dedicated to the American values of fairness, social justice and respect for all people, the Center is committed to making immigration an “everybody issue.” The Center also highlights the positive contributions immigrants have made and continue to make to American society through its programmatic work.