In Moncrieffe, the Supreme Court held that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. This practice advisory discusses the holding of the case, the decision’s potential broader implications, strategies for noncitizen criminal defendants, and steps that lawyers should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.
The benefits of E-Verify are not clear cut. According to the Immigration Policy Center,
Expanding mandatory E-Verify as part of the stimulus package would threaten the jobs of thousands of U.S. citizens, decrease productivity, saddle U.S. businesses with additional costs, and hinder the Social Security Administration’s (SSA) ability to provide benefits to needy and deserving Americans – all at a time when we need to stimulate our economy. The fact is: expanding E-Verify now would decelerate the Stimulus Package and slow America’s economic recovery.
Tell the LAC about your DOMA (Defense of Marriage Act) cases
AIC’s Legal Action Center is interested in hearing about pending immigration cases that involve the validity of a marriage involving a lesbian or gay foreign national. Please tell us about any case in which relief from removal hinges upon a qualifying spouse who is a lesbian or gay foreign national or any case in which an application for an immigration benefit (such as an I-130) hinges on recognition of a marriage involving a lesbian or gay foreign national. Reply if you have a case that currently is pending:
in federal court (either district court or the court of appeals);
before the BIA or an IJ; or
Please tell us the status of the case, what decisions have been made on the case, and whether the adjudicator has agreed to hold the case in abeyance until the constitutionality of the Defense of Marriage Act (DOMA) is resolved by the courts or until there is further action by the BIA in Matter of Dorman, 25 I&N Dec. 485 (Attorney General 2011).
In cooperation with Immigration Equality, the National Immigration Project and Northwest Immigrant Rights Project, we are interested in assessing the status of pending cases and exploring possible remedies.
Also, if you are interested in developments that relate to lesbian or gay marriages (and many other LGBT issues) please join the GLIG (LGBT interest group) of AILA. You can sign up by clicking “View and Change Listservs” on your MyAILA page.)
The American Immigration Law Foundation (AILF) is pleased to present this 2005 edition of its 'Appreciating America’s Heritage" teacher resource guide.In these pages educators will find the latest lesson plans and book reviews developed by AILF for primary, intermediate, and secondary level classrooms. Each curriculum is designed and books have been selected to introduce students, especially those who may not be exposed directly to ethnically diverse populations, to the important and timely topic of immigration.
According to the Immigration Policy Center, “If ICE does not take custody within 48 hours, the detainer automatically lapses, and the state/local law enforcement agency is required to release the individual.”
This issue covers a recent FOIA lawsuit seeking information about stipulated removal; a Seventh Circuit case holding that the waiver of a right to a removal hearing under the Visa Waiver Program must be knowing and voluntary; a Ninth Circuit decision finding that DHS may not unilaterally block a motion to reopen to adjust status by opposing the motion; and the Supreme Court's decision to grant certiorari to examine the standard for granting stays of removal at the courts of appeals.
Do you have questions about deferred action. Use this resource from NILC before applying. Please seek the advice of an immigration attorney should you have ANY questions go to to find an immigration attorney http://www.ailalawyer.com/. Beware of scam artists and any body who promises fast processing or guaranteed acceptance.
Henry Cejudo could have stayed away. He already left his signature on one of America's hottest hot-button issues. The son of illegal immigrants from Mexico, he held an American flag high while celebrating his wrestling gold medal at the 2008 Summer Olympics.
Henry Cejudo celebrates after defeating Japan's Tomohiro Matsunaga in the finals of the men's 55 kg freestyle wrestling to win the gold medal in 2008.
Afterward, he spoke openly about his mom naively crossing the border in high heels, his drug-abusing dad dying impoverished in Mexico, his itinerant childhood spent evading rent collectors. He put the details in a book titled American Victory.
He settled back in his home state of Arizona. He didn't stay settled for long.
"We're living in the damn '60s, the '50s in Arizona," he says.
A state law passed last year requires police to check the immigration status of anyone they stop, detain or arrest that they suspect is in the country illegally. A federal judge's decision to block the law is being appealed. Another proposed law would deny state citizenship to children born in the USA if neither parent has legal status.
"They've done a lot of articles on this whole 'anchor baby' law," Cejudo says, using the pejorative description that refers to U.S.-born children "anchoring" their illegal parents here. "I feel like I'm a figurehead to that."
He could use the speaking circuit as a platform. Instead, he decided to take on the issue in the only place he's ever felt truly at home: the wrestling mat.
In February he returned to the U.S. Olympic Training Center in Colorado Springs, determined to win another gold at the 2012 Games in London.
"I've done it, and I know I can do it again," says Cejudo, 24, who was born in Los Angeles. "This time I want to have more emphasis on this immigration issue."Read more...