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Seeking a Judicial Stay of Removal in the Court of Appeals

This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.

Published On: Tuesday, January 21, 2014 | Download File

Wagner-Rogers Bill Debate

The Wagner-Rogers Bill - Debate lesson allows students to develop and hear the arguments for and against the Wagner-Rogers bill by taking part in a mock Congressional debate on the bill. Students are encouraged to develop and listen to persuasive testimony and speeches, and to come up with creative strategies to change the legislation in ways in which it might be more acceptable.

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Swatting babies with the Constitution doesn't improve immigration system

Published on Sat, Aug 21, 2010

Texas Solicitor General James Ho wrote an analysis for the Immigration Policy Center (posted on immigrationpolicy.org) looking at the Senate debate when the amendment was passed, as well as applicable Supreme Court rulings, and concluded that "birthright is protected no less for children of undocumented persons than for descendants of Mayflower passengers."

Published in the Texas Star Telegram

Immigration Judge Jurisdiction over INA § 204(j) Portability

Because the process for an immigrant worker to become a lawful permanent resident can be quite lengthy, Congress enacted a provision in 2001 that gives immigrant workers needed job flexibility. A worker with an approved visa petition and a pending application for permanent residence can change jobs during the transition period if the new job is the same or similar to the job for which the original visa was approved.  In a precedent decision issued in 2005, the BIA ruled that an immigration judge did not have jurisdiction to decide whether an applicant’s new job was the same or similar to the prior job. Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005).  This effectively prevented many noncitizen workers who had changed jobs in accordance with the law from having their permanent resident applications approved.   

The Legal Action Center successfully challenged this decision in several courts of appeals. These decisions and our arguments, in turn, persuaded the BIA to withdraw Matter of Perez-Vargas and issue a new decision finding that immigration judges do have jurisdiction to decide this issue.

CASES

Ahmad v. Mukasey, No. 08-4081 (2d Cir. amicus brief filed Jan. 16, 2009) (remanding case to BIA for new decision in light of the Board’s decision in Matter of Neto).

Matter of Neto, No. A095-861-144 (BIA amicus brief filed Aug. 27, 2009).  In a precedent decision, the BIA adopted the position of the Legal Action Center and vacated Matter of Perez VargasMatter of Neto, 25 I&N Dec. 169 (BIA 2010).Read more...

Toward A Better Life

Author:  Peter Coan

Coan's collection of 'new beginning' stories captures the spirit of new Americans.  Each story frames a different period of history but the drive, dreams, passion and pride of the subjects hasn't changed over time. Immigrants often leave so much behind in order to bring so much forward.  The author organized the stories by decade and included a background of each era.  With the perfect dose of history the book moves forward and the readers will feel like they get to know the storytellers. This book is the perfect companion to any educator who is teacing their students about immigration to the United States because it puts both the historic and contemporary issues of immigration into perspective.

Year released: 2011
Grades 7-Adult

'New American' Voter Registration Report Released

Published on Thu, Oct 14, 2010

As of 2008, "New Americans" were one in ten of all registered voters in the country, according to a new Immigration Policy Center report. Two-thirds of those are naturalized U.S. citizens and a little over one-third are the American-born children of immigrants, primarily from Latin America and Asia.

Transcript:

Good morning, I’m Elizabeth Wynne Johnson; this is Power Breakfast from Capitol News Connection.

Support for Power Breakfast comes from Raytheon, committed to Homeland Security solutions that predict and deter current and emerging threats across air, land, sea, space and cyberspace. Raytheon. Customer success is our mission.

A new report out today offers an updated snapshot of a profound shift in electoral demographics.

EWING As of 2008, New Americans were one in ten of all registered voters in the country. That’s 15 million registered voters.

What’s a “New American”? Walter Ewing, senior researcher at the Immigration Policy Center, breaks it down: roughly two-thirds are naturalized US citizens; a little over one-third are the American-born children of immigrants, primarily from Latin America and Asia. Since the Census Bureau first started collecting this data in 1996, the total number of ‘New American’ voters has jumped more than one-hundred percent. As of 2008, they had the numbers to play a pivotal role.

EWING We did identify states in which the number of New American registered voters was greater than the numbers of votes by which either Obama or McCain won the state… That was the case in FL, CA, TX, NC, NJ, GA, VA, AZ, MO, NV, IN and Montana, even.

To identify New Americans as a voting “bloc,” however, has its limits.

EWING They’re a “bloc” in the sense of having a personal connection to immigrant experience – but that doesn’t mean they all vote the same way.

Candidates – especially those in close elections – would do well to take heed of one over-arching characteristic.Read more...

Published in the Capital News Connection

Relevant Decisions

In contrast with criminalproceedings, removal proceedings include only minimal safeguards for respondents with mental disabilities. This page contains summaries of select cases addressing the rights of noncitizens with mental disabilities.

Federal Court Decisions

Franco-Gonzalez v. Holder, No. 10-02211 (C.D. Cal. Apr. 24, 2013): Federal Judge Orders Government to Provide Counsel to Detained Immigrants with Mental Disabilities Facing Deportation

In March 2010, attorneys from the ACLU of Southern California filed a petition for writ of habeas corpus in a California federal district court on behalf of Jose Antonio Franco-Gonzalez, a Mexican citizen with a cognitive disability who had been in immigration detention for more than five years. Several months later, the ACLU and other organizations and attorneys filed a class action lawsuit on behalf of Mr. Franco-Gonzalez and other detained unrepresented individuals with serious mental disorders in removal proceedings in California, Arizona, and Washington. The complaint stated that the government was required to 1) conduct competency evaluations for all those who the government knows or should know may be incompetent to represent themselves, 2) appoint attorneys for those found in need of counsel as a result of the evaluations, and 3) conduct custody hearings for those who face prolonged detention as a result of the delays caused by their mental disabilities. As a result of the habeas petition, ICE released Mr. Franco-Gonzalez from custody.Read more...

E-Verify Employment Verification Schemes

The Impact on Native, Naturalized, and Immigrant Workers

Washington D.C. – Mandatory use of a federal database known as E-Verify (until recently known as Basic Pilot) to verify the employment eligibility of all workers is at the heart of a number of federal and state proposals.  The Shuler-Tancredo bill (H.R. 4088) is the subject of a "discharge petition" gathering signatures in the U.S. House of Representatives, and there are other similar proposals under consideration in Washington.  The state of Mississippi joined Arizona and Oklahoma in mandating the use of E-Verify by all employers while Idaho, Indiana, and Virginia recently rejected such proposals. Read more...

Metcalfe would deny automatic citizenship to illegals' kids born in U.S.

Published on Fri, Jan 07, 2011

"The proposal presented today is clearly unconstitutional and an embarrassing distraction from the need to reform our nation's immigration laws," said Benjamin Johnson, executive director of the nonprofit American Immigration Council. "It constitutes a vicious assault on the U.S. Constitution and flies in the face of generations of efforts to expand civil rights.

"It is an attack on innocent children born in the U.S. who would be confined to a new second-class citizenship and vulnerable to abuse and discrimination," Johnson said.

 

Published in the Pittsburgh Tribune

Litigation Clearinghouse Newsletter Vol. 2, No. 13

This issue covers natz delay class actions, challenges to Matter of Perez-Vargas, potential religious worker litigation, and LAC news.

Published On: Monday, November 19, 2007 | Download File